Corporate Social Responsibility And Sa8000 Standards

The theory of corporate social responsibility advocates that the corporations should positively undertake the social accountability except for pursuing the profit, theproposition has been wide accepted by the academic circles. In the field of international trade the authentication of SA8000 International Standard that is initiated by the multinational corporations and NGOs among the people in the developed countries emphasize that corporation should bear the social accountability, especially bear the liability of protecting the lawful rights and interests of the workers and it is regarded as anaimof SA8000 , the government of the developed countries attempt to look on the SA8000 International Standard as a new-style non-tarriff barrister of intemational trade, and to weaken the competiveness of importing their products in the developing countries by means of using it, in order to protect their domestic industries and markets.SA8000 Intemational Standard is drawn up on the basis of several core labor standards of ILO and the children rights convention of UN and the statement of human rights of the world and so on. It includes some generally acknowledged thoughts by the man, its main content includes the teen-aged workers, the work of the forced workers, the healthy and safety of occupation, the freedom of forming an association and the right of collective bargaining, the equal right to employment, the measure of punishment, the work time, the work wages and etc.The article will be divided into four parts, we will analyze and elaborate the barrister of labor standard that just interest some people who are on the business in detail.In Part Ⅰ, we introduced the background information of emerging the theory of the corporate social obligation, its main characteristic and fundamental content of the theory.In Part Ⅱ, we let known the background infonnation and the reason of engendering the SA8000 Intemational Standard, its main content and some questions related to the standardIn Part Ⅲ, the legal system of labor law in China that is on the operation was compared with the content of the Standard from eights respects; we analyzed the insufficiencies and disparity in our legal system of labor law. The analysis can be stated specific as follows.The litigation of teen-aged workers of China has too many exceptional stipulations;it isn't in accordance with the vitality of the 138th convention of DjO, which is at any situation the lowest age for the people who can be allowed to work is no less than 15. The main questions in the litigation of forcing the people to work are that the legal system of transformation by forcing the people to work and bringing up by the same manner have violate the basic human rights sincerely and the enopfoyee usually detain the archives of workers that have a distinguishing feature of Giim and klentifk^ons of the workers and fiont money and etc. Our country attach impoitance to tteliti^tion of the healthy and safety of occupation, but the stipiiMon of taboo for the wrrmwcdfflr to work and the stipulation of work defense for the outdoor work when the outdoor temperature is very higher don't exist For the right of forming an association and collective bargaining there are some a^estions, for example, the labor union is not set up in freedom, it must be examined and approved by the government, the litigation about the right of strike for workeis doesn't exist too, the provisfons of the revoking and emerging labor union are too ambiguous, the scope of collective bargaining is too cramped, the employee rale for the collective bargaining in the corporate grade isn't obvious, as fer as industrious and professional collective bargaining can't be strictly enforcedOur employment system on operation there are househoW register discnrnination, gender discrimination and sexual harass that can be regarded as a style of gender discrimination. For the litigation of the measure of punishment there are many questions, for example, the related provisions of the labor law are too anfciguctis, some companfes punish the workers by the deductment of wages, the measure of punishment obviously violate the SA8000 International Standard For the time of work some stipulations of labor act are contradict with adkninistratrve laws and regulations. The piovisions of standard time of work outstrip our prcxiuctivity level; the phenomena that the corporations demand the workers working overtime beyc^ the cxMstit^^ are very serious. As fer as the wages of work, the scope of the stpdatfons of the lowest wages that can be adopted is too limited, it eliminate the woikeismcouity it can't protect the lawful rights and interests of all workers equaUy. The standard of the lowest wages can't be carried out because the law isn't strictly enforced, the workers are behind in payment and the employee deducts the wages usually. The system of collective bargaining for wages isn't popularized because it face to irmy difficulties andetc.In Part iy we are in the light of proposing some countermeasures and proposal in order to perfect the litigation of labor law and related policy. Hie perfection of the system of the labor law is not only beneficial for our corporations avoiding the barrister of labor standard in the infield of international trade, but also for ultimate protecting the legal rights and interests of workers in our country and the fulfillment of the harmony development in the politics, society and economy. It is also important that the system of labor law is modified and perfected for the fijlfillment of social fairness and justice.Vfe attempted to compare our labor law with SA8000 and found its insufficiencies and disparity, then proposed some advice on the basis of the analysis, so as to realize the aim of protecting the legal rights and interests of the workers when the corporations participated in the competiveness of the international trade, and finally brought about the social fairness and justice.