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Decent work in a globalized economy

Lessons from public and private initiatives

Edited by Guillaume Delautre,

Elizabeth Echeverría Manrique

and Colin Fenwick ILODecent work in a globalized economy: Lessons from public and private initiatives

Decent work in

a globalized economy

Lessons from public

and private initiatives

Edited by

Guillaume Delautre,

Elizabeth Echeverría Manrique

and Colin Fenwick

International Labour Office · Geneva

Copyright © International Labour Organization 2021

First published 2021

versal Copyright Convention. Nevertheless, short excerpts from them may be reproduced without authorization, on condition that the source is indicated. For rights of reproduction or translation, application should be made to ILO Publications (Rights and Licensing), Libraries, institutions and other users registered with a reproduction rights organization may make copies in accordance with the licences issued to them for this purpose. Visit www.ifrro.orgࡼ Decent work in a globalized economy: Lessons from public and private initiatives Le travail décent dans une économie mondialisée: quelques leçons des initiatives publiques et privées Nations practice, and the presentation of material therein do not imply the expression legal status of any country, area or territory or of its authorities, or concerning the delim- itation of its frontiers. The responsibility for opinions expressed in signed articles, studies and other contribu- tions rests solely with their authors, and publication does not constitute an endorsement www.ilo.org/publns.

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Code: WEI-SEP

Contents

Introduction 17

Guillaume Delautre, Elizabeth Echeverría Manrique and Colin Fenwick 1. Transnational Labour Governance in Global Supply Chains: Asking Questions and Seeking Answers on Accountability 43

Ingrid Landau and Tess Hardy

2.

Mapping human rights due diligence regulations

and evaluating their contribution in upholding labour standards in global supply chains 75

Claire Bright

3. Trade arrangements and labour standards in a supply chain world: Current issues and future considerations 109

Karen Curtis and Elizabeth Echeverría Manrique

4. A short history and future prospects of cross-border social dialogue and global industrial relations agreements 133

Konstantinos Papadakis

5.

Implementing the French Duty of Vigilance Law:

When enterprises drew up their first plans

165

Pauline Barraud de Lagerie, Élodie Béthoux,

6. Private regulation of labour standards in global supply chains:

Current status and future directions

185

Sarosh Kuruvilla, Ning Li and J. Lowell Jackson

Decent work in a globalized economy: lessons from public and private initiatives6 7. The social responsibility of multinational enterprises vis-à-vis the State: The case of the automotive and television industries in Mexico 211

Graciela Bensusán and Jorge Carrillo

8.

Better Work: Lessons learned and the way forward

for decent work in the global garment industry 243

Arianna Rossi

9. Access to justice after Rana Plaza: A preliminary assessment of grievance procedures and the legal system in the apparel global supply chain 265
10. Labour governance initiatives in the Costa Rica-EU pineapple supply chain and their impact on social dialogue 301

Deborah Martens and Annelien Gansemans

11. Building transnational social dialogue: A process-based analysis of the effectiveness of international framework agreements 335

Rémi Bourguignon and Marc-Antonin Hennebert

7

Acknowledgments

This volume was produced with the financial support of the French

International Labour Office.

The coordinators of this volume wish to thank the authors for their contri- butions, their responsiveness and patience during the production process of this book. Lloyd and Julie Weidmann. We are also grateful for the translations of the Johnson (French to English) and Laurence Rizet (English to French). Thank you to our colleagues Frédérique Dupuy (ILO Office for France) for her remarkable proofreading, Judy Rafferty (Research Department, ILO) for her support in the publication of this volume and Maria Carolina Martins da Costa (Labour We are grateful to the peer reviewers of the different chapters for their val- Cosme (ILO Office for France), Damian Grimshaw (previously at the Research We would like to emphasize that the responsibility for opinions expressed in the following chapters rests solely with their authors, and publication does not constitute an endorsement by the International Labour Office. 9

Contributors

Editors

(in alphabetical order) Employment policy department. In the last years, his research has mostly dealt with the employment and labour impacts of changes in global supply chains and production processes and with corporate social responsibilities. on labour law to ILO constituents. Previously, she worked at the Research Department researching the linkages between trade and international labour standards, corporate social responsibility and stakeholders' involvement in law in Mexico. Elizabeth Echeverría Manrique holds a Master's Degree on Laws in International Law with specialization on trade and investment by he served as Director of the Centre for Employment and Labour Relations ment for labour market regulation, with a particular focus on developing

Human rights at work: Legal and regulatory

perspectivesLabour Regulation and

Development: Socio-Legal Perspectives

Decent work in a globalized economy: lessons from public and private initiatives10

Authors

(in alphabetical order) social responsibility, the regulation of global value chains and, more recently, issues relating to crowdworkLes patrons de la vertu. De la responsabilité sociale des entreprises au devoir de vigilance (Presses d'Ambrosio, a special volume of the review

Droit et Société (forthcoming) on

the duty of vigilance.

ȆSistema Nacional de Investigadores

author of

El modelo mexicano de regulación laboral

(2000, Miguel Angel Porrúa- Sindicatos y Política en México: cambios, continuidades y contradicciones (2013, UAM, FLACSO and CLACSO), and editor or co-editor of

Trabajo y trabajadores en el México

contemporáneo the comparative analysis of labour policies, institutions and organizations in Latin America. working on collective bargaining from an international perspective, the cor- porate social responsibility policies of multinational enterprises and the effect

ȊBritish Journal of Industrial Relations,

affect workplace employment relations? The French case in a comparative per-

ȊEuropean Journal of Industrial Relations

Contributors11

the employment relationship, particularly through the lens of social dialogue. (with Arnaud Mias) a study on international framework agreements for the ILO Office for France and to contribute to a recent study for the ILO on the implementation of the French Duty of Vigilance Act. recently co-authored a study for the European Parliament on Access to legal remedies for victims of corporate human rights abuses in third countries, and a study for the European Commission on due diligence requirements through the supply chains. Mexico and abroad for his studies on the maquiladora industry, the automo- participates in the governing boards of international research networks. In action through standards and technical cooperation aimed at ensuring that freedom of association and collective bargaining rights are widely known Decent work in a globalized economy: lessons from public and private initiatives12 obtained an interdisciplinary Ph.D. in Rural agricultural supply chain professional with fieldwork experience in Latin worked in the Decision and Policy Analysis at the International Center for Tropical Agriculture (CIAT) in Colombia where her interest in fair trade and month internship. Dr of the Centre for Employment and Labour Relations Law and an Australian duced, promulgated and protected in fragmented business networks, such principally in the area of workplace relations law. Tess was previously the Associate Editor of the Australian Journal of Labour Law and currently sits on the national committee of the Australian Labour Law Association. Resources Management and associate researcher at the Interuniversity Research Centre on Globalization and Work (CRIMT) and the International unionism, collective bargaining and social dialogue which he studies from both the national and international perspective. At the international level, of multinational enterprises and their value chains, international trade ried out with international trade union representatives and the management

Contributors13

studies the effect of automation on public transit labour in global cities. Prior to graduate studies she worked at the International Labour Office as a tech- nical officer and has been a student representative at the Workers" Rights the linkages between economic development, industrial relations and human comparative and transnational labour regulation, and business and human porate human rights due diligence, socially responsible public procurement, and labour regulation in the Asia-Pacific. Ingrid has worked as principal tices in global supply chains, with a particular focuses on both labor and in global supply chains and comparative industrial relations, particularly in Decent work in a globalized economy: lessons from public and private initiatives14 trade arrangements for the improvement of labour conditions in third coun- work is embedded in the broader debate on Fair Trade. In addition to pub- Affairs Review, Deborah contributed to a number of book chapters and policy her work on civil society mechanisms. of the review Sociologie du travail and organizes a French scientific network links between precarious employment and working conditions, workers on digital platforms and the operation of staff representative bodies following Cyprus and Greece and in charge of ILO Athens. Previously, he was adviser to and policy development specialist at the Industrial Relations department industrial relations, and has been main author of the International Labour

Contributors15

is a lecturer on human resources development at the work focusses on sociology of the economic world, with particular reference to responsible investment and corporate social responsibility, on which she has published articles in national and international reviews (Revue Française de Sociologie, Revue Française de Socio-Économie, Journal of Business

Ethics

the congress of the International Research Network on Organizations and

ȊRevue de

l'Organisation Responsable- parency in remuneration. gender equality with a particular focus on working conditions and labour 17

Introduction

The complexities of global labour

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