Most businesses appreciate that this is the age of globalization. Indeed, managements of various organizations tend to include the aspect of going global in their strategic planning. With globalization, it has become possible to market products made, say, in the United States to various markets all over the world. “Likewise, it is now possible for multinationals to source their labor from the developing world, and this is especially since the company overheads are relatively low.” (Kana, Phoumin, & Seiichi, 2010)
The Legal Structures in Developing Countries versus Developed Countries
Developing countries have weak legal, political, and moral structures; and this means that dishonest organizations may exploit the loopholes for their own selfish gains. The ambiguity and inadequacy in law has actually been exploited by organizations like Nike, Inc. for instance, Nike has for long being accused of dealing with organizations which engage in child labor. Child labor appeals since the children ask for wages which are relatively lower that what could be demanded by the adults. Furthermore, they barely know their rights, i.e. the rights of the workers.
“In that case, they tend to be over-exploited and over-worked uncomplainingly.” (Aras &Crowther, 2011; Brickell, 2011)
In the developed world, the law is clear. Indeed, the law is strictly observed. “Any deviance results into hefty fines and/or even lengthy jail terms. In the United States, for instance, numerous rules and statutes regulate the engagement of minors in the labor force.” (Kline, 2010) Generally, employers outside the agricultural industry are not expected to hire children who are under the age of 14 years. Those who are between the ages of 14 and 16 years may be employed for a limited number of hours, but this must involve the consent of their parents or guardians. “Those between the age of 16 and 18 years may be engaged for an unlimited number of hours, as long as the roles in question are not hazardous.” (Timmerman, 2012)
The above scenario indicates that in countries such as the United States, Britain, and France, there are clear regulations; and organizations, parents, and even the children in question are able to see and differentiate what is legal from what is illegal. “This is unlike the case in most of the developing nations.” (Wetterberg, 2011) The next section addresses the theories which under which the question of engaging child labor will be addressed.
Theories about Child Labor
Observers argue that there are various causes of child-labor. There is a common belief that child-labor is caused by poverty. Indeed, it is argued that the children of the poorest parents in the community/society are more likely to engage in child labor than those whose parents happen to be middle or high income earners.
“Studies have indicated that as the wages of the parents increase, the probability of finding their children engaging in child labor is significantly diminished.” (Ang, Brown, Dehejia, & Robertson, 2012)
The second theory is that an increase in familial wealth tends to increase the level of educational attainment amongst the children in question. Once the students get educated, they are able to secure better and more stable jobs than their parents, and this means that the cycle of child-labor is curtailed. “In case this does not happen, the children who once engaged in child-labor find their own children doing the same, and the scenario end up running in the family.” (Chae-Young, 2011)
The third theory is that as the GDPs of nations increase, the members of the societies get wealthier. As such, they are able to demand for better working conditions, morality, as well as the rule of law. “Government’s address these concerns by enhancing the legal and political frameworks, and this means that challenges such as child labor are eliminated.” (Locke, 2013)
The Specific Areas of the Law
As it has been indicated, western nations and the developed world have better legal and political structures than is the case in much of the developing world. The developed world has actually been on the forefront when it comes to creating an international legal framework. “For instance, they have lobbied hard so as to ensure that the recommendations of the United Nations Convention on the Rights of the Children, i.e. CRC, are ratified by as many nations as possible.” (Locke, 2013)
Most of the recommendations of the CRC have been calling for the establishment of effective educational, social, administrative, and legislative measures which would facilitate the elimination of child-labor. Nations around the world are expected to provide the minimum ages at which the children may be considered for various employment duties. “Additionally, it is expected that there would be regulations in terms of hours as well as the definition of the penalties and sanctions which are to be imposed on those who fail to oblige.” (Islam, 2014)
Summary
The whole essence of completing the proposed report is to evaluate why a number of multinationals manage to engage child labor, or at least engage with partners who exploit the children. The paper will seek to assess whether there have been reliable reforms in this effect, and also establish if the reforms have helped in eliminating the unethical and immoral acts of child exploitation. In the end, the author hopes to make recommendations on what ought to be done so as to solve these challenges once and for all.
References
Ang, D., Brown, D., Dehejia, R., &Robertson, R. (2012, November). Public Disclosure, Reputation Sensitivity, and Labor Law Compliance: Evidence from Better Factories Cambodia. Review of Development Economics, 16(4),594-607. DOI: 10.1111/rode.12006
Aras, G., &Crowther, D. (2011). Governance and Social Responsibility: International Perspectives. Basingstoke: Palgrave Macmillan
Brickell, K. (2011, September). The 'Stubborn Stain' on Development: Gendered Meanings of Housework (Non-)Participation in Cambodia. Journal of Development Studies, 47(9), 1353-1370. DOI: 10.1080/00220388.2010.527955
Chae-Young, K. (2011, March). Children's work and the life skills education policy in Cambodia. Journal of International Development, 23(2), 262-273. DOI: 10.1002/jid.1767
Gibney, M., &Skogly, S. (2012). Universal Human Rights and Extraterritorial Obligations. Philadelphia, Pennsylvania: University of Pennsylvania Press
Islam, M.A. (2014). Social Compliance Accounting: Managing Legitimacy in Global Supply Chains. Berlin: Springer
Kana, M., Phoumin, H., &Seiichi, F. (2010, September). Does Child Labour Have a Negative Impact on Child Education and Health? A Case Study in Rural Cambodia. Oxford Development Studies, 38(3), 357-382. DOI: 10.1080/13600818.2010.505682
References
Kline, J. (2010). Ethics for International Business: Decision-Making in a Global Political Economy. London: Routledge
Locke, R.M. (2013). The Promise and Limits of Private Power: Promoting Labor Standards in a Global Economy. Cambridge, England: Cambridge University Press
Timmerman, K. (2012). Where am I Wearing: A Global Tour to the Countries, Factories, and People That Make Our Clothes? Hoboken, NJ, United States of America: John Wiley & Sons
Wetterberg, A. (2011, February). Public-private partnership in labor standards governance: Better factories Cambodia. Public Administration & Development, 31(1),64-73. DOI: 10.1002/pad.589