scholarly journals Corporate codes of conduct: Are three generations sufficient to ensure the effective enforcement of labour rights?

2018 ◽  
Vol 2 (2) ◽  
pp. 106-118
Author(s):  
Aneta Tyc
Keyword(s):  
Multinational Corporations ◽  
Multinational Enterprises ◽  
Self Regulation ◽  
Codes Of Conduct ◽  
Code Of Conduct ◽  
Corporate Code ◽  
Three Generations ◽  
Labour Rights ◽  
Corporate Codes Of Conduct ◽  
Illegal Activities

In the 1970s, the number of reports concerning unethical or illegal activities of multinational corporations increased and led to discussions within international organisations. In 1976, the OECD was first to adopt its Guidelines for Multinational Enterprises. The ILO adopted its Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy in 1977, and UN issued the Global Compact in 2000. Subsequently, many codes of conduct have been established to provide a stable framework in which MNEs conduct their business. The purpose of this paper is to assess, through the prism of three generations of codes, if self-regulation is sufficient to ensure the effective enforcement of labour rights. I fill the gap in existing research by providing a comprehensive explanation for the shortcomings of this instrument. Research indicates that there is a lack of involvement of social partners in the decision-making process leading to the adoption of codes of conduct. Once adopted, they impose lower standards than the public regulatory frameworks. They are more selective in their choice of labour rights. There are also many difficulties in implementing, monitoring and enforcing a corporate code of conduct. These tools mainly address marketing aims and respond to the unfavourable publicity produced by the media about the inconsistency of certain corporate policies with international labour standards. I conclude by discussing how codes of conduct could be transformed to more eƒectively address workers’ rights.

The Influence of Collegiate and Corporate Codes of Conduct on Ethics-Related Behavior in the Workplace

1996 ◽  
Vol 6 (4) ◽  
pp. 461-476 ◽  
Author(s):  
Donald L. McCabe ◽  
Linda Klebe Trevino ◽  
Kenneth D. Butterfield
Keyword(s):  
Unethical Behavior ◽  
Codes Of Conduct ◽  
Code Of Conduct ◽  
Empirical Support ◽  
Corporate Ethics ◽  
Honor Code ◽  
Long Term Effects ◽  
Corporate Code ◽  
Corporate Codes Of Conduct

AbstractCodes of conduct are viewed here as a community's attempt to communicate its expectations and standards of ethical behavior. Many organizations are implementing codes, but empirical support for the relationship between such codes and employee conduct is lacking. We investigated the long term effects of a collegiate honor code experience as well as the effects of corporate ethics codes on unethical behavior in the workplace by surveying alumni from an honor code and a non-honor code college who now work in business. We found that self-reported unethical behavior was lower for respondents who work in an organization with a corporate code of conduct and was inversely associated with corporate code implementation strength and embeddedness. Self-reported unethical behavior was also influenced by the interaction of a collegiate honor code experience and corporate code implementation strength.

The role of translation in the cross-cultural transferability of corporate codes of conduct

2017 ◽  
Vol 17 (1) ◽  
pp. 137-149 ◽  
Author(s):  
Geneviève Tréguer-Felten
Keyword(s):  
Cultural Context ◽  
Negative Impact ◽  
Mother Tongue ◽  
Codes Of Conduct ◽  
Empirical Work ◽  
Code Of Conduct ◽  
Interdisciplinary Approach ◽  
Cross Cultural ◽  
Corporate Code ◽  
Corporate Codes Of Conduct

Multinationals’ corporate codes of conduct are meant to guide employees throughout organizations. Research draws attention to their problematic cross-cultural transferability but hardly ever considers whether a monolingual version or a translation into employees’ mother tongue is used, making language a non-issue. A position disproved by empirical work on the diverse understandings of values formulated in English as a lingua franca or on translation negative impact when employees do not recognize themselves in the personnel depicted. Drawing upon the translation (from English into French) of a specific code of conduct that embeds it in the local culture, I contend that translation is the key to corporate code cross-cultural transferability. Articulating a cross-cultural discourse analysis (using semantic, syntactic and enunciative categories) of the source and target texts with a culture interpretive approach (d’Iribarne, 1989, La Logique de l’Honneur. Paris: Seuil.), I ‘deconstruct’ the translation process and show how the combination of apparently insignificant linguistic modifications – that is, collective staff designations replacing individual ones or vice versa; moral qualities turned into social or professional merits; and so on – make the target-text steer away from the initial cultural context and set action in a new cultural setting likely to entail a similar effect on the staff. The cultural underpinnings of the translated code find confirmation in local organizations’ corporate codes of conduct as well as in literature on the targeted country. The findings also highlight the fact that the transposition of the corporate code core notions brings about different manners of putting them into practice. Applying such an interdisciplinary approach to explore either locally produced or translated corporate codes of conduct could highlight the beliefs and business norms acceptable here and there and help practitioners to successfully perform the advocated cross-cultural transfer of corporate codes of conduct.

Ethical Considerations for Healthcare Organizations

2020 ◽  
Vol 41 (03) ◽  
pp. 266-278
Author(s):  
Paul R. Rao
Keyword(s):  
Cultural Competence ◽  
Conflict Of Interest ◽  
Ethical Issues ◽  
Code Of Ethics ◽  
Codes Of Conduct ◽  
Code Of Conduct ◽  
Codes Of Ethics ◽  
Healthcare Organizations ◽  
Corporate Code ◽  
Unethical Conduct

AbstractEthical misbehavior in the delivery of healthcare creates harm not only to individual therapists and administrators who might choose to overstep ethical boundaries but also, more broadly, causes harm to patients, to healthcare organizations, to professional organizations, and ultimately to society. Both corporate codes of conduct and professional codes of ethics are important, because they set standards of conduct and penalize noncompliant or unethical conduct. The purposes of this article are (1) to differentiate corporate compliance from ethics in a healthcare organization; (2) to explain the application of ethics principles to organizational and professional behaviors; (3) to discuss three important ethical issues (cultural competence, conflict of interest, and employer demands); and (4) to emphasize that, whether applying a corporate code of conduct or a professional code of ethics (or both), the integrity of each individual is essential to ethical behavior. To illustrate these concepts, ASHA's Code of Ethics is discussed in detail (including the ethics complaint adjudication process), and hypothetical case studies are presented under the macro headings of Cultural Competence, Conflict of Interest, and Employer Demands.

scholarly journals International Framework Agreements: global industrial relations between rights and bargaining

2005 ◽  
Vol 11 (4) ◽  
pp. 511-530 ◽  
Author(s):  
Nikolaus Hammer
Keyword(s):  
Supply Chains ◽  
Multinational Corporations ◽  
Trade Union ◽  
Industrial Relations ◽  
Codes Of Conduct ◽  
Global Supply Chains ◽  
Works Councils ◽  
Labour Rights ◽  
Key Issues ◽  
Global World

This paper examines the emergence and the main features of International Framework Agreements (IFAs). IFAs originated in the 1980s and proliferated after 2000. They aim to secure core labour rights across multinational corporations' global supply chains. Global Union Federations, as well as other global (World Company and Works Councils), regional (European Works Councils or European Industry Federations) and national trade union structures, are parties to IFAs. Based on various features of international trade union activity, such as World Company Councils, codes of conduct, the trade and labour rights campaign or international social dialogue, IFAs constitute an important and innovative tool of international industrial relations. An analysis of the substantive and procedural provisions of IFAs leads to an analytical distinction between ‘rights' agreements and ‘bargaining’ agreements. The article assesses the substantive and procedural aspects of the 38 IFAs concluded before June 2005. Finally, key issues such as the scope of agreements, trade union capacity, and global supply chains are discussed in the context of international labour's campaigning, organising and negotiation activities.

Corporate Codes of Conduct and the Success of Globalization

2002 ◽  
Vol 16 (1) ◽  
pp. 89-106 ◽  
Author(s):  
S. Prakash Sethi
Keyword(s):  
Multinational Corporations ◽  
Free Trade ◽  
Codes Of Conduct ◽  
Adverse Conditions ◽  
Current State ◽  
Corporate Codes Of Conduct ◽  
Protection Of Human Rights ◽  
Overseas Operations ◽  
Efficiency And Productivity

This article focuses on the expanding role of multinational corporations (MNCs) in developing countries, within the context of globalization and free trade. It demonstrates that the current state of globalization does not conform to the conventional notion of free trade. Therefore, given the prevailing circumstances, MNCs have an unfair advantage in expropriating a greater share of gains from efficiency and productivity from international trade than would be possible if labor had greater mobility or more equitable bargaining power.The article presents evidence that the arguments advanced by MNCs in defense of their position are factually incorrect and logically flawed. Next, the article examines the efforts made by MNCs to ameliorate some of the adverse conditions arising from their overseas manufacturing and sourcing operations. The findings show that most of these efforts are more rhetorical than substantive.Finally, it outlines a framework that allows multinationals to undertake meaningful actions that would both minimize the adverse consequences of, and enhance the positive benefits emanating from their overseas operations. These actions must be independently verifiable and transparent if MNCs are to gain credibility and public trust.A failure to undertake meaningful reforms will retard or even reverse the process of globalization, thus depriving all concerned of globalization's attendant benefits. Even more ominously, such a failure would seriously undermine democratic values and erode the very foundations of political and economic freedom in large parts of the world that sustain private enterprise, property rights, respect for individual freedom, and protection of human rights.

scholarly journals Corporate Social Responsibility in Developing Country Multinationals: Identifying Company and Country-Level Influences

2016 ◽  
Vol 26 (3) ◽  
pp. 347-378 ◽  
Author(s):  
Lutz Preuss ◽  
Ralf Barkemeyer ◽  
Ante Glavas
Keyword(s):  
Corporate Social Responsibility ◽  
Social Responsibility ◽  
Developing Country ◽  
Multinational Enterprises ◽  
Codes Of Conduct ◽  
Code Of Conduct ◽  
Developed Countries ◽  
Country Level ◽  
National Differences ◽  
Corporate Social

ABSTRACT:The extant literature on cross-national differences in approaches to corporate social responsibility (CSR) has mostly focused on developed countries. Instead, we offer two inter-related studies into corporate codes of conduct issued by developing country multinational enterprises (DMNEs). First, we analyse code adoption rates and code content through a mixed methods design. Second, we use multilevel analyses to examine country-level drivers of differences in code content—specifically, elements of a country’s National Business System (NBS). We find that DMNEs are much more likely to adopt a code of conduct than their domestic counterparts; however, this does not translate into greater code comprehensiveness. We also find support for the ‘substitute view’ of CSR in developing countries, i.e. that MNEs from poorer countries and from countries with lower governance effectiveness tend to express more comprehensive commitments. However, this dynamic does not extend to a country’s labour system; instead, CSR appears here to match the efficiency of a country’s labour market, thus reflecting the ‘mirror view’ of CSR.

scholarly journals Trust and professionalism in science: medical codes as a model for scientific negligence?

2021 ◽  
Vol 22 (1) ◽  
Author(s):  
Hugh Desmond ◽  
Kris Dierickx
Keyword(s):  
Comparative Analysis ◽  
Scientific Community ◽  
Textual Analysis ◽  
Self Regulation ◽  
Codes Of Conduct ◽  
Code Of Conduct ◽  
Oecd Countries ◽  
Medical Community ◽  
Professional Communities ◽  
Selection Of

Abstract Background Professional communities such as the medical community are acutely concerned with negligence: the category of misconduct where a professional does not live up to the standards expected of a professional of similar qualifications. Since science is currently strengthening its structures of self-regulation in parallel to the professions, this raises the question to what extent the scientific community is concerned with negligence, and if not, whether it should be. By means of comparative analysis of medical and scientific codes of conduct, we aim to highlight the role (or lack thereof) of negligence provisions in codes of conduct for scientists, and to discuss the normative consequences for future codes of conduct. Methods We collected scientific and medical codes of conduct in a selection of OECD countries, and submitted each code of conduct to comparative textual analysis. Results Negligence is invariably listed as an infraction of the norms of integrity in medical codes of conduct, but only rarely so in the scientific codes. When the latter list negligence, they typically do not provide any detail on the meaning of ‘negligence’. Discussion Unlike codes of conduct for professionals, current codes of conduct for scientists are largely silent on the issue of negligence, or explicitly exclude negligence as a type of misconduct. In the few cases where negligence is stipulated to constitute misconduct, no responsibilities are identified that would help prevent negligence. While we caution against unreasonable negligence provisions as well as disproportionate sanctioning systems, we do argue that negligence provisions are crucial for justified trust in the scientific community, and hence that there is a very strong rationale for including negligence provisions in codes of conduct.

scholarly journals Extended Jurisdiction through Foreign Policy, Soft Law, and Self-Regulation

2019 ◽  
pp. 199-232
Author(s):  
Charlotte E. Blattner
Keyword(s):  
Foreign Policy ◽  
Multinational Enterprises ◽  
Self Regulation ◽  
Codes Of Conduct ◽  
Export Credit ◽  
Control Structures ◽  
Extraterritorial Jurisdiction ◽  
Corporate Social ◽  
Private Actors ◽  
And Control

This chapter focuses on whether states can use extended forms of extraterritorial jurisdiction to protect animals abroad, including foreign policy rules, investment agreements, jurisdiction assigned to international bodies, and self-regulation by private actors. These subtler forms of extraterritorial regulation are fully established and widely used in human rights law. When applied to animal law, they yield substantial benefits for states that want to protect animals abroad by reaching beyond traditional command-and-control structures and tapping the expertise of non-state actors. The focus of this chapter is on investment rules, export credit standards, bilateral investment treaties, bilateral free trade agreements, impact assessments, reporting, corporate social responsibility, codes of conduct, and the Guidelines on Multinational Enterprises, issued by the Organization for Economic Co-operation and Development (OECD).

scholarly journals Trust and Professionalism in Science: Medical Codes as a Model for Scientific Negligence?

2020 ◽  
Author(s):  
Hugh Desmond ◽  
Kris Dierickx
Keyword(s):  
Comparative Analysis ◽  
Scientific Community ◽  
Textual Analysis ◽  
Self Regulation ◽  
Codes Of Conduct ◽  
Code Of Conduct ◽  
Oecd Countries ◽  
Medical Community ◽  
Professional Communities ◽  
Selection Of

Abstract Background: Professional communities such as the medical community are acutely concerned with negligence: the category of misconduct where a professional does not live up to the standards expected of a professional of similar qualifications. Since science is currently strengthening its structures of self-regulation in parallel to the professions, this raises the question to what extent the scientific community is concerned with negligence, and if not, whether it should be. By means of comparative analysis of medical and scientific codes of conduct, we aim to highlight the role (or lack thereof) of negligence provisions in codes of conduct for scientists, and to discuss the normative consequences for future codes of conduct.Methods: We collected scientific and medical codes of conduct in a selection of OECD countries, and submitted each code of conduct to comparative textual analysis.Results: Negligence is invariably listed as an infraction of the norms of integrity in medical codes of conduct, but only rarely so in the scientific codes. When the latter list negligence, they typically do not provide any detail on the meaning of ‘negligence’.Discussion: Unlike codes of conduct for professionals, current codes of conduct for scientists are largely silent on the issue of negligence, or explicitly exclude negligence as a type of misconduct. In the few cases where negligence is stipulated to constitute misconduct, no responsibilities are identified that would help prevent negligence. While we caution against unreasonable negligence provisions as well as disproportional sanctioning systems, we do argue that negligence provisions are crucial for justified trust in the scientific community, and hence that there is a very strong rationale for including negligence provisions in codes of conduct.

scholarly journals Pursuing International Labour Rights in U.S. Courts

2003 ◽  
Vol 57 (1) ◽  
pp. 48-76 ◽  
Author(s):  
Lance Compa
Keyword(s):  
Global Economy ◽  
Effective Means ◽  
Codes Of Conduct ◽  
State Courts ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Strategic Choices ◽  
Labour Rights ◽  
Corporate Codes Of Conduct ◽  
The Right

Summary Filing lawsuits in U.S. federal and state courts for workers’ rights violations suffered by workers employed by American corporations abroad is one of several strategies for promoting labour rights. Other strategies include use of labour rights mechanisms in GSP laws, in regional trade agreements like NAFTA and Mercosur, in corporate codes of conduct, in the ILO and other venues. To succeed, such suits must first overcome the strong presumption against extraterritorial effect of U.S. law. Other jurisdictional hurdles like “inconvenient forum” also require caution in bringing suits. However, several cases using common law tort and contract theories as well as international human rights law have recovered substantial actual and punitive damages for workers of U.S. multinational companies in several developing countries. With the right strategic choices, labour rights litigation can be an effective means of advancing workers’ rights in the global economy.

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