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Global Framework Agreements : A Response to Urgent Global Labour Concerns

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Author

  • Fabiana Avelar Pereira

Summary, in English

This dissertation is developed against the background of globalisation and the rise of a new type of instrument used to deal with the accompanying developments. These instruments are designated by the present dissertation as global framework agreements (GFAs). They constitute a written compromise, signed between global union federations and multinational enterprises, setting rights-based minimum standards throughout a company’s global operations, including its suppliers and subcontractors. The development of these agreements, both in terms of number and content, has originated a new generation of global framework agreements whose placement within the concept of collective agreement can indeed be discussed. These are designated as global collective agreements (GCAs). Global collective agreements have emerged in a similar context to the development of collective agreement at the national level. They have developed in a regulative vacuum, now being filled with instruments akin to collective agreements. Hence, the identification of a set of core features that compose the collective agreement as a concept are identified and analysed in relation to global framework agreements. Some elements are more contentious than others and require special attention, namely the binding character and the agreement’s enforcement as an expression of this bindingness. Likewise, the relationship between these agreements and other sets of rules at both the international and domestic level add further problematics that need to be highlight. The analysis and comprehensive understanding of these agreements is further complemented through a content analysis, based on an examination of the agreement’s parties, content, scope, implementation, and enforcement mechanisms. The empirical work carried out in the form of interviews provides added insights into the functioning, usage, and actual impact of two selected agreements. The findings show that, while the agreements are indeed used, they have resulted in different outcomes in terms of enforcement. Moreover, the usage of these agreements beyond the formally instituted mechanisms is unveiled through the interviews. Tensions, distrust, and dissemination issues are further identified. The agreements selected as the focus of the empirical work are identified as global collective agreements and their impact and implementation are evaluated through interviews conducted with various stakeholders.

Publishing year

2021-08-25

Language

English

Document type

Dissertation

Publisher

Lund University (Media-Tryck)

Topic

  • Law

Keywords

  • collective agreement
  • corporate discourse
  • corporate social responsibility
  • empirical work in law
  • global collective agreements
  • global framework agreements
  • international labour law
  • legitimacy theory
  • stakeholder theory

Status

Published

ISBN/ISSN/Other

  • ISBN: 978-91-7895-940-2
  • ISBN: 978-91-7895-939-6

Defence date

16 September 2021

Defence time

13:15

Defence place

Karlssonsalen

Opponent

  • Tonia Novitz (Professor)