Study On Some Legal Questions Of Labor Rights Protection Responsibility Of The Multi-National Corporation

Multi-National Corporation is one of the main promoters of the globalization of economy, it plays animportant role on the global economy. While promoting world’s economic development, theMulti-National companies also caused environmental pollution, harm the interests of consumers andlabor rights of the host country.Multi-National companies have tremendous strength, by which it may leadto serious result. It is very hard for relevant countries to control and regulate them. Therefore,Multi-National companies have responsibility to eliminate the negative effects of the economicglobalization.Stronger as the power is, the greater the responsibility comes. The stronger have an naturalmoral responsibility for the to society, which is reached a consensus in both ancient and modern period.Corporate social responsibility theory broke through the concept the shareholder value is the highest inthe traditional company law theory.It is commonly thought that the company pursue the overall interests ofstakeholders, rather than the interests of the individuals.The development of the company involvesnumerous stakeholders, including stockholders, employees, customers, its suppliers, local government andcommunity and so on. These stakeholders is closely related to the development of the company, themanagement must give full consideration to their interests when make decisions.Employees are important stakeholders, the scope of the multinational corporation socialresponsibility. It is very common in recent years that the Multi-National Corporation violate the labor’sinterest by find a suppliers in the host country, which mainly through an indirect form.In order to obtainthe product market price competitiveness, the Multi-National Corporation tend to hold down the purchaseprice, in order to reduce its supply chain cost. The suppliers was forced to lower the cost to gain the orders,so it can’t take care of employees sufficiently. As a result, the lack of responsibility of the protection oflabor rights appears. The main performance is ignoring the working environment and safety protection,making labor work overtime, exploring child labor, and make the labor appeal rights not guaranteed. All ofthese do negative impact to the physical and mental health of workers, and damage to the labor rights indifferent levels.There are two main methods of regulation for the lack of social responsibility of Multi-National companies. The internal regulation means the multinational companies formulate its internal behavior rulesthat the company’s global subsidiaries and suppliers must abide by some labor standards in the process ofits production and operation.If the supplier and contractor do not abide by the production code, thecompany could cancel the order contract with them. The external regulation mainly refers to the normsthrough which the level of domestic law and international law regulation to regulate the corporations.Eachkind of regulation has its advantages and disadvantages. The internal regulation performance mainlydepends on the company’s voluntary enforcement and the supervision of public opinion, and it do not havelegal enforcement power, so is likely to become a multinational company of public relations tools. Thesxternal regulation of the international law’s force is stronger, but so far social it is hard to formulate aunified international convention for it requires a long process.And the international convention for theapplicable premise is it must be signed by a member of the convention to converse of the international lawinto domestic law.By contrast, the "soft law" regulation set by the inter-governmental internationalorganizations is more flexibility and feasibility.On the basis of the current codes，we should not only pushforward the development of the international "hard law" formulation, but also support non-governmentalorganizations participate in the cooperation, we should formulate and development to promote the "hardlaw" standard, but also to support the involvement of non-governmental organizations cooperation, makethe "soft law" as the important supplement of the international "hard law" regulation, to jointly promotethe perfect regulation system of social responsibility of multinational.It is very serious that the Multi-National Corporation in our country harm the interest of the workers,We have to take effective methods to avoid the bugs of the regulatory methods, and build the regulatorysystem on the basis of legislation. So we could guide the Multi-National Corporation to fulfil the duty ofprotecting the worker’s interest.