Asian Transnational Corporations and Labor Rights: Vietnamese Trade Unions in Taiwan-invested Companies

According to the reports in the past decade, some Asian subcontractors, mainly Taiwan, Hong Kong and Korea transnational corporations, tend to be labor abusive in their overseas investment destinations like China or Southeast Asia. Taking Vietnam as an example, this paper raises questions as to why Taiwanese transnational companies can control workplace unions in a trade-union-supportive regime. Given the government s constraint of political rights, and the individualized workplace unions, the function of trade unions in Vietnam is destined to be limited. The trade unions turn out be an arm of management, rather than representing workers interests in these transnational companies. This article also explores the influence of the newly developed codes of conducts from Western buyers. In the survey of three companies which are required to follow the codes of conduct by buyers, trade unions had no more freedom than those in companies without codes of conduct. The paper discusses the implications of this research, offering strategies for labor rights improvements.Hong-zen Wang is the director of the Graduate Institute of Southeast Asian Studies at the National Chi Nan University, Taiwan. A sociologist, he has written widely on Asian labor and class issues. The most recent article The Impact of the State on Workers Conditions–Comparing Taiwanese Factories in China and Vietnam will be published in Pacific Affairs. His current research interests include industrial relations in Taiwan-owned or partially owned factories in Vietnam and the impact of global anti-sweatshop movement on the third world factories.     

A paradigm for design,promulgation and enforcement of ethical codes

The paper explores the promise of ethical codes as a means to control unethical behavior in business. After a review of arguments for ethical codes from outside the business system, the paper outlines the arguments for codes from inside the business system at the level of the industry, firm and individual executive.The paper then discusses the problems of code design — the dilemma between specific practices and general precepts — and offers a model for a thoroughgoing code. This is followed by a discussion of the problems of promulgation and code enforcement.In conclusion, the paper summarizes the limitations of ethical codes and the arguments which have been made against them. Earl A. Molander is Associate Professor of Management at Portland State University. He is the author of Responsive Capitalism,and co-author of Is the Ethics of Business Changing, which appeared in Harvard Business Review.     

Are Ethical Codes of Conduct Toothless Tigers for Dealing with Employment Discrimination?

This study examined the influence of two organizational context variables, codes of conduct and supervisor advice, on personnel decisions in an experimental simulation. Specifically, we studied personnel evaluations and decisions in a situation where codes of conduct conflict with supervisor advice. Past studies showed that supervisors’ advice to prefer ingroup over outgroup candidates leads to discriminatory personnel selection decisions. We extended this line of research by studying how codes of conduct and code enforcement may reduce this form of discrimination. Eighty German managers evaluated and selected candidates from an applicant pool including Germans (ingroup members) and foreigners (outgroup members). Supervisor advice to prefer ingroup members lowered suitability ratings of outgroup members as well as their chances to be selected for an interview. Ethical codes of conduct referring to equal opportunities limited this form of discrimination, but only when codes were enforced by sanctions and integrated into organizational every-day practice. The implications of these findings for research and practice are discussed.

Codes of ethics — towards a rule-utilitarian justification

This paper attempts to provide a conceptual underpinning for codes of ethics in business and the professions. Rule-utilitarianism is a theory of ethics which I believe can successfully do this. Business persons and professionals, hopefully, will be able to develop codes of ethics in a manner consistent with a well-formulated general ethical theory. This will help enable codes of ethics to be a bridge between general ethical theory and specific ethical decisions made in business and the professions. William C. Starr is Assistant Professor of Philosophy at Marquette University. His most important publication is: Legal Positivism, Dworkin, and International Law.     

Suppliers’ Compliance with MNCs’ Codes of Conduct: Behind the Scenes at Chinese Toy Suppliers

Despite increased academic and practitioner interest in codes of conduct, there has been little research into the actual compliance of suppliers in developing countries with the codes of conduct of multinational corporations (MNCs). This paper addresses this lack by analysing Chinese suppliers’ level of compliance with Swedish toy retailers’ codes of conduct. Based on unannounced and unofficial interviews with employees of Chinese suppliers, the study shows that all of the nine studied suppliers breached some of the standards in the toy retailers’ codes, with over two-thirds of the suppliers not complying with the majority of the studied standards. While there are different explanations of this lack of compliance, the main explanation seems to be that Chinese suppliers successfully deceive toy retailers’ monitoring organisations by decoupling the formal monitored part of their organisation from the actual operational part of their organisation. The paper concludes with a discussion of how to increase compliance with MNCs’ codes of conduct. Niklas Egels-Zandén is a PhD student at the School of Business, Economics and Law, Goteborg University, Sweden. His areas of research are international business and corporate social responsibility, especially in relation to multinational corporations in developing countries. He has previously published in Journal of Business Ethics, Business Strategy and the Environment, and Journal of Corporate Citizenship.     

The real estate code of ethics: Viable or vaporous?

Several recent articles in the field of ethics and business have raised questions concerning the viability of professional ethical codes. Are such codes serious, effective tools for promoting and enforcing an ethical standard of behavior? Or do the codes more closely resemble clever, elaborate public-relation ploys? The purpose of this paper is to analyze the content, role and efficacy of one such ethical code, namely, The Code of Ethics of the National Association of Realtors. The paper examines the ethical principles embodied, implicitly or explicitly, in this Code; it tests these principles for coherence, comprehensiveness, clarity and enforce-ability. Furthermore, it seeks to determine whether this Code articulates standards of ethical conduct that are higher than those already required by law and whether the Code successfully translates a general ethical vision down to concrete, everyday real estate practice.     

Evaluating Strategies for Negotiating Workers’ Rights in Transnational Corporations: The Effects of Codes of Conduct and Global Agreements on Workplace Democracy

Following the offshoring of production to developing countries by transnational corporations (TNCs), unions and non-governmental organisations (NGOs) have criticised working conditions at TNCs’ offshore factories. This has led to the emergence of two different approaches to operationalising TNC responsibilities for workers’ rights in developing countries: codes of conduct and global agreements. Despite the importance of this development, few studies have systematically compared the effects of these two different ways of dealing with workers’ rights. This article addresses this gap by analysing how codes of conduct and global agreements both independently and interactively affect workers’ rights. We do this based on a qualitative study of the Sri Lankan operations of a Swedish TNC in Sri?Lanka, and on interviews with union and NGO representatives actively involved in codes of conduct and global agreements. Our results indicate that global agreements independently address all the aspects included in codes of conduct, while also addressing additional, more process-oriented aspects of workers’ rights. Hence, on their own, global agreements seem to comprise the superior approach to promoting workers’ rights. Furthermore, our results indicate that promoting codes of conduct has negative interactive effects on global agreements. Based on these results, we argue that the current focus on codes of conduct is counterproductive for the promotion of workers’ rights.     

Using Student Generated Codes of Conduct in the Classroom to Reinforce Business Ethics Education

This paper presents four different contexts in which students practiced implementing business ethics. Students were required to develop Codes of Conduct/Codes of Ethics as a classroom exercise. By developing these codes, students can improve their understanding of how and why codes of conduct are developed, designed, and implemented in the workplace. Using the three-phase content analysis process (McCabe et al.: 1999, The Journal of Higher Education 70(2), 211–234), we identify a framework consisting of 10 classifications that can be used to assess learning outcomes in embedded ethics education. By analyzing the different content within each classification, instructors were able to gain a better understanding of differing application of ethical principles. This analysis indicates that there needs to be more research on codes of conduct for smaller units within an organization and more integration of work group codes of conduct into the business curriculum.     

Individual and Organizational Antecedents of Misconduct in Organizations

A heterogeneous survey sample of for-profit, non-profit and government employees revealed that organizational factors but not personal characteristics were significant antecedents of misconduct and job satisfaction. Formal organizational compliance practices and ethical climate were independent predictors of misconduct, and compliance practices also moderated the relationship between ethical climate and misconduct, as well as between pressure to compromise ethical standards and misconduct. Misconduct was not predicted by level of moral reasoning, age, sex, ethnicity, job status, or size and type of organization. Demographic variables predicted job satisfaction and organizational variables added significant incremental variance. Results suggest the importance of promoting a moral organization through the words and actions of senior managers and supervisors, independent of formal mechanisms such as codes of conduct.

Economic and Social Upgrading in Global Value Chains and Industrial Clusters: Why Governance Matters

The burgeoning literature on global value chains (GVCs) has recast our understanding of how industrial clusters are shaped by their ties to the international economy, but within this context, the role played by corporate social responsibility (CSR) continues to evolve. New research in the past decade allows us to better understand how CSR is linked to industrial clusters and GVCs. With geographic production and trade patterns in many industries becoming concentrated in the global South, lead firms in GVCs have been under growing pressure to link economic and social upgrading in more integrated forms of CSR. This is leading to a confluence of “private governance” (corporate codes of conduct and monitoring), “social governance” (civil society pressure on business from labor organizations and non-governmental organizations), and “public governance” (government policies to support gains by labor groups and environmental activists). This new form of “synergistic governance” is illustrated with evidence from recent studies of GVCs and industrial clusters, as well as advances in theorizing about new patterns of governance in GVCs and clusters.     

Virtue Ethics and the Practice–Institution Schema: An Ethical Case of Excellent Business Practices

This paper aims to contribute to a greater understanding of the theory of virtue ethics and its applications in the business arena. In contrast to other prominent approaches to ethics, virtue ethics provides a useful perspective in making sense of various business ethics issues with an emphasis on the moral character of the individuals and its transformational influences in driving ethical business conduct. Building on Geoff Moore’s (Bus Ethics Q 12(1):19–32, 2002; Bus Ethics Q 15(2):237–255, 2005; Bus Ethics Q 18(4):483–511, 2008) treatment of Alasdair MacIntyre’s practice–institution schema, the paper discusses how individuals, as moral agents, can serve to promote virtuous business conduct and help foster a moral and ethical climate in the organization and in society at large. Using interview data from a broader study of the New Zealand wine industry as explanatory examples, the paper argues that while many companies’ sustainable practices are still largely market based, such excellent business practices are often driven by individuals’ moral and ethical pursuits.     

Business strategies and the small professional firm: Evidence from the conveyancing market

This paper examines the use of business strategies by firms of solicitors in England. Although still often seen as the epitome of the traditional profession, recent deregulation and liberalisation of the legal services market has forced solicitors to consider the use of more business-like approaches to the operations of their firms. Using the framework provided by John Kay, it is possible to identify distinctive capabilities among some firms in the provision of conveyancing, despite the fact that this is a relatively routine service provided mainly by small professional firms. The use of reputation is crucial here. Analysis of the conduct of sample firms suggests that business strategies can be identified with respect to pricing and advertising, and that the advertising behaviour of law firms closely matches the predictions of relevant economic theory. The paper concludes that it is meaningful to speak of strategy among at least some small professional firms.     

Ethical aspects of e‐business: the use of codes of conduct

This paper examines the establishment and enforcement of codes of conduct governing the use of Internet technology as a means of providing a basis of trust in the e‐business context. The discussion draws on the findings of a survey of 80 UK organisations, and considers the relationship between factors such as organisation size, type, use of IT, the length of time with an Internet connection and the use of a code of conduct, as well as the specific areas of Internet technology covered by codes of conduct. The paper also investigates the extent of disciplinary cases associated with the misuse of Internet technology, as well as the ownership and responsibility for implementing codes of conduct. The survey results suggest that the use of codes of conduct varies significantly from organisation to organisation, and that those who initiate such codes are not those seen as being responsible for implementing them. The results also indicate that a growing number of employees are disciplined for misuse of facilities offered by Internet technology.     

An Explanation of the International Variation in the Prevalence of Child Labour

It is hypothesized that the institutional acceptability of child labor will be more prevalent when the other members of a society gain from its use. Therefore, the cross‐country variation in the prevalence of child labor depends on the degree to which child labor affects the welfare of the remaining members of a society. It is demonstrated theoretically that the non‐child‐labor factors gain from child labor when the economy is closed. As an economy becomes more open to international trade, those gains diminish and even turn negative as the size of the economy increases. Child labor will not exist in capital abundant countries since, in them, child labor makes the non‐child‐labor factors worse off. It is shown empirically that the cross‐country prevalence of child labor falls with increases in a nation's per capita income, its openness to trade, and its economic size. It is argued that trade sanctions, as a remedy for child labor, may be counter‐productive since an open economy reduces the benefits of child labor to the other members of a society, and thereby reduces the society's incentive to allow child labor. The model also demonstrates that the economic changes brought on by democracy undermine the practice of child labor.     

Operational modes for multinational corporations in post-apartheid South Africa: A proposal for a code of affirmative action in the marketplace

The economic and socio-political impact of multinational corporations (MNCs) on third world countries has been the subject of intense debate and controversy leading to charges of exploitation and colonization on the one hand, and demands for codes of conduct on the other. This article examines the working of one of the most comprehensive of such codes under the most reprehensible political conditions, i.e., the operations of U.S.—based multinational corporations in South Africa under the acgis of the Sullivan Principles. It is argued that despite the best intentions, and considerable social goodwill, the Sullivan Principles were seriously flawed both as to goals and as to means of achieving them. Finally, it suggests a new approach to developing standards of MNC behavior in third world countries which emphasizes those areas of activities that are directly under the control of MNCs, and offers targets of achievement to which MNCs can and should be held accountable.The paper is a revised and expanded version of a keynote speech delivered by the author at the First Biannual Conference on Advances in Management, Orlando, Florida March 25–28, 1992.S. Prakash Sethi is Professor and Associate Director, Center for Management, Baruch College, The City University of New York. He is also the Economic Policy Advisor to the National African Federated Chamber of Commerce and Industry (NAFCOC), which is the largest and the oldest organization of Black business and industry people in South Africa.     

Business Approaches to Combating Bribery: A Study of Codes of Conduct

The question of what firms do internally in the fight against bribery is probably as important to the successful outcome of that fight as formal anti-bribery law and enforcement. This paper looks at corporate approaches to anti-bribery commitment and compliance management using an inventory of 246 codes of conduct. It suggests that, while bribery is often mentioned in the codes of conduct, there is considerable diversity in the language and concepts adopted in anti-bribery commitments. This diversity is a feature of the language used in describing parties to bribery and in defining which activities are prohibited (e.g. promising bribes versus actually giving them, gifts and entertainment, and solicitation. This diversity of language and concepts suggests that it might be useful to extend and deepen efforts in business associations and international organisations to build consensus on the meaning of bribery and corruption. In contrast, the bribery codes show evidence of an emerging consensus on managerial approaches to combating bribery. This involves the deployment of a distinctive mix of management tools, including financial record keeping, statements by executive officers, internal monitoring, whistle-blowing facilities, creation of compliance offices and threats of disciplinary action.     

TNC Motives for Signing International Framework Agreements: A Continuous Bargaining Model of Stakeholder Pressure

Over the past decade, discussion has flourished among practitioners and academics regarding workers’ rights in developing countries. The lack of enforcement of national labour laws and the limited protection of workers’ rights in developing countries have led workers’ rights representatives to attempt to establish transnational industrial relations systems to complement existing national systems. In practice, these attempts have mainly been operationalised in unilateral codes of conduct; recently, however, negotiated international framework agreements (IFAs) have been proposed as an alternative. Despite their growing importance, few studies have empirically studied IFAs. This paper starts to fill this gap by studying why corporations adopt IFAs, based on a qualitative study of the process leading to the signing of a recent IFA. The study’s findings complement existing research into why corporations adopt IFAs, codes of conduct, and CSR policies by demonstrating that corporate motives can be linked to a desire to retain a trusting relationship with the labour union movement. In addition, the findings indicate that the discrete campaign model of stakeholder pressure dominant in previous research should be complemented by a continuous bargaining model of stakeholder pressure. The paper concludes by discussing differences between these conceptual models of stakeholder pressure and avenues for future research.

Business ethics: Restrictive or empowering?

There is a tendency in the business ethics literature to think of ethics in restrictive terms: what one should not do, and how to control this. Drawing on Lawrence Kohlberg's theory of moral development, the paper focuses on, and draws attention to, another more positive aspect of ethics: the capacity of ethics to inspire and empower individuals, as well as groups. To understand and facilitate such empowerment, it is argued that it is necessary to move beyond Kohlberg's justice reasoning so as to appreciate the value and importance of feeling and care. Accordingly, we draw upon case study material to review the meaning of Kohlberg's higher stages — 5, 6 and 7 — to question the meaning of ethical reasoning. With such deeper understanding of particular ethical codes or practices, it is thought that members of organisations may come closer to thespirit, as opposed to the letter, of ethical conduct in organisations. This, we argue, is consistent with the degree of trust and integrity demanded by leaner, post-bureaucratic ways of organizing and conducting business as well as being personally beneficial to the people involved.Bjørn Kjonstad has recently completed his Masters dissertation. He has subsequently been ordained in the Western Buddhist Order and is currently devoting himself full-time to the work of the Friends of the Western Buddhist Order.Hugh Willmott is Reader in the Manchester School of Management having previously held appointments at the Aston Business School and Copenhagen Business School. He has taken refuge in the Kagyu Order of Tibetan Buddhism. His most recent books have beenLabour Process Theory (Macmillan, 1990 co-edited with David Knights),Critical Management Studies (Sage, 1992, co-edited with Mats Alvesson) andSkill and Consent (Routledge, 1992, co-edited with Andrew Sturdy and David Knights) andMaking Quality Critical (Routledge, 1994 co-edited with Adrian Wilkinson). Their common theme has been a critical examination of the changing organization and management of work in modern society.     

Re-evaluating the Realist Conception of War as a Business Metaphor

The state of war is a popular metaphor employed by many business writers seeking to explain the imperatives of strategic decision-making. It is a metaphor which draws on a realist characterisation of war as a Hobbesian state of nature devoid of a moral dimension. However, the work of Walzer (1977) has demonstrated that rules of war, established over generations and across cultural divides, play a significant role in the conduct of warfare. Through identifying and analysing rules of war in parallel with ethical dilemmas in business life, such as whistleblowing, it is possible to develop a more sophisticated understanding of the war metaphor in place of simplified, state of nature realism. This alternative version of the war metaphor is a useful means of introducing students to Aristotlean virtues as well as challenging their preconceptions about the nature of business activity.     

Self-regulating industry behavior: Antitrust limitations and trade association codes of conduct

Self-regulation exists at the firm-level, the industry-level, and the business-level of economic organization. Industry self-regulation has faced economic (free rider) and legal (antitrust) impediments to widespread implementation, although there exist examples of effective industry self-regulation, e.g., securities industry and the SEC, advertising and the FTC. By instituting industry codes of conduct, national trade associations have shown to be natural vehicles for self-regulation. While there has been long-standing general encouragement for establishing industry codes, adopting and enforcing conduct codes has been seriously circumscribed by restrictive Supreme Court decisions and FTC advisory opinions. One approach to clearing legal confusion is to petition the FTC to issue an industry guide on promulgating and enforcing trade association codes of conduct. Another strategy is to utilize a stakeholder approach to association ethics committee appointments that subsequently influence code creation and enforcement. Finally, a new concept of an industry code of conduct will consist of three subcodes: an economic code; an environmental code; and a socio-political code. Combined, these strategic approaches will offer new opportunities for effective nonmarket regulation.Thomas A. Hemphill is affiliated with the Institute of Scrap Recycling Institute, Inc., Washington, D.C. His most recent publications are found inBusiness and Society Review (Fall 1990), A Solid Program for Solid Waste and (Summer 1991), Marketer's New Motto: It's Keen to be Green.