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1. Freedom of Association as a Key Aspect of Human Capital Management

Author:
Lenore Palladino
Publication Date:
01-2024
Content Type:
Working Paper
Institution:
Political Economy Research Institute (PERI), University of Massachusetts Amherst
Abstract:
Employee freedom of association— the right of workers to form and join organizations of their own choosing— is a fundamental human right that has been consistently disrespected by large U.S. employers (Economic Policy Institute 2019; International Labour Organization 2022). Freedom of association requires employers to refrain from discouraging employees’ right to organize but is routinely violated without meaningful penalty. In over forty percent of union election campaigns, employers face charges for violating employees’ right to organize—which does not include cases where no charges are filed (Economic Policy Institute 2019). The recent wave of well-known companies like Amazon and Starbucks blatantly engaging in practices to discourage their workers from forming unions has seen new challenges from the Biden National Labor Relations Board, but labor law in the United States does not adequately protect the right to freedom of association, and a change in political leadership could give companies carte blanche to override workers' rights (Clean Slate 2022). Companies can choose to establish corporate policies to respect employee freedom of association rights and can engage in behavior demonstrating their commitment to respecting this fundamental human right as part of their approach to Human Capital Management. This article focuses on two aspects of freedom of association as an aspect of Human Capital Management. The first is to examine what kinds of corporate policies exist to clarify corporate standards of conduct when employees are engaged in organizing activity. What kinds of policies focus on compliance with the minimal standards in U.S. labor law, and what policies comply with international norms as enshrined in ILO Conventions 87 and 98? The second prong of the article looks at negative ramifications for corporate value when companies do not respect workers' freedom of association and such behavior becomes public. What is the effect on customer attitudes, how is management behavior becoming increasingly visible, and what ramifications might this have for institutional investors?
Topic:
Political Economy, Employment, Human Capital, Labor Rights, Business Management, and Freedom of Association
Political Geography:
North America and United States of America

2. Amid Inflation, Costa Rica Workers Face Longer Workdays and Cuts to Overtime

Author:
Isabel Villalon
Publication Date:
05-2023
Content Type:
Commentary and Analysis
Institution:
The North American Congress on Latin America (NACLA)
Abstract:
After years of neoliberal entrenchment, a proposed law is poised to erode longstanding labor rights in the private sector, making the working-class more precarious.
Topic:
Law, Neoliberalism, Private Sector, Labor Rights, Labor Unions, and Working Class
Political Geography:
Latin America, Central America, and Costa Rica

3. Local Voices, Global Action: Transnational Organizing in Apparel Supply Chains

Author:
Judy Gearhart
Publication Date:
03-2023
Content Type:
Working Paper
Institution:
Accountability Research Center (ARC), American University
Abstract:
This working paper discusses transnational organizing in apparel supply chains. It learns from labor rights advocates in the global South who are building social movements, advocating for national reforms, and promoting new forms of accountability in the apparel industry. In particular, the paper examines how the Bangladesh Center for Worker Solidarity (BCWS) and Cambodia’s Center for Alliance of Labor and Human Rights (CENTRAL) have each played a critical role in advancing new agreements and monitoring their implementation. They have increasingly influenced and become leaders in the Clean Clothes Campaign Network. Based on multiple interviews with CENTRAL’s Tola Moeun and BCWS’s Kalpona Akter, the paper traces how they have worked with international allies to expose flaws in supply chain monitoring in the apparel industry. It discusses how they worked with independent trade unions to build grassroots campaigns that often preceded or inspired international campaigns. At the same time as Moeun and Akter came under threat for their national advocacy, they engaged international allies and became experts on trade policy and global supply chains. They are now not only leading proponents of enforceable, multiparty agreements between multinational corporations (MNCs) and independent trade unions, but also advocates for more effective mandatory human rights due diligence laws (MHRDD). Balancing this international advocacy with organizing for national policy reforms is a strategy made all the more necessary by the context of shrinking civic space in Bangladesh and Cambodia. Many companies are seeking to strengthen their human rights due diligence in supplier countries and to engage stakeholders in that process. At this time, the perspectives and experience of BCWS and CENTRAL help identify what is needed to advance more worker-centered approaches. Three sets of lessons emerge about what is needed to sustain transnational supply chain advocacy movements. Firstly, movement-building and trust are vital ingredients in effective supply chain advocacy. Secondly, it is important for human rights due diligence processes to take into account risks to worker rights. Thirdly, strengthening worker voice in global supply chains requires more effective scrutiny and regulation of MNCs.
Topic:
Reform, Accountability, Industry, Labor Rights, and Supply Chains
Political Geography:
Global Focus

4. İşverenlerin Engelli, Eski Hükümlü ve Terör Mağduru İstihdam Etme Yükümlülüğü

Author:
Melike Yaman
Publication Date:
07-2023
Content Type:
Journal Article
Journal:
AURUM Journal of Social Sciences
Institution:
Altinbas University
Abstract:
Hukukumuzda temel dayanağını Anayasa’nın 48. maddesinden alan sözleşme serbestisi ilkesi; 6098 sayılı Türk Borçlar Kanunu hükümleri uyarınca da koruma altına alınmış ve İş Hukuku alanında da uygulanan genel bir ilkedir. Söz konusu ilkenin bir gereği de sözleşme tarafını seçebilme serbestisidir. Ancak iş hukukunda sözleşme serbestisi ilkesine sosyal düşünceler ve işçiyi koruma düşüncesinin sonucu olarak birtakım sınırlamalar getirilmiştir. Bu sınırlamalardan birisi de belli niteliklere sahip işverenlerin engelli, eski hükümlü ve terör mağduru istihdam etme yükümlülüğü yüklenmesidir. İşverenler, elli veya daha fazla işçi çalıştırdıkları özel sektör işyerlerinde yüzde üç engelli, kamu işyerlerinde ise yüzde dört engelli ve yüzde iki eski hükümlü isçiyi veya terör mağdurunu çalıştırmakla yükümlüdürler. İlgili yükümlülük temel olarak 4857 sayılı İş Kanunu’nun 30. maddesinde öngörülmektedir. Bunun yanı sıra, 854 sayılı Kanun’da da bir düzenleme yer almaktadır. Ayrıca Yurtiçinde İşe Yerleştirme Hizmetleri Hakkında Yönetmelik, Kamu Kurum ve Kuruluşlarına Eski Hükümlü veya Terörle Mücadelede Malul Sayılmayacak Şekilde Yaralananların İşçi Olarak Alınmasında Uygulanacak Usul ve Esaslar Hakkında Yönetmelik ile Erişkinler İçin Engellilik Değerlendirilmesi Hakkında Yönetmelik’te de konuya dair incelenmesi gereken hükümler bulunmaktadır. Dolayısıyla işverenlerin engelli, eski hükümlü ve terör mağduru istihdam etme yükümlülüğü kapsamında ele alınması gereken düzenlemelerin mevzuatta dağınık bir şekilde yer aldığı söylenebilir. Bu çalışmanın amacı ilgili yükümlülüğün kapsamının, uygulanmasının ve sonuçlarının ortaya konulmasıdır. Söz konusu amaç doğrultusunda çalışma kapsamında, doktrindeki görüşler ve Yargıtay kararlarından da yararlanılarak bahsi geçen birincil ve ikincil mevzuat incelenmiş ve engelli, eski hükümlü, terör mağduru, özel sektör, kamu sektörü kavramları, bu yükümlülük kapsamında çalışacak işçilerin yerine getirmesi gereken koşullar, çalıştırılacak işçi sayısının tespitinde ve işçilerin belirlenmesinde başvurulan kurallar, bu yükümlülüğün uygulanmasına ilişkin temel esaslar ile ilgili yükümlülüğün denetimi, ihlali ve bu ihlale bağlı sonuçlar açıklığa kavuşturulmuştur.
Topic:
Terrorism, Employment, Disability, and Labor Rights
Political Geography:
Turkey and Middle East

5. Building Worker Power in Global Supply Chains: Lessons from Apparel, Cocoa, and Seafood

Author:
Judy Gearhart
Publication Date:
09-2023
Content Type:
Working Paper
Institution:
Accountability Research Center (ARC), American University
Abstract:
This working paper is about the campaigners and worker organizers in the global South and North who have challenged the persistent lack of government and corporate accountability for workers’ rights in the apparel, cocoa, and seafood industries. The transnational coalitions that have formed across these and other industries have driven significant innovations in global supply chain governance and reshaped international trade and development policies. This paper documents and draws lessons from the transnational organizing that has enabled these groups to sustain coalitions over many years, evolve their strategies and tactics for challenging power holders, and strengthen the influence of national global South organizers.
Topic:
Development, International Trade and Finance, Governance, Cocoa, Labor Rights, Supply Chains, Textile Industry, and Seafood
Political Geography:
Global South and Global North

6. The Inequality Crisis in East Africa: Fighting austerity and the pandemic

Author:
Anthony Kamande and Matthew Martin
Publication Date:
02-2022
Content Type:
Research Paper
Institution:
Oxfam Publishing
Abstract:
The COVID-19 pandemic has pushed millions into poverty in East Africa, and worsened inequality. The economic crisis continues, due to the obscene global vaccine inequality, which means that only 4% of East African citizens had been fully vaccinated against COVID-19, compared with 71% in high-income countries by mid-January2022. Many East African governments were already hamstrung by high debt and budget deficits before the pandemic, preventing them from responding with large recovery programmes. Other governments did increase spending, but five are now forecasting major budget cuts for 2022–26. These cuts will stop them combating the increases in poverty and inequality that have resulted from COVID-19. However, building back during and after the pandemic offers East African governments a once-in-a-generation opportunity to do what their citizens want: make their economic systems fairer by increasing taxes on wealthy and large corporations, boost public spending (especially on healthcare, education and social protection), and improving workers’ rights. With external support, including through comprehensive debt relief and more aid, they can reduce inequality drastically and eliminate extreme poverty by 2030.
Topic:
Inequality, Pandemic, COVID-19, and Labor Rights
Political Geography:
Africa and East Africa

7. An Independent Union Wins Landslide Victory Among MexicanGM Workers

Author:
Dan DiMaggio and Luis Feliz Leon
Publication Date:
02-2022
Content Type:
Commentary and Analysis
Institution:
The North American Congress on Latin America (NACLA)
Abstract:
The vote by auto workers in Guanajuato to replace the previous employee-friendly union with the National Auto Workers Union in early February is a breakthrough for labor rights.
Topic:
Labor Issues, Industry, Labor Rights, Workforce, and Labor Unions
Political Geography:
North America and Mexico

8. Not in This Together: How supermarkets became pandemic winners while women workers are losing out

Author:
Anouk Franck and Art Prapha
Publication Date:
06-2021
Content Type:
Policy Brief
Institution:
Oxfam Publishing
Abstract:
Inequality is worsening and exploitation of women is endemic across the global economy. While inequality of power and value was already deeply unfair before the pandemic, it has now reached shocking proportions. COVID-19 has cost global workers $3.7 trillion in lost income, and women and young workers have been hardest hit, as they are often found in the most insecure and lowest-paid jobs. Few places reveal this trend more clearly than supermarket supply chains. In stark contrast to the escalating human misery brought by the pandemic, the supermarket sector has largely been the standout winner of the crisis. Senior executives, the largest institutional investors, and mostly wealthy shareholders of global supermarkets continue to be rewarded with business-as-usual high compensation and dividends. In fact, during the pandemic, publicly listed supermarkets distributed 98% of net profits to their shareholders via dividends and share buybacks. Meanwhile, workers and producers, especially women, across the globe – the people we call ‘essential’ or ‘frontline’ workers – have seen their incomes stagnate or even fall, while their rights continue to be violated.
Topic:
Inequality, Pandemic, COVID-19, Labor Rights, and Gender
Political Geography:
Global Focus

9. Global Health Security – COVID-19 and School Closures: Why Education Sector Needs Protecting

Author:
Tamara Nair
Publication Date:
04-2020
Content Type:
Commentary and Analysis
Institution:
Centre for Non-Traditional Security Studies, S. Rajaratnam School of International Studies
Abstract:
Around 90 percent of the world’s students are currently out of school as a result of the global pandemic. How prepared are we to face the fallout of having schools closed for this long?
Topic:
Education, COVID-19, Health Crisis, and Labor Rights
Political Geography:
Global Focus

10. Ordinary Shareholders' Rights Protection in Botswana

Author:
Ratang Sedimo and Kelesego Mmolainyane
Publication Date:
03-2020
Content Type:
Working Paper
Institution:
Botswana Institute for Development Policy Analysis
Abstract:
This study seeks to examine institutional frameworks that exist in Botswana to protect the rights of ordinary shareholders. There is no literature on the subject matter in the context of Botswana; hence this study attempts to fill in the literature gap. The study uses a variety of data collection methods, such as semi-structured interviews, the Choppies case study and lessons learnt from other jurisdictions. Findings reveal that ordinary shareholders’ rights protection involves the use of institutional frameworks. In Botswana, existing frameworks are not adequate to protect ordinary shareholders’ rights. Furthermore, the study shows that ordinary shareholders in Botswana are mainly exposed to risks of losing their investments, partially or entirely, in case of non-compliance to regulatory requirements as shown by the reduction in Choppies’ stock price from P1.20 to P0.40 between years 2012 and 2018. The study suggests that the existing institutional frameworks should be reviewed to ensure adequate protection of ordinary shareholders’ rights.
Topic:
Security, Economics, Human Rights, Investment, Macroeconomics, Land Rights, and Labor Rights
Political Geography:
Africa and Botswana