Asian Journal of Social Science
Volume 40, Issue 4, 2014, Pages 509-523+366

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

Sundra-Karean V.* , Syed Ahmad S.S.
  • a Faculty of Business and Law, University of Southern Queensland, Australia
  • b University of Malaya, Malaysia, Faculty of Law, United Kingdom

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 financial 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-à-vis CSR and other soft law mechanisms for blue-collar migrant workers are offfered. 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. © Koninklijke Brill NV, 2012.

Author Keywords

Corporate social responsibility (CSR) Blue-collar migrant workers Hybrid labour regulation labour law Malaysia

Index Keywords

labor migration social impact regulatory framework financial crisis labor policy governance approach Malaysia migrant worker workplace

Link
https://www.scopus.com/inward/record.uri?eid=2-s2.0-84910614143&doi=10.1163%2f15685314-12341245&partnerID=40&md5=13ca6d79b82063134649ddd39e20fc66

DOI: 10.1163/15685314-12341245
ISSN: 15684849
Cited by: 1
Original Language: English