Abstract
The professional landscape of work continues to change and a significant contribution to this transformation is the emergence of globalisation, which introduced global value chains. These chains, established on the foundation of TNCs, operate and procure their goods across many jurisdictions. This dissertation examines the complexities of global value chains and the business activities of South African TNCS in adhering to labour standards and human rights laws. It critically examines the gaps in legal frameworks that fail to hold TNCs accountable for labour law violations and human rights abuses, especially among vulnerable workers. The study employs a doctrinal, comparative and law reform methodology to review international, regional and domestic legal frameworks, highlighting the need for enhanced corporate accountability, transparency, and due diligence.
This study highlights the disparities in protection between employees of transnational corporations in their host countries and those in these TNCs’ supply chains, with a focus on South African transnational businesses that use extraterritorial labour. This dissertation recommends incorporating compulsory human rights due diligence, creating redress mechanisms, and encouraging sustainable activities in global value chains. It aims to address the legal and regulatory gaps in GVCs by facilitating collaboration among governments, corporations, and international and regional actors. These measures are critical for achieving decent work, preventing labour exploitation, and improving socioeconomic justice in corporate frameworks. By expanding the duty of care, this study explains how legal reforms can improve accountability, encourage decent work, and ultimately contribute to social justice in this globalised economy.
This study adds to the growing body of discourse on corporate social responsibility, labour rights, and the changing nature of governance of the world economy by stressing the importance of a new development model that is more responsive to the needs of the global economy.