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Риччери М., Шестерякова И. В. СОВРЕМЕННЫЕ ВЫЗОВЫ ТРУДОВЫМ ОТНОШЕНИЯМ: ДИСКУССИЯ О ГЛОБАЛЬНОМ РЕГУЛИРОВАНИИ РЫНКА ТРУДА // Herald of the Euro-Asian Law Congress. 2018. № 2. С. 69-78.
Ricceri M., Shesteryakova I. MODERN CHALLENGES TO LABOR RELATIONS: DISCUSSION ON THE GLOBAL REGULATION OF THE LABOR MARKET. Herald of the Euro-Asian Law Congress. 2018. Is. 2. P. 69-78.
УДК 340.13
BISAC LAW 054000 LAW / Labor & Employment
СОВРЕМЕННЫЕ ВЫЗОВЫ ТРУДОВЫМ ОТНОШЕНИЯМ: ДИСКУССИЯ О ГЛОБАЛЬНОМ РЕГУЛИРОВАНИИ РЫНКА ТРУДА
МАРКО РИЧЧЕРИ,
Институт политических, экономических и социальных исследований
(Рим, Италия)
ИРИНА ВЛАДИМИРОВНА ШЕСТЕРЯКОВА,
Саратовская государственная юридическая академия (Саратов, Россия)
Введение: в статье рассматривается вопрос о возможности глобального управления мировым рынком труда. Для освещения темы представлены мнения двух экспертов.
Методы: сравнение, описание, классификация. Предметом изучения были международные договоры, заключенные в рамках международных организаций и пулов, статистические данные.
Анализ: в мире постоянно происходят экономические, социальные, политические и другие изменения. Все это влияет на появление новых форм конкурентоспособности, стремление к новым возможностям извлечения прибыли, реструктуризации промышленности, производственных единиц, мобильности рабочей силы, миграционных потоков, формирование новых сообществ, социальных связей, культурных отношений. В этих условиях важным становится соблюдение трудовых и иных социальных прав работников, гарантий деятельности профессиональных союзов. В статье ставится вопрос о том, каким образом и какими способами можно выработать единые нормы и понятия, способные содействовать более плодотворному частно-государственному сотрудничеству в общих интересах управления рынком труда.
Результаты: профессор М. Ричери обращает внимание на то, что глобальная конкуренция «подчеркивает» растущее значение институциональных факторов для регулирования рынка труда. Это действующие законы и правила, регулирующие поведение наиболее важных участников процесса развития: правительства, системы бизнеса, рабочих и профсоюзов. Опыт их применения показывает, что улучшение экономики и социального обеспечения, а также содействие устойчивому росту зависит в конечном счете от способности адаптировать институты, нормы и поведение в глобальном масштабе. Вот проблемы, которые должны быть решены с помощью принятия интеграционно-управленческих решений. Профессор И. В. Шестерякова указывает, что в настоящее время, трудо-правовая интеграция государств представляет собой процесс взаимного приспособления трудового законодательства государств путем сближения, гармонизации и унификации на основе международных трудовых норм. Таким образом, выработать единые понятия и подходы к управлению глобальным рынком труда можно в рамках трудо-правовой геоинтеграции.
Ключевые слова: работник, интеграция, международный договор, Евразийское экономическое сообщество, БРИКС, норма, унификация, гармонизация, коллизии, рынок труда
UDC 340.13
BISAC LAW 054000 LAW / Labor & Employment
MODERN CHALLENGES TO LABOR RELATIONS: DISCUSSION ON THE GLOBAL REGULATION OF THE LABOR MARKET
MARCO RICCERI,
Institute of Political, Economic and Social Research (Roma, Italy)
IRINA V. SHESTERYAKOVA,
Saratov State Law Academy (Saratov, Russia)
Introduction: the authors study the possibility of the global regulation of the labor market. To highlight the topic the article presents the opinions of two experts.
Methods: comparison, description, classification. The subjects of the study are international treaties ratified within the framework of international organizations and pools, statistical data.
Analysis: economic, social, political and other changes constantly occur in the modern world. It influences the emergence of new forms of competitive ability, pursuit to new opportunities of profit, restructuring of industry, production units, mobility of the workforce, migration flows and formation of new communities, social and cultural relations. In such conditions it is important to observe labor and other social rights of employees, guarantees of labor unions activity. The article faces the questions of how and in what ways it is possible to develop uniform norms and concepts capable of promoting more fruitful specific state cooperation in the common interests of managing the labor market.
Results: professor M. Ricceri pays attention to the fact that global competition «stresses» the growing importance of institutional factors to regulate the labor market, namely the applicable laws and rules regulating the conduct of more important participants of the development process: government, system of business, employees and labor unions. Their experience shows that improving of economy and social welfare and also promotion of sustainable growth ultimately depends on the capability to adapt institutes, norms and conduct globally. These are the problems which should be solved by integration and management decision. Professor I. V. Shesteryakova points out that nowadays labor legal integration of states is a process of mutual adaptation of labor legislation of the states through rapprochement, harmonization and unification based on international legal rules. Thus it is possible to work out uniform notions and approaches to manage the global labor law in the framework of labor legal geo-integration.
Keywords: worker, migration, integration, international treaty, the Eurasian Economic Community, BRICS, norm, unification, harmonization, collisions, labor market
View of Professor Marco Ricceri Introduction
All labor markets in the industrialized areas of the world - their mission, service facilities, organizational models, operational mechanisms -are subject to continuous and increasing pressure by the changes linked to the globalization processes and its positive and negative effects, such
as: the emergence of new forms of competitiveness, the pursuit of new profit conditions, industrial restructuring, transfer of production units, labor mobility, migration flows, the formation of new communities, social networks, and, often, of unprecedented cultural relations.
The management of such situations, which also have substantial geo-political and geo-economic implications, requires governments, regional authorities and managers of public services, on the
one hand, the development of a sufficient knowledge both of the economic system (the values of the production factors) and of the territorial system (the values of the area of reference), to understand how these processes can be translated into opportunities for a peaceful progress of the communities involved; and, on the other hand, this situation requires public decision-makers a remarkable capability to address the structural change of the society with the courage of proper policies: «go structural», «go social», «go green», «go institutional», following the indications of the specific initiative «New Approaches Economic Challenge» by the OECD (2012).
To this aim, public decision-makers are required specifically to adapt laws, rules, procedures, industrial relations (the quality of the regulatory systems); to modernize the facilities (in terms of efficiency); to strengthen the incentive actions (in terms of effectiveness). In other words, public decision-makers are required to have a remarkable capability to manage the change processes related to the international competition, by improving and innovating profoundly the services' performances and identifying points of advanced balance between the actions dealing with the government of such processes (set of rules that refer to an institutional body with executive power) and those dealing with the governance (web of rules of different origins, including for example the autonomous initiatives taken by private operators), so as to promote a more fruitful collaboration between public and private actors, in the common interest.
Materials & Methods
The methodological basis of the study was the following methods of cognition: comparison, description, classification. The subject of the study was international treaties ratified within the framework of international organizations and pools, statistical data.
Results
The results of the research are expressed in the author's conclusions.
Discussion
1. Some open questions dealing with the global processes
To adequately address the open problems of the labor markets, it is necessary to clarify some fundamental issues related to the nature of the glo-
balization processes. They concern mostly: 1) the asymmetry in the conditions in which the development actors operate: institutions, capital, labour; 2) the key role of the institutional economy
1.1. The asymmetry between the development actors
Globalization's phenomenon is very different from the previous one of the internationalization, which was identified with the increasing dimension of the international trade. Globalization is a process of much broader scope, which invests the set-up of the society as well as the life of individuals and their communities. In this regard, the basic question is the following: this process reflects an «order» or a «disorder»! Constantly, for example, this question arises in occasion of the international summits of the heads of states and governments, as the G20 summits, together with the need to give an order to the world development's process: it deals with the idea of «big correction» of such process (see the UN Agenda 2030 for a Sustainable Growth), with the issue of the new governance.
In fact, what we are experiencing currently is rather a period at least of great disorder. Globalization, in short, reflects a chaos - a chaos that can be also creative, not just destructive - based on a continuous change of the traditional terms of reference of human life and activity: new dimension of space (the nonsense of the traditional state borders for some social categories as the global elite or, for instance, the migrants), and new dimension of time (the prevailing «culture of the present» over any reference to the value of the past as well as to any hypothesis of possible future. In this respect, the Italian scholar Remo Bodei highlights that contemporary society «is drastically reducing the ability to imagine a collective future, to imagine it beyond the private expectations... We are facing the desertification of the future».
Herein lies the main source of the labor and social tensions prevalent in contemporary society; in the large asymmetry between capital, that is increasingly global, and labor and politics which remain bounded to the local scale. An employee is tied to his local community, the company for which he works always less. A public authority is bound by definition to the service of its territory, but, on the contrary, the economic actors with whom it faces have very different and wider scope for their action. Therefore, the conditioning capacity of the economic players over public institutions is much stronger today than ever before.
This asymmetry, typical of our times, is the first element that labor market organizations have
to consider very carefully; and in order to maintain the efficiency of their services, policy makers are called to overcome some «institutional inertia» (OECD, 2014), promote new organizational models, incorporate labor market activities into comprehensive economic development projects. In other words, global competition requires labor market structures an extension of their traditional functions and intervention's areas; an extension of their mission, to meet the real needs both of businesses and workers. To this aim, labor market structures are required, in particular, to act on the basis of an adequate system of economic and territorial intelligence, primarily by promoting adequate analysis of the quality of the production factors (business and labor) and the real values of a territory; then, to connect the collection of data and information (description of the phenomena and trends) to the subsequent moments of knowledge (assessment of the phenomena), decisions and actions (active participation in the choices concerning planning and monitoring activity).
In essence, labor market structures are increasingly required to strengthen their theoretical and knowledge heritage; to make it functional to the correction of the imperfections that limit the meeting of supply and demand; to develop and use tools functional to assessment activity (as descriptive indicators) and programming activity (as planning indicators); in essence, to know how to connect the past, the present and the future.
These new tasks of the labor market structures - from economic and territorial intelligence to an active participation to planning activities - require a strict cooperation between the main public and private development's actors, a shared vision of the economic and social processes and their interconnections, the set up of an horizontal and vertical institutional coordination. In other words, a appropriate governance mechanism to assure the effectiveness of the labor market policies.
1.2. The quality of the regulatory system
More and more, global competition highlights the growing importance of the institutional factors, namely the set of laws and rules governing the behavior of the most important development actors: governments, business and businesses systems, workers and trade unions. In fact, ex-
perience has shown that improving economy and social welfare as well as promoting a sustainable growth depends, ultimately, by the capability to adapt institutions, norms and behaviors. Here are the problems which refer to the governance-government of such processes. This approach is used not only to analyze the present situation but also to drive its evolution.
Competition needs regulation: this is a necessity first for the same economic players, which only in a fair and transparent environment have the possibility and find the opportunity to verify and eventually affirm the real value of their own ideas, projects and initiative. Starting from this assumption we arrive to address the issue - very topical today - of the relationship between the quality of regulatory system (not necessarily identified in the law) and social and economic performances (it is since the eighties of the last century that a group of economists as, for instance, John Williamson, Padro Paul Kuczynski, basing their studies on an essentially experimental approach, highlighted the fundamental role of the institutional economics for good development's performances).
2. Global Government - Global Governance
In this regard, in order to proceed further in our reflection, it is useful to recall the terms of the clear distinction between government and governance, two concepts that are often inappropriately used and interchanged.
Global Government is the set of international standards that are based on an implementing agency which is responsible for supervising their application. Examples are the IMF-International Monetary Fund, the World Bank or the UN agencies. More widely, government is the set of rules that refer to an institutional body, national or international, with executive power, responsible for overseeing their implementation Global Governance, on the contrary, is a set of rules that are enforceable without the intervention of a national or supranational executive structure (S. Cassese, 2002). Governance - ultimately - is provided by a network of standards and rules (Web of Rules) of different kinds and origins (including for example collective agreements made by trade unions and managerial associations) which converge in the solution of practical problems. Their application results both by judicial decisions from multiple sources that are part of the «net» of standards,
and from autonomous initiatives taken by private operators.
It is noted that, in the globalization process, legal decisions can be requested by a state to another state, as it is the case of competition. These trends, which are the result of history, more than it is known, have a growing cultural importance for the purpose of the Regulatory Reform, both inside and outside the borders of a state (it is a common opinion, for instance, that in the current European system the regulatory reform necessary to build a new economic governance, should aim at enhancing just the autonomous contribution of the main private economic and social actors). This position, for example for BRICS countries, divides L. Smorgunov [Smorgunov 2018: 92].
3. The regulatory reform: towards a governance without government?
The growing interdependence between human activities more and more affects the legal systems, their nature, their hierarchical structure and their adaptability, in view of certain needs and goals.
When the boundaries are expanded, as in the case of supranational institutions (EU, Eurasian Economic Union, NAFTA, or similar bodies related to the integration processes), this gives space to vertical subsidiarity. But also the need of a horizontal adjustment occurs when the regulation or the self-regulation replace the state rules and institutions which are no more suited to the new spatial dimension of the sector economy [Svetlicinii 2018a: 68].
This has already happened, for example, in sectors as telecommunications, energy, maritime and air transport, banking and insurance, in which, beside the national constraints, many other rules came out directly by the agreements between private or public operators, active in the international space. Last, in order of time, the definition of a new architecture of the international finance. Let's take, for instance, the IATA agreements for air transport, or the agreements between national systems to manage their activities on the matter of railway or postal services, and more. The same remarks may be done about the self-regulative standards applied in the sport activities, mostly promoted by international institutions with private status. Regulatory reform has paved the way to liberalization and privatization in many sectors:
energy, air transport, telecommunications and banking services, as well as to many agreements related to the best management of the new situations. All these are striking cases of adaptations by the sector markets to the new spatial dimension.
These facts highlight the direct relationship existing between expansion of globalization processes and governance systems, understanding, the latest, as the convergence of norms or networks of norms by various sources as well as by various hierarchical ranges. In fact, experience shows clearly: 1) that we must overcome the idea that only the states and national laws are the sources of the regulations; 2) that globalization is creating an increasingly fragmented international legal space; 3) at the same time that the nation-state has not disappeared with globalization and liberalization, an idea quickly abandoned; rather globalization is forcing nation-states into a vast process of transformation, adjustment and reorganization to adapt their structures and functions to new situations and overcome their own weaknesses; 4) the nationstate loses power when it grants part of its sovereignty to international institutions, but gains power when these institutions support the nation-states in implementing their policies.
In this regard, although we do not talk very much about it, all the new standards of governance at the political-legal level suggest a shift from rigid to flexible regulations. That is, a shift from legislative rules adopted by the parliaments having their reference into the jurisdiction of the ordinary courts, to more flexible rules originated in the free bargaining, both collective and individual. With the result that the jurisdiction may be relieved by the use of conciliation and arbitration.
Globalization is implying, in short, a different relationship between the nation-state and nonstate actors, which in our case play a key role in the labor market's functioning.
It is a fact that in the international arena, numerous other organizations operate alongside the states, and their number has grown a lot, especially from the second half of the twentieth century. It deals with governmental or non-governmental organizations, business associations, trade unions, multinational companies: all structures that largely end up limiting the role of the states. This applies in particular also for intergovernmental organizations which are constituted by the national go-
vernments of the states, but that ultimately take increasingly higher degrees of autonomy, going so far as to sign treaties, make rules and regulations, as well as to extend their competences, and also to multiply autonomously their numbers. Here some data to give a precise idea of what we are talking about: intergovernmental organizations were 37 in 1906, 123 in 1951, 1.039 in 1981 and 7.608 in 2011. Non-governmental organizations were 176 in 1909, 832 in 1951, 13.232 in 1981, 56.834 in 2011.
Some examples to clarify better the situation: an example of multiplication comes from the Codex Alimentarius Commission, established in 1963 by the FAO (the UN organization for food and agriculture) and WHO (World Health Organization). An example of an intergovernmental network is the Basel Committee on Banking Supervision, consisting of representatives of the 27 EU member states. An example of a hybrid public-private organization is the ISO (International Organization for Standardization). An example of a global regulator completely private entity is the IIC (International Chamber of Commerce).
All of these organizations participate together with the states, or without them, to the construction of the international regulation (the globalized administrative regulation, Kingsbury and others, 2005). In total we're talking about 2.0000 regulatory regimes.
In practice, all human activity is now governed by a regulation of different nature and sources that goes beyond the rules of a nation-state, and this has happened because in the contemporary world many issues relating to human progress could no longer be resolved at the state level. Hence the emergence of a global governance that cannot be referred to a single government, as a state institution, but to a new global governance system. Hence the question: where are we going? The global government is still a general idea, far to be a reality. In the same time the global regulatory regimes are a very complex, hybrid, system, in permanent evolution towards a situation, which some scholars call as a «governance without government» [Rosenau, Czempied 1992: 158].
4. Final remark on the contribution by the scientific community
The scientific community can offer to major development players a fundamental contribution of analysis and studies based on a methodologi-
cal interdisciplinary and systemic approach, for the best assessment of these complex processes, in particular with reference to the influence exercised on these processes by the main change factors, such as institutional, economic, social, cultural factors. All that requires the convergence and collaboration among the various scientific disciplines, and the ability to link the specific sector studies to a shared vision and understanding of current trends in the complex systems such as the transnational realities are. Choices of this nature, no doubt, are intended to open to the scientific community some new scenarios for the research activities and, at the same time, to activate new support functions especially to public decision makers.
Together with Agenda 2030, UN approved also a specific document on the new tasks and duties of the scientific world and the relationship between science and politics, the so called Science-Policy Interface (SPJ). Program (2015), a useful tool to promote a regular and systematic exchange and dialogue between scientists and policy makers. The scientific community, and the related bodies as universities and research centers, are called to adopt a methodological interdisciplinary and systemic approach, to integrate it with another approach defined as «trans-disci-plinary» - that is a method combining interdisciplinary approaches and participatory ones, with the involvement in the research processes of the various actors external to the scientific community (i. e., economic players and union's organizations) as well as of the various communities (local communities, user groups and consumers, non-governmental organizations, up to public opinion).
Additional advices have been clearly defined and approved by the Scientific Advisory Board of the UN Secretary-General as follows: science must consider well its social responsibility (i. e. it must direct its efforts according to specific values and social objectives); it must also promote the desired innovative processes ensuring that such processes are still ethically acceptable, sustainable, socially desirable. One of the main tasks that scientific world should achieve concerns also the identification and reporting of the emerging problems, defined in these terms when they are proven as such by the scientific point of view, assessed on the base of valid methodologies, confirmed by forecasting models.
Conclusions
It is noted that, in the globalization process, legal decisions can be requested by a state to another state, as it is the case of competition. These trends, which are the result of history, more than it is known, have a growing cultural importance for the purpose of the Regulatory Reform, both inside and outside the borders of a state (it is a common opinion, for instance, that in the current European system the regulatory reform necessary to build a new economic governance, should aim at enhancing just the autonomous contribution of the main private economic and social actors). This is a necessity first for the same economic players, which only in a fair and transparent environment have the possibility and find the opportunity to verify and eventually affirm the real value of their own ideas, projects and initiative. Starting from this assumption we arrive to address the issue -very topical today - of the relationship between the quality of regulatory system. In this respect, no doubt that the Law Community has to support the state to find the right balance in the evolutionary process government-governance, a basic «emerging problem» of our time.
View of Professor I. V. Shesteryakova Introduction
Nowadays globalism produces a position in the legal sphere which it occupied in the end of the XIX - the beginning of the XX centuries [Anichkov 2007: 329]. This is the situation in labor law which is partially due to globalization, rapid development of international organizations and associations. Search and making of uniform rules of world labor market regulation is also of global character. The subject of the study was international labor rules, international treaties ratified in the framework of international organizations and pools, statistic data.
We completely support the view of professor M. Ricceri that such instruments are necessary and should be created in the framework of global international organizations, some of them have already appeared in the modern period of development. Though we believe that except the organizations stated by him the International labor organization, frame and trade treaties and international contracts ratified in the framework of
international economic pools such as BRICS and others play an important role. So, uniformity and unification of the notions (rules) occur in different levels. As a result unification of law emerges which should lead to single notions, norms, comprehension and interpretation of legal rules (for example, addressing the taxation of migrants in the contracting countries) [Chowdhury 2014; Yoshimi 2016]. This is possible through labor legal integration of states, which we define as a process of mutual adaptation of labor legislation of states on the basis of international labor rules by convergence, harmonization and unification. As is known the stages of labor-legal integration are: convergence, harmonization and unification.
Materials & Methods
The methodological basis of the study was the following methods of cognition: comparison, description, classification. The subject of the study was international treaties ratified within the framework of international organizations and pools, statistical data.
Results
The results of the research are expressed in the author's conclusions.
Discussion
We believe that the adoption of uniform rules for the global labor market management is possible through the following ways:
1. As a result of globalization geo-integration in the sphere of legal labor regulation in the framework of economic block, affiliate club (BRICS, APEC, Trans-Pacific partnership, etc.), undergoes development when integration in the framework of international organizations is changed by integration in the framework of partnership agreements. This is the form of influence of the states as economic whole on the global and regional processes of labor without taking into account their territorial spatial features of location. The essential in this definition is that a part of partner-sates including BRICS do not share common borders though they actively interact in the labor legal issues and together (as partners) produce necessary influence in the region and world (for example, integration of Eurasia's agricultural sector) [Ziyadin, Kabasheva
2018: 57-59]. Thus, BRICS member-states (Brazil, Russia, China, South Africa and India) haven't been countries of active interaction in the labor migration before (except for Russia and China). Though political «turbulence» leads to economic «turbulence». Migrants from the former USSR will be followed by citizens from BRICS countries, especially from India and China. Such processes will be developing by all means in the nearest future despite all distance [Svetlicinii 2018b: 132-14].
The legal basis of labor legal integration including geo-integration in the sphere of labor regulations in the framework of economic block is international standards of ILO. The foundation of labor legal geo-integration is also rules of agreements of free trade (FTA) including legal regulation of labor issues. Today it is one of the most important «engines» of integration, economic cooperation between countries and also «a regulator» of labor market relations of countries participating in such agreements.
2. «Plain trade agreements» are followed by «multinational trade agreements». Thus a trade agreement in the framework of Trans-Pacific partnership (TPP) is called a multinational trade agreement of the 21 century enlarging the trade agreement of NAFTA It is not only the new trade agreement containing rules of labor law but also a new step towards integration and unification. It is stated that TPP will maintain and provide main labor rights. Although rules regulating labor issues in such agreements are enlarging in scope. Trade agreements include labor rules which are divided into three groups:
firstly, protection of labor rights of children and young people; minimum standards of employment and wages; prevention of occupational injuries and occupational diseases; the characteristic feature of this group of rights is that in case of right violation a number of sanctions are possible;
secondly, prohibition of forced labor; compensation in case of occupational injures and occupational diseases; protection of labor rights of migrants; elimination of discrimination in employment; equal pay for men and women;
thirdly, freedom of associations and right to organize; collective bargaining power; right to strike.
Thus, the peculiarity of labor agreements is that they strengthen both the link between trade and labor standards and the mechanism of control and application of sanctions to states that do not fulfill them. Moreover it is in these countries that uniform labor standards are established for coun-
tries covered by agreements. We believe that multilateral and bilateral treaties contain labor law regulations and influence the position of employees of TNC host-countries. As rightly observed by Ph. Alston, NAALK is not the only possibility to connect trade and labor regulations. In 1919 when the League of Nations and ILO were created it was noted that the member-states had to provide fair and human conditions of labor inside the country and in other countries where they have industrial and commercial connections [Alston 1982: 171].
3. One of the ways to establish uniform standards and rules is the activity of transnational corporations. Transnational corporations are the main actors in the global economy and integration. For example, in the economic pool of BRICS every country develops its own transnational companies and at the same time some of them «act» on the territory of states of BRICS. At present several dozen of TNCs act in the BRICS states.
TNC use international labor standards contained in the international treaties to regulate labor relations at their enterprises and at the suppliers' enterprises. Thus, internal labor legislation is being created. It exists beyond national labor legislation which regulates labor and other connected relations of a great number of employees. TNCs of the BRICS countries have Codes of conduct which allow them to create a multilayeredness of legal regulation of labor and other connected relations. As already noted, codes do not substitute for the national labor legislation though they play an important role there.
Besides TNCs through the codes of conduct establish uniform rules for the employees of their companies both in the framework of economic pools or international organizations and throughout the world. The sphere of the scope of codes is an urgent issue nowadays. In some companies this issue is stipulated in the codes themselves. For example, in the Code of Ethics of the Gerdau company (Brazil) is stipulated that the Code covers all the employees of Gerdau throughout the world. It is noted that all employees must comply with the Code without exception. The same rules are fixed in other TNCs of BRICS states, for example, in the acts of the Votorantim company is stipulated that the Code of Conduct is obligatory for all employees and should serve as a model code for the company's partners. So the codes of conduct are unifying acts not only for TNC employees in different countries but for the partner companies as well. At first it seems obvious that labor rela-
tions of the employees of the parent company of TNC are included into the sphere of labor law of the home country of the company, and labor relations of the personnel of their foreign affiliates as a rule should be regulated by the labor law the host country. However, in fact all the workers employed in the foreign affiliates of TNC are subject to labor law regulations of the home country of the headquarters of TNC (system of wages, labor rationing, collective agreements, etc.) and also of the companies' Codes of Ethics. The adoption of such codes has become new for Russia. However nowadays RF TNC and group companies of foreign TNC acting on the territory of the RF have such acts and actively apply them in their activity. Sometimes Russian employers use the experience of foreign companies but these regulations are not always applicable.
For example, the Code of Conduct of group companies of HindalcoIndustries (India) fix the possibility of applying both disciplinary sanctions to employees and the possibility of imposing fines such as freezing or suspension of payment of wages, disqualifying from further participation in the bonus programs of the company. In the Code of Conduct of the Novelis company is stipulated that the Code of Conduct is an integral part of the corporation activity and is identical to structural divisions of the company in Brazil, France, Canada, Germany, Italy, South Korea, Malaysia, Switzerland, Great Britain, USA. For an employee the violation of the code results in disciplinary punishment up to the lay off according to the national legislation of the company's home country.
As the review of the codes of conduct of the TNCs in the BRICS pool shows they are similar in content but different in the filling. Most codes pay attention to the issues of regulation of labor relations (for example, solution of issues other than those established by the states labor
legislation such as using the Internet, phones and e-mail in work hours, etc.) and the protection of the environment, issues of preserving and protection of health of the employees, their education; a clear structure of relationships between ordinary employees and company management is built up. Labor rights are usually considered as inalienable human rights. This influence seems to increase. The TNC activity will affect:
international rules, passed both by global organizations of UN and ILO and by regional organizations of CIS, EEU, etc.;
national labor legislation (for example, emergence of such a branch as corporate labor law); collective contracts and agreements. Thus in the existing social codes (for example, the open joint-stock company of «LUKOIL») such notions borrowed from international rules and foreign regulations as: actuarial valuation; outsourcing; stakeholders and others got fixed usage.
Conclusions
Thus, the peculiarity of labor agreements is that they strengthen both the link between trade and labor standards and the mechanism of control and application of sanctions to states that do not fulfill them. Moreover it is in these countries that uniform labor standards are established for countries covered by agreements. We believe that multilateral and bilateral treaties contain labor law regulations and influence the position of employees of TNC host-countries. One of the ways to establish uniform standards and rules is the activity of transnational corporations. Transnational corporations are the main actors in the global economy and integration. All mentioned above says that in the modern world it is necessary to manage the world labor market globally to adopt and interpret unified labor standards.
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References
Alston P. International Trade as an Instrument of Positive Human Rights Policy, Human Rights Quarterly, 1982, vol. 4, no. 2, p. 171.
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Yoshimi T. Welfare Implications of Currency Integration: Labour Mobility and Pricing-to-Market, Global Economic Review, 2016, vol. 45, no. 1, pp. 78-96.
Zakharova М., Przhilenskii V. Experience of legal integrations and reception by the BRICS countries: five passengers in a boat (without a dog), BRICS Law Journal, 2018, vol. 5, no. 2, pp. 4-23.
Ziyadin S., Kabasheva N. The basis initiating the Eurasian integration of the agricultural sector, Public Administration Issues, 2018, no. 5, special issue, pp. 56-67.
Информация об авторах
Марко Риччери - директор, Институт политических, экономических и социальных исследований (Eurispes) (ул. Карлиари, д. 14, Рим, Италия 00198; e-mail: info@[email protected]).
Ирина Владимировна Шестерякова - доктор юридических наук, профессор, профессор кафедры трудового права, Саратовская государственная юридическая академия (ул. Чернышевского, д. 104, Саратов, Россия 410056; e-mail: [email protected]).
Information about the authors
Marco Ricceri - general director of the Institute of Political, Economic and Social Research (Eurispes) (14 Cagliari St., Roma, 00198, Italy; e-mail: info@[email protected]).
Irina V. Shesteryakova - doctor of juridical sciences, professor, professor of the Department of the Labour Law, Saratov State Law Academy (104 Chernyshevskogo St., Saratov, 410056, Russia; e-mail: [email protected]).
Дата поступления в редакцию / Received: 10.07.2018
Дата принятия решения об опубликовании / Accepted: 10.08.2018
© М. Риччери, 2018 © И. В. Шестерякова, 2018
