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Law
Breaking a Sweatshop
Philip M. Berkowitz
05/03/2004


Whiter than White
How can a multinational company avoid becoming a target? First, commit to carrying out employment practices that meet and exceed internationally recognized guidelines.  Numerous international organizations have identified core labor standards. Chief among these are the International Labour Organization (ILO), a United Nations affiliate, which has adopted a Declaration of Principles. Other well-known statements of principle include the Global Sullivan Principles of Social Responsibility, the Organisation for Economic Co-operation and Development Guidelines for Multinational Enterprises and the Global Compact, adopted in July 2000 by the United Nations.

These codes of conduct all identify similar basic principles, including: the right to bargain collectively; equal employment opportunity and nondiscrimination; prohibitions against child labor and forced labor; adherence to local safe workplace laws (or, if these do not suffice, adopting best practices); consulting with workers’ groups about layoffs and similar adverse actions; grievance or dispute resolution procedures; and use of internal or external monitors to audit employment practices.

These statements of principle are not binding on international companies. Rather, they are guidelines. Nevertheless, companies ignore them at their own peril. Of course, companies doing business overseas also need to familiarize themselves with the binding labor laws of the countries in which they are doing business. Many countries’ labor laws and labor tribunals recognize substantial employee rights regarding unfair dismissal and other employment practices.

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