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Nike has admitted mistakes on child labor

2021-03-30 来源: 51Due教员组 类别: Essay范文

下面为大家整理一篇优秀的essay代写范文-供大家参考学习,这篇论文讨论了耐克非法雇佣童工。2001年,耐克公司被发现在巴基斯坦和柬埔寨地区非法雇佣童工,这种行为无疑触犯了商业道德的底线。尽管耐克试图反驳,指出在这些国家很难找到出生证明,但它仍然雇佣了海外工厂的童工。从商法的角度来看,耐克违反了商业道德和社会责任的几个方面,通过违约行为形成了过失,欺诈侵犯了 FLSA。有论文需要帮忙的亲亲可以联系我们的专属客服进行咨询喔~

 

In year 2001, Nike admitted to its mistakes on child labor in Pakistan and Cambodia in its corporate responsibility report. It tried to convince critics that the employment was accidental by stating that age verification was difficult to realize in these countries.  Meanwhile, it was also concerned that the level of wage was not decent towards its employees as Nike usually claims.

To begin with, Nike’s conduct was not in line with business ethics. A company shall hire and retain employees and pay for unethical conducts for the benefits of its ethical behavior. In this case, Nike was responsible to its factory workers in Pakistan and Cambodia, no matter what recruitment it used. Despite the fact that Nike tried to avoid criticism by stating that birth certificate was hard to attain in these countries, it still hired child labor in poverty in overseas factories. To keep its price low, Nike did not pay decent wages to labors or allowed them to work longer hours. This is likely to bring bad influence to the company from stakeholders, customers, and regulation. Stakeholders will worry about the image of the company they invest in and consider options against this mistake from management. Customers are very likely to oppose to such misconduct and refuse to buy Nike products in the future. The regulation, on the other hand, is likely to investigate Nike if any lawsuit is brought to the table.

What is more, Nike has conducted breach of duty and negligence by hiring child labor in overseas factories. The legislation has set a minimum standard of care for its production activities in order to protect underage labors, while Nike’s factories in Pakistan and Cambodia had harmed the labors they recruited. This made the Nike Company as negligent as presumed. According to the 14th amendment of the constitutional law, the Equal Protection Clause state that strict scrutiny shall be placed against any intentionally discrimination against racial or ethnic minorities, including underage workers. As a result, the government might take action and interfere with the misconduct of an international corporation as Nike. The statement made by Nike’s management is weak, stating that Nike is unaware of the situation and would never do it on purpose. However, it is difficult for Nike to argue why does its factory choose to overlook the age of those workers and simply take in whatever the employees provide as their identification certificate.

Finally, Nike has violated the Fair Labor Standards Act (FLSA) by conducting fraud in its contracts. The FLSA regulated on minimum wage, overtime, and child labor specifically for employers. For example, the minimum wage for hourly workers is $7.25 per hour and work beyond 40 hours a week counts as overtime. It also state that any work time or on call are entitled to be paid by the employer. In terms of child labor, children under 16 may only work in agriculture and entertainment, or limited hours after school. However, the Nike factory in Pakistan and Cambodia not only made those under 14 work long hours in the sweatshop, but also paid them much less than normal workers in the U.S. In the contracts Nike signed with its employees, Nike promised to provide acceptable and satisfying work environment as despondence in accordance to the legality and capacity clauses. However, the reality was that Nike made them work overtime in a horrible place without decent pay. Therefore, Nike conducted fraud in its contract with factory employees. The unfair treatment to child labor would harm those in poverty and abuse their hard work.

In conclusion, from the angle of business law, Nike had violated several aspects of business ethics and social responsibility, formed negligence through the breach of duty, and violated the FLSA by conducting fraud. It is likely that the public opinion would plummet on Nike and it would pay for what it has done.


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