The role of corporate social responsibility and soft law options in the protection of migrant workers' interests in host countries: the case of Malaysia

Sundra-Karean, Vanitha and Syed Ahmad, Sharifah Suhanah (2012) The role of corporate social responsibility and soft law options in the protection of migrant workers' interests in host countries: the case of Malaysia. Asian Journal of Social Science, 40 (4). pp. 509-523. ISSN 1568-4849

Abstract

This article examines the potential for corporate social responsibility (CSR) and other soft law initiatives in generating change for blue-collar migrant workers in the Malaysian workplace. We explain the absence thus far of adequate protection for blue-collar migrant labour in formal law and corporate governance from a 'path-dependence' perspective and examine the potential of soft law options and government policies on labour migration as possible catalysts of change. The impact of the 1997 Asian fijinancial crisis in creating new corporate governance rules and government support for the development of CSR is discussed along with international initiatives, such as the United Nations Global Compact, whereby Malaysian companies have committed to playing a positive role in creating favourable outcomes for labour and human rights. Avenues of development vis-a-vis CSR and other soft law mechanisms for blue-collar migrant workers are offered. We conclude with a comment on the trajectory for CSR, soft law options and blue-collar migrant employee relations in Malaysia by highlighting the potential for hybrid labour regulation, whereby soft law may be hardened through creative methods of interpretation by the courts.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: © Koninklijke Brill NV, Leiden, 2012. Permanent restricted access to published version due to publisher copyright policy.
Faculty / Department / School: Historic - Faculty of Business and Law - School of Law
Date Deposited: 19 Dec 2012 11:40
Last Modified: 22 Sep 2017 01:54
Uncontrolled Keywords: hybrid labour regulation; migrant labour; human rights; corporate social responsibility; Malaysia; blue-collar migrant workers
Fields of Research : 16 Studies in Human Society > 1605 Policy and Administration > 160512 Social Policy
22 Philosophy and Religious Studies > 2201 Applied Ethics > 220102 Business Ethics
18 Law and Legal Studies > 1801 Law > 180118 Labour Law
Socio-Economic Objective: C Society > 94 Law, Politics and Community Services > 9405 Work and Institutional Development > 940599 Work and Institutional Development not elsewhere classified
Identification Number or DOI: 10.1163/15685314-12341245
URI: http://eprints.usq.edu.au/id/eprint/22544

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