The International Law On Protecting The Multinational Corporation’s Labor

The international labor standard is a system of regulating global labor issues, but in the current international society, a mandatory implementation of the Convention of international labor standards and accountability framework does not exist.As the multinational corporation is constrained by the main host and home country labor laws at the same time, the constraint effect just passable,"sweatshop" events emerge in an endless stream. At the national level, international conventions, which do not have enforcement powers and sanctions, into voluntary approval form. For the multinational corporation itself, the voluntary implementation of the production code has various forms, instead of content and external supervision and uniform implementation mechanism, leading to the multinational corporation often ignore the labor rights, and obtain improper benefits at the expense of the labor rights and interests.Labor rights theory origins from corporate social responsibility, which has experienced the early corporate social responsibility in a narrow sense, to the later, social response theory, the company social performance theory, and then to the stakeholder theory and the corporate citizenship theory, involving human rights, labor rights, the environment and anti-corruption and so on. The theory of corporate social responsibility has been researched for many times, so in this paper we don’t do this theory introduction. We will discuss labor rights theory which is separated from the corporate social responsibility theory.When the international community at the mention of labor rights, it is often put on a par with labor standards.As well as labor rights, labor standards do not have a uniform definition. In1998in a declaration file of the ILO, the freedom of association and collective bargaining, the abolition of forced labor, abolition of child labor and oppose discrimination, equal pay for equal work are defined as four core labor rights. Scholars call these four core labor rights as political rights, the other about wages and working hours, occupation safety and health rights as economic rights.The theory or practice about this problem attains more and more attention. In American, people complain about the low product price which occupies the American workers employment opportunities, and that the price advantage is built on the occupation of workers rights, therefore, the developed countries led by the U.S. support writing labor standards in WTO agreement, implementing labor standards with trade sanctions. After China’s accession to WTO, in the field of trade we cannot completely avoid such issues related to international labor standards as homeboy products and so on.Developing countries worry that the developed countries will consider labor standards as trade barriers, thus produce the huge differences in labor standards issue. The focus of theorists dispute on whether there is a need to link international labor standards with trade sanctions, to the implementation of international labor standards to protect labor rights effect problem, in practice, there are views and ideas on whether International Labor Organization or the world trade organization should be the center to the implementation of international labor standards.After a worldwide unified labor standards frustrated,countries led by American and the European Union, on the one hand, take measures of domestic legislation, GSP forced or incentive of unilateral trade measures to force or induce theirs’ trading partners to accept international labor standards, on the other hand,use bilateral or regional trade agreement to implement international labor standards. Although the performance of developed countries,the European Union and American is full of hegemony color, undeniable, in this way the implementation of international labor standards is effective. In addition to the way of agreement to implement international labor standards, the activities of the ILO, soft law, GSP, codes of conduct and so on, at present, a variety of means coexist and complement each other, constitute the unique circumstances of the implementation of international labor standards.There is the main trend in the implementation of international labor standards in the future, not only through legislation to enforce the international labor standards, more important is through the related system construction to protect the labor rights.