Effective labour rights through International Framework Agreements
Submitting Institution
University of LeicesterUnit of Assessment
Business and Management StudiesSummary Impact Type
EconomicResearch Subject Area(s)
Commerce, Management, Tourism and Services: Business and Management
Studies In Human Society: Policy and Administration
Summary of the impact
Core labour rights have a crucial role in achieving economic prosperity
and political stability on a national and global scale. The emergence of
complex global trade networks has raised important questions as to how
such rights could be implemented and enforced across multiple supply
chains and geographical borders. Research at the Centre for Labour Market
Studies, School of Management, Leicester has helped the International
Labour Organisation (ILO) and the EU understand the advantages and risks
associated with International Framework Agreements (IFAs), particularly
regarding their implementation in supply chains. IFAs have emerged as a
specific instrument to secure core labour rights and shift the onus away
from nation states. Between 2000 and 2013 the number of IFAs in operation
around the world increased from five to more than 100, directly benefiting
more than 10 million workers and indirectly benefiting tens of millions
more. Leicester research has played a part in understanding the dynamics
of IFAs and developing more effective ones.
Underpinning research
An IFA is an instrument negotiated between a multinational enterprise and
a Global Union Federation in order to establish an ongoing relationship
between the parties and ensure that the company respects the same
standards in all the countries where it operates. Leicester academics Dr
Nik Hammer (October 2005 -) and Dr Glynne Williams
(October 2006-) developed international collaborations with colleagues
from the University of Montreal (Canada) and, from 2007, led a research
network which involved Cardiff University (UK), the University of
Witwatersrand (South Africa), as well as colleagues from the labour
movements in Brazil, Malaysia and Ukraine. This networked research allowed
the researchers to go beyond the well-regulated European context and
understand how IFAs function in countries where they could make a real
difference. They tackled four questions, as follows.
1. For multi-national corporations (MNCs) it is important to find out
"what is the added value of International Framework Agreements compared to
established tools of social dialogue at the national level?'' Ongoing
contacts with the ILO (Hammer was a visiting researcher at the ILO's
International Institute for Labour Studies in 2003 and has been invited to
`high-level' and research workshops at the ILO; Williams has taught at the
ILO's Global Labour University) as well as in EU-sponsored activities
(Hammer served as a member of steering committees for EU funded research
on IFAs) showed that, as more and more IFAs emerged, policy makers began
to map their content and procedures and analyse their political
significance. Leicester's research (6,7) provided a comprehensive analysis
of existing agreements to date and distinguished between IFAs as `rights
agreements' and IFAs as `bargaining agreements'. Fragmented value chains
required multi-stakeholder coalitions in order to achieve arrangements
that establish a social minimum, while more developed management-labour
relations in industrial sectors could use IFAs to develop social dialogue
at the international level.
2. As employers' and trade unions' focus turned to the implementation of
IFAs, the effectiveness of different types of IFAs was investigated
through detailed case studies. Which value chain structures are more
conducive to the effective implementation of IFAs than others? The
Leicester researchers (2; 5) explored the power dynamics within
retailer-driven global value chains and analysed how IFAs could assist the
regulation of work and employment in agricultural value chains. Findings
stressed the role of multi-stakeholder coalitions in achieving IFAs but
argued that sustainable monitoring requires developed management-labour
relations at workplace level.
3. Once an IFA is concluded, what actually trickles down to the workplace
level in emerging economies? The researchers investigated the
institutional and political features that support or inhibit the
implementation of core labour rights along value chains. They explored
practices in more depth along the value chains of two multi-national
corporations, going beyond subsidiaries to subcontractors. One piece of
research was conducted through an international Leicester- led research
network, bringing together academics and trade union researchers from
Brazil, Malaysia, and Ukraine (3) and found hardly any knowledge of the
IFA in subcontractors. Another project, also Leicester led, looked at the
subcontracting chain of a French multi-national in South Africa (1). Both
projects followed an MNC's value chain upstream, and found that market
imperatives took precedence over the social commitment of the IFA because
all actors, subsidiaries, subcontractors and local unions stuck with their
respective strategies. These findings carry important implications for the
way IFAs are implemented in social dialogue in emerging economies. This
concern is being explored further on a larger scale in an ongoing
international research network (CRIMT, funded by the Canadian SSHRC, with
the Leicester network carrying out a sub project).
4. Given the number of IFAs, Leicester researchers have turned their
attention to the complex realities of policy when aimed at suppliers and
subcontractors. What are the implications of IFA implementation beyond the
remit of the MNC and what, if any, unintended consequences can result from
implementation in the wider labour market? Findings highlight the role of
segmented market structures in the global economy. Improvements in
particular subcontractors lead to further outsourcing, that is, attempts
to escape the core labour rights of the IFA (1, 2, 4, 5).
The implication is that the IFA can achieve social minimum standards but
that states need to come back into the equation in order to secure them in
a sustainable way.
References to the research
[2] Riisgaard, L. and Hammer, N. (2011) `Prospects for Labour in Global
Value Chains. Labour Standards in the Banana and Cut Flower Industries', British
Journal of Industrial Relations 49(1): 168-190.
[3] Davies, S., Hammer, N., Williams, G., Raman, R., Ruppert, C. S. and
Volynets, L. (2011) `Labour Capacity in Global Subcontracting Chains:
Evidence from a Construction MNC', Industrial Relations Journal
42(2), 124-138.
[4] Hammer, N. (2013) Labour standards in segmented markets: The
construction industry in Delhi and Moscow, in Fairbrother, P, Hennebert,
M. and Lévesque, C. (eds) Transnational Trade Unionism: New
capabilities and prospects. Routledge.
[5] Riisgaard, L. and Hammer, N. (2008) Organised Labour and the
Social Regulation of Global Value Chains, pp.42, DIIS Working Paper
2008/09. Copenhagen: Danish Institute for International Studies. Available
online at: http://www.diis.dk/sw58640.asp
[6] Fairbrother, P. and Hammer, N. (2005) `Global Unions: Past Efforts
and Future Prospects', Relations Industrielles/Industrial Relations
60(3): 405-428.
[7] Hammer, N. (2005) `International Framework Agreements: Global
Industrial Relations between Rights and Bargaining,' Transfer
11(4), 511-530.
Details of the impact
Because of this research, the ILO and EU now better understand the
relations between different forms of outsourcing and different logics of
establishing core labour rights: clearly, outsourcing has given rise to
new challenges in coordinating complex supplier networks as well as in the
area of employment relations. Hammer's research is cited by the ILO
Director General, and in various EU documents.
At the national level Hammer concludes that the state is responsible for
implementing and enforcing labour regulation but this enforcement
mechanism is absent in the case of global employment relations. IFAs
concluded between MNCs and trade unions have the potential to fill this
gap by implementing core labour rights along MNCs' supply chains. In
practice, however, there are various challenges involved with realising
this potential. As core labour rights `travel' from MNC headquarters in
the Global North to distant and sub-contracted workplaces in the South, a
range of actors and interests become involved. These are the MNC at
headquarters level and the Global Union, the trade union(s) and works
council in the home country, the subsidiary and trade union(s) in the host
country, as well as the tiers of subcontractors (mostly without employee
representation) in the host country. The challenges in the policy process
are to raise awareness of IFAs among all those actors as well as to
develop implementation strategies that take account of the particular
subcontracting arrangements.
Research at Leicester has helped address these issues in two ways.
- It has contributed to initiatives which have raised the awareness of
the value of IFAs to the potential beneficiaries. These beneficiaries
include organisations such as the ILO and EU, as well as workers' groups
and companies.
- It has provided critical in-depth evaluations of IFAs that identify
the key challenges involved with implementing individual IFAs. Research
was conducted together with trade union actors from Brazil, Malaysia and
Ukraine and identified the interface of subsidiaries and first-tier
subcontractors as the critical hinge in the implementation process. The
actors' involvement in the research allowed in-depth evidence to be
collected and raised awareness and credibility.
Dissemination and Evaluation
First, as IFAs are voluntary agreements, it is important to demonstrate
their value. The ILO and the EU have supported this process through a
series of evidence-based workshops, bringing together senior HR managers
from leading companies and global and national trade union representatives
as well as researchers and civil servants. The central goal was to
highlight the spread of IFAs, their key provisions, as well as best
practice, in order to give legitimacy to this form of social dialogue.
Hammer was invited to numerous high-level ILO workshops to showcase and
disseminate IFA practices. These took place in 2006, 2008 and 2009. His
work offered the first complete overview and analysis of IFAs and made an
important contribution to this process of validating and legitimising the
agreements firstly within the ILO and EU and then, through the workshops,
to both companies and trade unions.
Hammer was asked by the Directorate General for Employment as well as the
European Foundation for the Improvement of Living and Working Conditions
to serve on the steering committees for various pieces of research which
were to support the deliberations of social partners, policy makers and
researchers in workshops. This process was central to the European
Commission's efforts to develop a framework Directive on transnational
collective bargaining. Taking the EU policy process in this matter
further, the Commission launched a multi-stakeholder consultation on
transnational company agreements in the second half of 2012.
Specifically, Dr Hammer was an invited expert to the following
organisations:
- Hans-Böckler-Foundation (Düsseldorf) project on `Organization and
Regulation of Employment Relations in Transnational Production and
Supply Networks. Ensuring Core Labor Standards through International
Framework Agreements?', 2008-2012
- European Foundation for the Improvement of Living and Working
Conditions (Dublin) project on `International Framework Agreements: A
stepping-stone towards the internationalisation of industrial
relations?', 2007/08
- European Foundation for the Improvement of Living and Working
Conditions (Dublin) project on `Codes of Conduct and International
Framework Agreements', 2006/2007
Leicester researchers have informed and shaped policy debates and built
an understanding of IFAs. This has also helped in raising awareness at
high, and official, level to the point that IFAs were either formally
embraced (ILO) or considered as a template (EU). Leicester's research-led
involvement contributed to this process. The legitimation of IFAs through
these institutions and workshops has generated further momentum,
contributing to a rapid growth of IFAs (currently around 110). This work
has also been taken up by the ILO's training centre (pointing trade
unionists from all over the world to the potential benefits of IFAs) as
well as in reports by the European Trade Union Confederation.
The second line of contribution and impact is through evaluations of
existing IFA policy and implementation. Practical research (3) with trade
union stakeholders in Brazil, Malaysia and Ukraine identified the key
stumbling blocks for successful implementation of IFAs. In particular, it
points to the limits of existing approaches to implementation and `ad-hoc'
complaint resolution, instead directing the emphasis onto dynamics of
stakeholder coalitions and participation (as opposed to top-down
implementation).
Changes taking place
A consequence of the Leicester research is the increasing differentiation
of substantive and procedural provisions in a second generation of IFAs
over the last five years. This means that actors negotiated more detailed
implementation practices right from the start, rather than dealing with
complaints in an ad-hoc way once they arose
In addition, trade unions within the companies, as well as Global Unions,
have developed more efficient ways of supporting, implementing and
monitoring existing IFAs. Combining awareness raising with action-oriented
evaluation research, a specific benefit of the Leicester work stems from
exploring topical issues together with trade union stakeholders from the
Brazilian CUT, the Malaysian TUC and the Ukrainian labour movement (3),
thereby underscoring its credibility, both, with regard to international
policy makers as well as practitioners at the national level.
The relevance of Leicester's findings, calling for broader participation
and more active organising activities in implementing IFAs, has been
referred to and underlined by the ILO Director-General when he stated that
`outreach', capacity building and implementation issues have become the
critical issue in developing IFAs further (ILO 2008 Director General's
report, see source a below). This influence and other similar
instances is evidenced in several ILO and EU working documents, which cite
Leicester's research findings.
Sources to corroborate the impact
Presentations made at ILO multi-stakeholder workshops can be provided.
Workshop outputs in ILO and United Nations Research Institute for Social
Development publications.
Citations of Dr Hammer's work in several ILO and EU working documents
which outline policy including (indicative list below, more can be
provided).
a ILO (2008) Freedom of association in practice: Lessons
learned, Report of the Director-General, Global Report under the
follow-up to the ILO Declaration on Fundamental Principles and Rights at
Work, International Labour Conference, 97th Session 2008 Report I (B)
(Geneva: ILO)
ILO (2006) Realizing Decent Work in Asia, 14th Asian Regional
Meeting, Report of the Director-General (Geneva: ILO)
European Commission (2008) Mapping of transnational texts negotiated
at corporate level, EMPL F2 EP/bp 2008 (D) 14511 (Brussels, DG
Employment, Social Affairs & Equal Opportunities)
European Commission (2006) Working document Transnational texts
negotiated at corporate level: facts and figures, Study seminar
"Transnational Agreements", 17 May 2006 (Brussels: DG Employment, Social
Affairs and Equal Opportunities)