|Title||A Modest Proposal for Mediating Code of Conduct Challenges|
|Year of Publication||2008|
|Authors||Zack, A. M.|
|Institution||NYU School of Law|
|Keywords||code of conduct, globalization, job protection, mediation, worker’s rights|
[Excerpt] Globalization has brought many changes in workplace job protection. One has been increased attention paid to the fact that many jobs which had been performed by workers with statutory and collective bargaining protections in industrialized nations are now being performed by workers in countries which fail to provide comparable levels of workplace protection. The urge of local factories to maximize their profits has often outpaced their willingness to adhere to generally accepted levels of workplace fairness. This is facilitated in many countries by the unwillingness, disinterest, or incompetence of the officials of such host countries to fully implement their own laws or even the international labor standards accepted as norms by promulgation of ILO conventions.
Many of the brand name companies which have taken advantage of the subcontracting and outsourcing opportunities in developing countries have developed Codes of Conduct as commitments to investors and consumers that they will assure compliance with fair labor conditions in the factories which produce for their markets. Most of these Codes provide internal or external monitoring to assure compliance with their proclaimed standards.
This paper suggests the adoption of a complaint procedure culminating in mediation as a preferred procedure for