Migration Intermediaries and Codes of Conduct: Temporary Migrant Workers in Australian Horticulture

Over recent decades, developments in network governance have seen governments around the world cede considerable authority and responsibility to commercial migration intermediaries for recruiting and managing temporary migrant labour. Correspondingly, a by-product of network governance has been the emergence of soft employment regulation in which voluntary codes of conduct supplement hard (enforceable) legal employment standards. This paper explores these developments in the context of temporary migrant workers employed in Australian horticulture. First the paper analyses the growing use of temporary migrant labour in this industry. It then describes how different types of intermediaries interact with this workforce. The paper then outlines both hard and soft employment regulations, and contrasts them with actual employment conditions, questioning how a network governance approach has affected this vulnerable workforce. The paper concludes that changes in network governance of migration and employment relations have emasculated formal legal regulation, leaving market forces to operate without effective or ethical constraints at the expense of the public good.     

The Constitutional Structures of the National Political Economy: Barrier to or Precondition for European Integration?

The Court of Justice of the European Union is increasingly dedicated to the pursuit of economic efficiency. As this article will demonstrate, this has led to diagonal conflict between European legal pronouncements on the free movement of labour within a services regime and national jurisprudence on democratically-legitimated public procurement policies within distinct state aids regimes. Where once the CJEU treated public procurement as a distinctive part of the EU’s state aids regime, or one which might be reconciled with redistributive ethical and social concerns maintained at national level, the application of the EU services regime to procurement has placed this traditional understanding in doubt. This re-alignment, however, as well as the supranational-national conflict that it has created, reflects both the deeper mismatch both between European economic and national social competences, as well as friction between national and European conceptions of constitutional legitimacy. Such tensions must be overcome in order to secure continuing legal integration within Europe.     

The Consequences of Globalisation: India's Software Industry and Cross‐border Labour Mobility1

The Indian software industry is a prime example of globalisation. The industry has been characterised by large cross‐border mobility of its skilled labour force. Using a unique survey of Indian software firms, our paper quantifies the extent and impact of mobility on firm behaviour and performance. Cross‐border labour mobility in the paper refers to both temporary and permanent labour flows by Indian software professionals. The picture that emerges is of a highly mobile world in which temporary mobility has been an important characteristic of the industry. A significant number of workers have work experience abroad in a developed country. Moreover, the share of skilled workers with such experience has been positively associated with the incidence of skilled migration from the firm. This suggests network effects are at work. In terms of the impact on performance – as measured by the change in turnover per worker and the change in the employment size of the firm – the paper finds little evidence of a robust adverse effect. Further, the evidence suggests that there have been important external effects at work, as through changes in the willingness of workers to acquire skills, as well as through increased provision of educational services. These have further abated the risk of a brain drain. However, the software industry may be rather different from other industries. Our results need to be interpreted as the outcome of a particular case of skilled migration and not one necessarily representative of all types of skilled migration and source sectors.     

International Trade Agreements and International Migration

Despite large potential economic gains, bilateral and multilateral negotiations focusing on liberalisation of migration have not shared the high profile of international trade negotiations and agreements. Migration and trade have been traditionally viewed rather separately and the relevance of the many, and complex, interdependencies has been given remarkably little attention in the literature to date. In this article, we focus on the two‐way interaction between international migration and agreements designed to enhance cross‐border trade and investment. Liberalisation of international trade in services and in the movement of people potentially offers much greater economic gains than liberalisation of remaining barriers to goods trade. However, progress within multilateral frameworks is fraught with difficulty. The World Trade Organization’s General Agreement on Trade in Services (GATS) has yielded little real progress so far and negotiations within more flexible unilateral and bilateral frameworks are likely to be more successful in liberalising the movement of labour. We discuss a range of specific examples, focusing particularly on the interesting case of New Zealand. We find that trade agreements are increasingly including agreements on migration, though typically favouring temporary migration and involving numerically modest quotas. We conclude that migration regulatory frameworks are likely to be further and more strongly linked to trade and investment agreements in the future, particularly given changing economic and demographic forces. The primary focus of migration policies may nonetheless remain different from that of trade policies. While further migration liberalisation is likely to be through bilateral and regional agreements, it will be important to try to lock in the gains of such agreements, while simultaneously working to consolidating these in a way that will help to facilitate future multilateral agreement.     

Contextualizing Voice and Stakeholders: Researching Employment Relations,Immigration and Trade Unions

This article aims to outline some of the ways in which issues of migration and employment relations have been studied in the European context, cross referencing recent interventions in the USA. The argument is a discussion of some of the different dimensions of migration and the way debates within Industrial Relations have been shaped. More specifically, the article will look at the way trade unions have made the ethical turn towards questions of migration and equality. The article will observe the way these issues have been academically framed and the manner in which the ‘problem’ of migration is conceptualized. It will attempt to provide a framework for discussing the way we have been analysing these issues and the ethical dimensions of these discussions. The relevance of the article is that institutionally responding to migration is not solely a question of adjusting employment relations or Industrial Relations institutions to various ‘new’ constituencies. The article will show that the topic raises issues as to how we actually understand what the study of employment and especially Industrial Relations are. The article also argues that there is a growing need for researchers to be aware of ethical issues when studying in the area of migration, and to be sensitive to competing voices and methodologies in this area. In particular we need approaches that are multidimensional and that emphasize the history and context of change in social constituencies, the new mechanisms of representation within communities, the role of the political in terms of discourses and resources, and the broad play and spaces of regulation and social policy.     

Ethical leadership and the dual roles of examples

Through the examples they set, leaders do a great deal to shape—for good or for ill—the culture of the organizations in which they serve. Leaders thus serve in a teaching role. But in order to learn how to set positive examples, leaders must also be students who seek to learn what they can from others’ examples. Employing as a jumping-off point a recent high-profile and multi-faceted scandal involving Penn State University and decision makers affiliated with it, this article explores a number of ethical decision making lessons to be learned from that scandal and considers how those lessons can be applied to a variety of decisions faced by corporate leaders. Along the way, the article addresses ways in which common human tendencies impair the quality of thinking and decision making. It also offers ways for improving thinking quality and enhancing the ethical nature of resulting business decisions.     

The Influence of Interorganizational Collaboration on Logic Conciliation and Tensions Within Hybrid Organizations: Insights from Social Enterprise–Corporate Collaborations

Advertising is a booming activity both in the physical realm and on the Internet. Online advertising is growing and is subject to legal standards, although some self-imposed ethical standards for the industry are needed. This has been called self-regulation. This article examines the important role that self-regulation (in the form of ethical standards) can play in addressing advertising that uses degrading and discriminatory images of women that compromise their dignity. Sexist advertising is a reification of women—stereotypes and sexist social models—that do not convey a realistic image of a woman’s abilities and potential. This article analyzes specific decisions on the subject issued by the Jury of the Spanish Association for the Self-Regulation of Commercial Communication. The Jury’s decisions are based on a code of ethics. The technical expertise and impartiality manifested in its decisions have produced a high degree of credibility and confidence in the organization.

     

Liberalising Temporary Movement of Natural Persons: An Agenda for the Development Round

We discuss liberalising the temporary mobility of workers under Mode 4 of the GATS, particularly the movement of medium and low skilled service providers between developing and developed countries. Such mobility potentially offers huge returns: a flow equivalent to three per cent of developed countries’ skilled and unskilled work forces would generate an estimated increase in world welfare of over US$150 billion, shared fairly equally between developing and developed countries. The larger part of this emanates from the less‐skilled, essentially because losing higher‐skilled workers cuts output in developing countries severely. The mass migration of less skilled workers raises fears in developed countries for cultural identity, problems of assimilation and the drain on the public purse. These fears are hardly relevant to temporary movement, however. The biggest economic concern from temporary mobility is its competitive challenge to local less skilled workers. But as populations age and the average levels of training and education rise, developed countries will face an increasing scarcity of less skilled labour. Temporary mobility thus actually offers a strong communality of interest between developing and developed countries. The remainder of the paper looks at the GATS provisions on Mode 4 and the commitments that have been made under it. The paper reviews several official proposals for the Doha talks, including the very detailed one from India, and considers several countries’ existing schemes for the temporary movement of foreign workers. Many countries have long had bilateral foreign worker programmes, and some regional agreements provide for liberal and flexible movement. These show what is feasible and how concerns can be overcome. We caution that, to be useful, any WTO agreement must increase mobility, not just bureaucratise it. The paper concludes with some modest and practical proposals. We suggest, inter alia, that licensing firms to arrange the movement of labour is the most promising short‐term approach to increasing temporary mobility.     

Cross-Cultural Perceptions of Business Ethics: Evidence from the United States and China

A number of empirical studies have examined business ethics across cultures, focusing primarily on differences in ethical profiles between cultures and groups. When managers consider whether or not to develop a business relationship with those from a different culture, their decision may be affected by actual differences in ethical profiles, but potentially even more so by their perceptions of ethicality in the counterpart culture. The latter issue has been largely ignored in extant empirical research regarding cross-cultural ethical profiles. In this study, we employ a design that allows for a more complete analysis of cross-cultural perspectives, examining both the manner in which selected cultures view themselves and the manner in which those same cultures perceive the ethical profiles of others. To this end, we surveyed master’s students in business fields at several universities in the United States and China—two countries/cultures that engage in a significant amount of business transactions—and examined differences in personal ethical profiles across cultures, differences in one group’s ethical profile and the way it is perceived by the other group, and differences in perceived ethical profiles across cultures; that is, differences in how groups view each other. Findings suggest meaningful discrepancies in the ethical perceptions formed toward the counterpart culture. Results support a role for ethical perceptions in future research, and further examination and inquiry into the development and adaptation of ethical perceptions in cross-cultural business dealings.     

The Ethical Agendas of Employment Agencies Towards Migrant Workers in the UK: Deciphering the Codes

This article examines the connections between employment agencies, ethics and migrant workers. The article identifies three approaches adopted by agencies towards ethics and migrant workers, namely, ‘business case’, ‘minimal compliance’ and ‘social justice’ approaches. Through case studies of three agencies in the UK, the article explores the potential and limitations of each of these approaches for meeting the needs of migrant workers. The article points to the limitations of both the business case and ‘minimal compliance’ approaches, stemming from tensions between the attempt to put in place ethical approaches towards the employment of migrant workers and the imperatives of the competitive strategies being pursued by agencies. The article points to the potential for social enterprise agencies to effectively meet the needs of migrants. These agencies can focus on more than just the first transition of migrants into the labour market; can formalize transitions within the labour market and link people to jobs that are more appropriate to their skills and experience, as a means of preventing the perpetuation of skill underutilisation.     

The law and ethics of big data analytics: A new role for international human rights in the search for global standards

The Economist recently declared that digital information has overtaken oil as the world’s most valuable commodity. Big data technology is inherently global and borderless, yet little international consensus exists over what standards should govern its use. One source of global standards benefitting from considerable international consensus might be used to fill the gap: international human rights law. This article considers the extent to which international human rights law operates as a legal or ethical constraint on global commercial use of big data technologies. By providing clear baseline standards that apply worldwide, human rights can help shape cultural norms—implemented as ethical practices and global policies and procedures—about what businesses should do with their information technologies. In this way, human rights could play a broad and important role in shaping business thinking about the proper handling of this increasingly valuable commodity in the modern global society.     

Labour Relations and Ethical Dilemmas of Extractive MNEs in Nigeria,South Africa and Zambia: 1950–2000

This article examines the ethical characteristics of MNEs employee relations in developing countries. Specifically, it addresses various ethical issues relating to labour relations and trade unions in extractive industries in Nigeria, South Africa and Zambia. Data collected in these countries indicate that criticisms against MNEs relating to labour issues and labour practices in developing countries are not lessening. The discussion is lent focus and direction through the analysis of critical incidents from the perspectives of various stakeholders: government, oil and mining companies, and leaders of trade unions. Tensions over pay, expatriate employments as against the locals, negotiation rights and employees well-being are evident. The argument advanced is that the MNEs operating in the extractive industries of Africa will have to improve their relations with local employees in order to bridge the legitimacy gaps that exist. An improved mutual understanding between the MNEs and trade unions is required for both actors to have a smooth working relationship.     

You May Not Reap What You Sow: How Employees’ Moral Awareness Minimizes Ethical Leadership’s Positive Impact on Workplace Deviance

Although a growing body of research has shown the positive impact of ethical leadership on workplace deviance, questions remain as to whether its benefits are consistent across all situations. In this investigation, we explore an important boundary condition of ethical leadership by exploring how employees’ moral awareness may lessen the need for ethical leadership. Drawing on substitutes for leadership theory, we suggest that when individuals already possess a heightened level of moral awareness, ethical leadership’s role in reducing deviant actions may be reduced. However, when individuals lack this strong moral disposition, ethical leadership may be instrumental in inspiring them to reduce their deviant actions. To enhance the external validity and generalizability of our findings, the current research used two large field samples of working professionals in both Turkey and the USA. Results suggest that ethical leadership’s positive influence on workplace deviance is dependent upon the individual’s moral awareness—helpful for those employees whose moral awareness is low, but not high. Thus, our investigation helps to build theory around the contingencies of ethical leadership and the specific audience for whom it may be more (or less) influential.     

The Influence of CSR and Ethical Self-Identity in Consumer Evaluation of Cobrands

In a multi-source study, we examine how frequent change interacts with ethical leadership to reduce turnover intentions. We argue that ethical leaders enhance employees’ state self-esteem, which explains the moderating effect of ethical leadership. Results from 124 employee-coworker-supervisor triads revealed that ethical leadership moderated the relationship between frequent change and turnover intention such that the relationship was positive only when ethical leadership was low. The moderating relationship could be shown to be mediated by employees’ state self-esteem.     

Deutlicher Anstieg der Nettozuwanderung nach Deutschland

Since 2010 net immigration to Germany has risen significantly. Net immigration to Germany in 2012 is estimated to total nearly 400 000 people. Influxes of such a magnitude have significant macroeconomic implications. While in the long run they increase the domestic labour force and hence potential output, they moderate wages and prices in the short run. This article investigates the determinants of immigration to Germany and its outlook for the coming years. It shows that differences in employment opportunities in Germany and in the rest of Europe largely explain migration flows. Owing to Germany’s attractive labour market and the expected slow recovery in neighbouring Europe, cumulative immigration to Germany is likely to exceed two million by 2017.     

Reconciling CSR with the Role of the Corporation in Welfare States: The Problematic Swedish Example

This article uses the Swedish example to illustrate how corporate social responsibility (CSR) is understood and interpreted when it enters a welfare state context where social issues have traditionally been the domains of the state and of politicians. Among the implications one finds a relative scepticism of traditionally strong actors on the labour market, such as the state, trade unions and employers. This relative scepticism is primarily explained by an enduring idea of the role of business in society which stands in contradistinction to the idea expressed in the corporate centred idea of CSR. Still, CSR gains a foothold in the welfare state context, mainly because of the flexibility of the concept which allows for ‘escape routes’ – an understanding of CSR that focusses on issues at arm’s length from the traditional welfare context. CSR also benefits from being codified in soft regulation, thereby becoming a legitimate super- national point of reference for all relevant actors. The possibility of developing new global arenas for espousing ideals partly in conflict with traditional ones also explains why CSR has become an established concept. In Sweden, such arenas have been created through the activities of multinational corporations, NGOs, investors, the media, consultants and other actors.     

Shareholder Theory and Kant’s ‘Duty of Beneficence’

This article draws on the moral philosophy of Immanuel Kant to explore whether a corporate ‘duty of beneficence’ to non-shareholders is consistent with the orthodox ‘shareholder theory’ of the firm. It examines the ethical framework of Milton Friedman’s argument and asks whether it necessarily rules out the well-being of non-shareholders as a corporate objective. The article examines Kant’s distinction between ‘duties of right’ and ‘duties of virtue’ (the latter including the duty of beneficence) and investigates their consistency with the shareholder theory. The article concludes that it is possible within the ethical framework of shareholder theory for managers to pursue directly the happiness of non-shareholders. Furthermore, shareholders have a duty to hold management to account for the moral consequences of the firm’s activities on non-shareholding stakeholders.     

Employment relationships within European airport retailing

Despite undergoing major strategic change, airport retailing has remained a neglected area of academic study. As a consequence, the structure and operation of labour market operations within airport retailing remains largely undocumented. This article attempts to redress this issue by providing an examination of the factors that influence the employment relationship within an airport environment. Using a qualitative research methodology, it details the means by which airport authorities and retailers have attempted to restructure their employment relations in response to changing market conditions. The article takes the concepts of labour market segmentation and flexibility and examines the applicability of ‘dualist’ theory to airport retailing.     

Globalization and Hong Kong's labour market: the deregulation paradox

The globalization of business has affected Hong Kong, giving rise to important changes in its labour market and with impacts on workers and labour organizations. This has been felt in the migration of manufacturing plants to China in combination with labour market deregulation via the government's guest worker policy. We examine the institutional implications of liberalizing the previous ban on the admission of guest workers. While this seeming reversal was tantamount to deregulation, it also produced regulation via a new body of norms and rules governing guest labour which were, paradoxically, restrictive and disabling for the affected parties.     

How Economic Incentives May Destroy Social,Ecological and Existential Values: The Case of Executive Compensation

Executive compensation has long been a prominent topic in the management literature. A main question that is also given substantial attention in the business ethics literature—even more so in the wake of the recent financial crisis—is whether increasing levels of executive compensation can be justified from an ethical point of view. Also, the relationship of executive compensation to instances of unethical behavior or outcomes has received considerable attention. The purpose of this paper is to explore the social, ecological, and existential costs of economic incentives, by discussing how relying on increasing levels of executive compensation may have an adverse effect on managerial performance in a broad sense. Specifically, we argue that one-dimensional economic incentives may destroy existential, social, and systemic values that influence the manager’s commitment to ensure responsible business conduct, and have negative spillover effects that may reduce the manager’s performance. There are well-documented findings that demonstrate that reliance on sources of extrinsic motivation (such as economic incentives) may displace intrinsic motivation. Our perspective is a holistic one, in the sense that we will explore the influence of sources of extrinsic motivation on the manager’s intrinsic commitment to different types of values. We will in particular investigate how it may influence the manager’s ethical reflection and behavior or lack thereof.