Foreign ownership and centralized collective bargaining: Direct and indirect influences

Using firm-level data from Germany, this study examines the link between foreign ownership and the coverage by centralized (multi-employer) bargaining agreements. Conforming to theoretical considerations, the empirical analysis shows that it is important to distinguish between a direct and an indirect influence of foreign ownership on centralized collective bargaining. The direct influence of foreign ownership lowers the probability that a firm is covered by a centralized agreement. The indirect influence works through the unionization of the workforce. If the size of the firm does not exceed a critical level, the indirect influence counteracts the direct influence. Foreign ownership leads to a higher share of union members which, in turn, has a positive influence on the coverage by a centralized agreement. However, in very large firms the indirect influence appears to be negative. Foreign ownership is associated with a lower share of union members.

Talking about non-union collective agreements: A union perspective

In a recent contribution in this journal, Mark Bray, Shae McCrystal and Leslee Spiess posed the question, ‘Why doesn't anyone talk about non-union collective agreements?’ Surveying business, government and union perspectives, the authors identified the need for greater attention and research to understand their effect on contemporary Australian industrial relations. This article serves as a response to this concern. Two case studies illustrate how non-union agreements work in practice under the Fair Work Act 2009. We outline further examples of how unions have been talking about non-union agreements through a legal and policy strategy rather than public advocacy. Assessing employer motivations for pursuing non-union agreements, as well as bargaining outcomes for workers, we conclude that there is an urgent need for reform.

From production to reproduction: Pension strikes and changing characteristics of workers’ collective action in China

Workers in the global South are becoming increasingly sensitive to their pension rights. In recent years, rural migrant workers in China have staged a series of protests to fight for pension protection. Drawing from two in-depth case studies conducted in the Pearl River Delta, we explain why workers staged pension strikes, what these protests looked like, how the employers and the government responded, and how these protests differed from previous strikes. Building upon insights from the sociology of collective action and labour process theory, we formulate a new framework for examining labour protests. In addition to seeing workers’ collective action as defensive or offensive, this framework helps us interpret these actions in relation to the spheres of production and reproduction. It classifies pension strikes in China as defensive actions located in the sphere of reproduction, which are distinct from previous strikes that were either defensive or offensive actions situated in the sphere of production. This synthesised framework assists us in theorising that workers’ protest activities, especially in the global South, are not restricted to the traditional production sphere but can also be found in the reproduction sphere.

Outsourcing the enforcement of modern slavery: Overcoming the limitations of a market-based disclosure model

Recent legislative efforts to address modern slavery emphasise corporate disclosure as the primary regulatory tool. New modern slavery disclosure laws harden the expectation that business will conduct itself responsibly; however, they are founded on a soft approach to enforcement which is essentially outsourced to the market. This paper questions the effectiveness of this disclosure-based enforcement mechanism, which primarily relies on a narrowly defined concept of ‘the market’ as the basis for its regulatory strategy. Drawing on comparisons with alternative legislative enforcement frameworks to counter foreign bribery and illegal logging, this paper highlights the opportunities and limitations of reliance on market forces for regulation and suggests a path forward for enhancing the modern slavery enforcement approach.

Will Business and Human Rights regulation help Rajasthan's bonded labourers who mine sandstone?

Some of the worst human rights conditions globally are found in Rajasthan’s sandstone quarries. This paper asks if state-based regulation in the economic-North advanced under the Business and Human Rights agenda: disclosure-based regimes, due diligence compliance regimes and trade-based regimes, could advance efforts to improve respect for human rights in this sector. It adopts fields of struggle lens and global value chain theoretical approaches to business power and governance to understand the challenging political and economic dynamics that entrench harm within sandstone quarrying in Rajasthan. This analysis suggests that company-based disclosure and due diligence regimes will struggle to ameliorate these dynamics whilst trade-based approaches hold some potential to generate meaningful change.

Revisiting voluntarism: Private voluntary regulation by Employer Forums in the United Kingdom

The abstract contributes to the literature by identifying a new form of voluntarism, the employer-led voluntarism of Employer Forums in the United Kingdom. Forums carry out private voluntary regulation to raise labour and social standards within their member firms through introducing codes of conducts and implementing norms through assessments, benchmarking, and certification. The article compares this new form with the traditional approach where unions and employer associations regulate jointly through collective bargaining. While the scope, scale, and impact of new and traditional voluntarism diverge, both are underpinned by the regulation of Employment Relations by non-state actors. Voluntarism is not in secular decline, but instead continues through the emergence of new employer-led forms.