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Labor Law Vision Of Corporate Social Responsibility

Posted on:2006-11-21Degree:MasterType:Thesis
Country:ChinaCandidate:Y J ZhangFull Text:PDF
GTID:2206360152985899Subject:Economic Law
Abstract/Summary:PDF Full Text Request
It's been an important concept for an enterprise to have socialresponsibilities since the 20th century, which is also the foundamentalprinciple to build a harmonious relationship between an enterprise and thesociety. Corporate social responsibility mean the company shouldconsider not only the profits of the shareholdes but also the interest of anyside concerned, which has an influence on every aspect of the enterprise'srunning. Carrying Corporate social responsibility, as an abstract concept,itself is moral concept, so we should explore how to use it into our reallife, or it will be a pure moral appeal and it will only be a slogan. To thesemeans of how to realize the responsibilities, western scholars oftenclassify them into corporate governance, such as reforms of directors'duties and responsibilities in order to strengthen the enterprise'sresponsibilities in America. In Europe some scholars attach importance tothe protection of the laborers and have methods in the management, suchas in Germany Holland Sweden and Norway scholars put creditresponsibilities of the directors aside and let laborers and shareholdersmake big decisions and policies. In China in Corporate Law, it is clearlystated that corporations should bear social responsibilities. But from thedefinition of the concept social responsibilities mean the corporationsshould concern about the other sides' interest. The other sides includeemployees consumers creditors competitors and environment. From mypoint of view the social responsibilities can't be realized only byCorporation Law and western scholars aren't correct on this point. To theprotection of laborers' interest , the effective ways are different lawswhich are better than them taking part in the company's control. Toconsumers' interest the effective measures are the control of the products'safety strengthening compensating and revealing the components andfunctions but not to let the representatives into the board. Aboutstimulating companies' donation and charity nothing is more useful thantax laws. As to protect the environment coercive measures are morereliable than companies' self restraints. Professor HANSMAN thinksexcept the shareholders the other sides' interest can be fulfilled throughlaws contracts and supervision of the government. If we initiate socialresponsibilities we should take root in the whole social legal systems butnot just be confined in a single law, just as Corporation Law. In market economy capital is the mother of the fortune and labor isthe father. Labor and shareholders are regarded as the masters of themodern enterprises. Labors are the most important people who areconcerned with interest and things about their duties and rights are themost important and direct content. Labor law regulates labors' differentduties and rights which can protect laborers. Then inquiry into Corporatesocial responsibility is directly aimed at labor laws. From the practice inChina we have set up basic systems of labor laws, but the protections ofthe labors are not very effective and infringing laborers' rights can beseen very often. Labor laws which appear as regulations don't give fullyplay to enterprises which should carry on social responsibilities. Can wefind other ways to urge enterprises to bear responsibilities? Legal systemsshould be pluralism ,apart from formulating laws, other laws amongpeople also exist and these laws can make up revise and developformulating laws. From grass roots laws we can observe whether thereare ways to urge enterprises to bear social responsibilities. In somecoastal cities production principles bring great influences which come outas grass roots laws. The core of them is based on internationalorganizations' key standards for laborers and enterprises executiveproduction principles just as to implement labor standards which fullyembodies not only the production but the enterprises' attitude to socialresponsibilities. With international companies' promotion, production principles areput into practice quickly and it's covered from the coast to...
Keywords/Search Tags:Labour law, Corporate social responsibility, Code of Conduct
PDF Full Text Request
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