A Case Study of Ethical Issues at Gucci in Shenzhen, China

This paper examines the ethical issues surrounding labor abuses at Gucci's flagship store in Shenzhen, China. It analyzes the reasons behind these abuses, including moral relativism, economic priorities, and lax enforcement of labor laws. The paper then explores two ethical perspectives, Confucian ethics and modern labor rights theory, to provide a framework for understanding the ethical dimensions of the case. Finally, it identifies key stakeholders and proposes solutions for preventing future abuses, including the development of industry-wide codes of ethics, employee empowerment, government intervention, and international collaboration.

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A case study of ethical issue at Gucci in Shenzhen, China
Article in Asian Journal of Business Ethics · July 2012
DOI: 10.1007/s13520-012-0024-6
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A case study of ethical issue at Gucci in Shenzhen, China
Li Wang & Robin Stanley Snell
Received: 27 February 2012 / Accepted: 25 September 2012 / Published online: 9 October 2012
# Springer Science+Business Media Dordrecht 2012
Introduction
Gucci is a multinational company with over 270 directly operated stores worldwide,
serving customers of elite goods, and generating billions of dollars revenue per year.
It has an iconic, even noble, luxury brand image in the Greater China region, where
its revenue increased by 35.6% in the first half of year 2011. Gucci has expressed its
intention to accelerate the process of opening stores on the Chinese mainland.
Recently, however, the company came under fire after five former employees from
its flagship store in Shenzhen revealed information online about inhumane working
conditions and labor mistreatment in the company. This paper focuses on events that
took place in a Gucci flagship store located in Shenzhen, China.
This paper has two main research objectives. The first is to analyze why labor
abuses (as exemplified in the Gucci case) are allowed to occur and persist in foreign-
invested firms that are located in the People’s Republic of China (PRC). The second
is to develop a multi-stakeholder approach to preventing further abuses of this kind.
The next section provides a description of the case, focusing on the ethically
problematic labor management practices and arrangements and noting some legal
violations. We shall then present three propositions regarding why some foreign firms
operating in the PRC and host local governments ignore and/or tolerate labor abuses
of this kind. We follow this with a section in which we apply two different
approaches, traditional Confucian ethics on the one hand and modern labor rights
Asian J Bus Ethics (2013) 2:173–183
DOI 10.1007/s13520-012-0024-6
L. Wang (*)
Lingnan University, 12D, Block B, Chong Yip Center, Whitty Street, Hong Kong Island, Hong Kong
e-mail: [e-mail]
L. Wang
e-mail: [e-mail]
R. S. Snell
Lingnan University, Room 209/3, 2/F, Simon and Eleanor Kwok Building, 8 Castle Peak Road,
Tuen Mun, Hong Kong
e-mail: [e-mail]

theory on the other, to provide a robust ethical basis for stakeholders to argue from,
while taking action to persuade others that such malpractices are ethically unaccept-
able. Next, after identifying four stakeholders for the Gucci case, we suggest how
each of them may play a role in discontinuing and/or preventing future labor abuses.
We conclude with some further theoretical and managerial implications.
Case description
The employees’ complaints
On 8 October 2011, an open letter—<A Public Letter to the Top Management
of Gucci from Former Employees who resigned collectively> was spread on the
Internet. This letter was written by five former employees of the Gucci Shenz-
hen Flagship Store. In the letter, they alleged that employees caught an occu-
pational disease, that there was one miscarriage attributable to excessive
working hours and that there was no compensation for these hardships. More-
over, they stated that there were excessive restrictions on employees’ behavior,
including the need to obtain permission before getting a drink or a snack, and
strict limitations on toilet time. They stated that, while the restrictions were
applied strictly to all frontline employees, including one who was pregnant,
they were not applied to the managers. The letter also claimed that the employ-
ees had to pay compensation for any product that was stolen or went missing,
even though these luxury products had already been insured. They also criti-
cized Gucci’s goods exchange policies which appeared to be arbitrary and
dependent on the manager’s mood. All in all, they accused Gucci of lacking
systematic and humane management and complained that their rights and
dignity were being violated.
Once revealed online, this report aroused widespread discussion among Internet
users. Further information emerged, suggesting that the case also involved falsifica-
tion of records about working hours, and the imposition of forced, unpaid overtime
work. Gucci implemented a system of working one full day, followed by a day off.
Officially, 1 day’s work was about 10 h. But the workers complained that, on their
working days, they were required to clock off at a certain time to establish a false
electronic record, and then continue their work, counting goods until two or three
o’clock in the morning without compensation.
Some netizens labeled Gucci as a “sweatshop.” Many opined that the labor
management practices of some multinational companies and brand owners failed to
match their international status. Several days later, the Gucci headquarters in China
issued a statement, saying that “Gucci does not and will not endorse or tolerate the
alleged malpractices.” Gucci also stated that that the company had conducted thor-
ough investigations and had implemented a series of measures, including the replace-
ment of the store manager and assistant store manager. Meanwhile, the Human
Resources Bureau within the Legal Department of Shenzhen’s Luohu District said
they would further investigate the case. On 26 October 2011, Gucci and the former
employees eventually arrived at a settlement in conjunction with Shenzhen Federa-
tion of Trade Unions.
174 L. Wang, R.S. Snell

How Gucci used the labor dispatch system
Dispatch is a labor management model which separates recruitment from employ-
ment. Relationships under the dispatch system are portrayed in Fig. 1. The employee
leasing companies have labor contracts with the workers, and they send workers to
other companies in which these workers actually work. The labor contract relation-
ship exists between the employee leasing companies and the dispatched workers, but
the actual working relationship is between the workers and the companies in which
they work.
In this form of employment, the company which actually “use” these workers is
only responsible for paying wages, while other aspects, including social security and
dismissal compensation are passed on to the employee leasing company. The labor
dispatch arrangement serves to reduce the user companies’ costs and contractual
responsibilities for the employee. They can incur lower training costs and are not
required to make social security arrangements. Because of these features, this em-
ployment model is widely used in China. The Gucci stores in Shenzhen actually
adopted an even more complex dispatch system, involving at least three employee
leasing companies that were located in Shanghai.
Legal considerations
One legal consideration is that, although the labor dispatch system has been officially
adopted as way of arranging temporary employment only, Gucci used the system to
employ people for durations of more than 2 years. Another is that many of the Gucci
store employees are female and that pregnant employees legally enjoy special labor
protection. According to the “Labor Contract Law,” female workers during their
pregnancy should not participate in the state’s third-grade physical intensive work.
Such work is deemed not suitable for female workers; for female workers who are
more than 7 months pregnant, there should be no overtime work, and they should not
be required to join night shifts. Furthermore, it is a legal requirement that sufficient
rest periods should be arranged for such employees.PlacementAgreement ServiceCharge PaidInsurance CoverWagesPaidLabor ContractWorkingRelationshipUser Company, where theworkers actually workEmployee LeasingCompanyEmployee
Fig. 1 Relationships under the dispatch system
Ethical issues at Gucci in Shenzhen, China 175

Why do labor abuses happen in China?
Underpinning the legal considerations, the basic ethical issue in this case is the
violation of labor rights, through non-remunerated and forced work, inhuman
restrictions, and other unreasonable policies. Gucci is by no means the first
multinational company that has been accused of operating a “sweatshop” in
Asia. For example, Nike was involved in abusive practices in Indonesia
(Krueger 2007). What is especially interesting about this case is that it involves
retail employees rather than factory workers. Also notable is that such labor abuses
are generally uncommon in the Western countries, where these multinational corpo-
rations (MNCs) are quartered. Why did they come to China and “collectively fall ill”?
We envisage that there are three possible reasons: First, overtime work without
payment and other illegal employment arrangements are tolerated among local firms,
and when foreign brands and multinational companies come to China, it is an easy
temptation for them to slide into these malpractices, while giving themselves the
excuse that it is a way of “adapting to the environment” (Hofstede 1993), i.e., moral
relativism. Hence,
Proposition One: A philosophy of moral relativism allows some foreign firms in
China to level down to abusive but locally condoned labor management
practices.
The second possible reason for the persistence of labor abuses in China involving
MNCs is that these large companies do not pay attention to the labor laws, let alone
lobby to strengthen the laws and their enforcement, because they think their invest-
ment will furnish the local government with a good-looking GDP and that this is all
that matters to them. Hence,
Proposition Two: Some foreign firms in China are preoccupied with economic
goals, assume that local governments share their preoccupation, and believe that,
because of shared economic imperatives, they can ignore the labor laws with
impunity (Gao 2009; Ip 2009; McDonald 1995).
The third reason is closely related to the second one and concerns how the
pressures faced by local governments are reflected in their actual preoccupations.
Despite movement toward the balancing of economic imperatives with social and
environmental concerns under the “Harmonious Society” policy platform (See 2009),
local governments still remain under pressure to meet economic targets. Although
there is a considerable body of labor laws in the PRC, officials may perceive there is
little risk of being punished if it is discovered that they have failed to enforce them.
Furthermore, some local governments may be afraid that the strict implementation of
the labor law will drive investors away and may consciously turn a blind eye to illegal
and unethical practices by firms under their purview, resulting in lax monitoring and
non-enforcement.
Proposition Three: Because some local governments perceive that economic
imperatives override social responsibility concerns, they are lax in enforcing
labor laws.
176 L. Wang, R.S. Snell

Two perspectives—how can we tell right from wrong?
We shall draw on two very different perspectives to conduct a moral evalu-
ation of the labor management practices in the Gucci case. The first perspec-
tive is that of traditional Confucian ethics, the second is modern labor rights
theory.
1. Confucianism
The core of Confucian ethics is comprised of five values. We shall focus on three
of them—Ren, Yi, and Li. Ren is a capacity for compassion or benevolence for fellow
humans. It is essentially expressed in social relationships. One can have a harmonious
relationship with others and thinking about others’ stakes when doing business draws
on Ren (Wang and Juslin 2009). In effect, Ren expresses the Confucian formulation
of the Golden Rule: People should not do to others things that they do not want others
to do to them. Consideration for others, caring for others, and loving others means
Ren. By contrast, in the Gucci case, the management operates only with the economic
interest of company in mind, with no regard for workers’ basic needs. It abused the
dispatch system for the sole purpose of lowering the cost of hiring people, without
considering workers’ needs for adequate salaries, social insurance, training … etc,
thereby failing to practice Ren.
Of equal importance in Confucian ethics is Yi, which concerns the morality of
righteousness. It is the capacity to discern appropriateness and the right direction for
actions, relationships, and other human matters. Helping people when they are in
need is one expression of Yi, but in the Gucci case, Yi is absent. For example, the
employee who was pregnant should have been treated with special care, and help
should have been given to her when she needed it, but to the contrary, long working
hours and strict working restrictions led to her miscarriage.
Third, Confucian morality is regulated by Li, or decorum. This consists of a body
of norms, rites, and unwritten understandings that govern and regulate social action in
every aspect of daily endeavor (Lau 1992). Respecting people and their dignity
involves Li, but according to the employees’ allegations, the management did not
respect their dignity. Subject to many unreasonable restrictions, they were treated as if
they were mere instruments to make money, rather than as human beings with dignity,
and did not receive due respect and appropriate treatment.
A related aspect of Confucianism concerns the respective duties of the parties in a
dyadic relationship. The junior party has the obligation to serve and obey the senior
party, and the senior party has the responsibility to teach, lead, and look after the
junior party. Applied to modern employment relationships, this would entail a benign
arrangement under which the employees would be recognized and cherished as a key
stakeholder group of the company, with which the company would build and
maintain a cooperative relationship and seek win–win outcomes. “Squeezing” rather
than nurturing employees may save economic costs and lead to more profits in the
short-term, but, as in this particular case, is likely to give rise to low morale among
employees and may lead to emotional distress and physical harm. The long-term risks
include that employees will make their grievances public and that the company’s
reputation will be harmed as a result.
Ethical issues at Gucci in Shenzhen, China 177

2. Labor rights
In the advanced Western economies, the moral basis of human rights has been
incorporated into legal rights. There are strong and well-enforced government laws
and regulations and established labor to advocate and negotiate on behalf of workers;
well-developed nongovernmental organizations (NGOs) and independent media
make problems transparent and advocate remedies. There are also high levels of
citizenship education. Worker rights and protections have thus been institutionalized
within a system of law and democratic political accountability, and are monitored by
unions, NGOs, and educators. Through these processes, public expectations of the
ethical behavior of corporations have become progressively stricter; cases of labor
abuse still occur but appear to be relatively uncommon rather than endemic
(Greenwood 2012).
In China, however, labor rights turn out not be widely institutionalized and legal
rights turn out not to be strongly enforced, allowing employers as the stronger party to
exploit the employees as the weaker party. While there are differences between
Western countries and China, all people in the world share the need for some basic
characteristics of human dignity that ought never to be violated, regardless of social
context (e.g., whether one lives in a rich or poor society) and thus regardless of
whether they have an abundance of employment choices or nearly none, or whether
they have adequate institutional mechanisms to protect their interests.
It is ethically insufficient for corporations merely to “do in Rome as Romans do.”
Expedient moral relativism should be replaced by broader and “thicker” moral norms
that have universal application. The Universal Declaration of Human Rights Article 5
states that “No one shall be subjected to torture or to cruel, inhuman or degrading
treatment or punishment.” And Article 23 section (3) states that “Everyone who
works has the right to just and favorable remuneration ensuring for himself and his
family an existence worthy of human dignity, and supplemented, if necessary, by
other means of social protection.” The practices adopted by the management of Gucci
in Shenzhen appear to have violated the Universal Declaration of Human Rights.
Stakeholders and their relevant stakes
To prevent the further occurrence of abusive practices in labor management requires
efforts from various groups. In working out who needs to do what, we first need to
define who the relevant stakeholders are (Argandona 1998). According to Freeman
(1998), the stakeholders are defined as “any group or individual who can affect or is
affected by the achievement of the firm’s objectives.” That is, we need to identify
which groups can be affected by these abuses and which groups can prevent them
(Carson 1993; Maak and Pless 2006). Stakeholders include the following.
1. The company and its shareholders, whose stake is that the company’s reputation
should be rebuilt. This scandal may disrupt Gucci’s expansion plans in China, so
the company has a strong incentive to take positive action repair the harm to its
reputation there.
2. Employees: Regardless of whether an employee has resigned or still remains in
employment with Gucci, he or she will require apologies and appropriate
178 L. Wang, R.S. Snell

compensation. In addition, the current employees are likely to desire the adoption
of more systematic management methods and improved working conditions.
3. Chinese government: It is the Chinese government’s responsibility to ensure that
worker’s rights are enforced, especially on its own territory and that companies
operate in accordance with the laws there.
4. Foreign (home) governments: Foreign governments have a stake in every firm
that is headquartered in their territory, including those with subsidies in overseas
countries, such as China. They can take action to reduce the incidence of labor
abuses in China by enacting laws that are similar to the anti-bribery treaties that
have been passed in many countries (OECD 2001).
Possible solutions
1. Action coordinated by Gucci: One means for a solution is for Gucci to lead
efforts in developing and implementing industry-wide and worldwide codes of
ethics, thereby creating a comprehensive set of explicit norms and expectation
about ethical standards. This code should apply to all branches and stores in both
developed and less developed countries (Beschorner and Müller 2007). Such
codes have been successfully implemented by industries such as toys, textiles,
and electronics. Those kinds of products are sold to mass markets. It is something
of a paradox that Gucci, which sells a high-end product, has provided a poor
working environment in China; surely a company like this is even more subject
to public scrutiny and now under public pressure to adopt higher standards. We
do not wish to imply that employees in mass market industries should be treated
any worse, but one may expecte high-end providers to exert stronger ethical
leadership worldwide in improving labor standards. The code should require
every branch and stores of companies in the luxury industry to embrace ethical
principles and embed them into management systems and policies and internal
review processes.
Informed by common areas of worker rights identified in the literature on inter-
national labor management ethics, this code could include items on the following: use
of written employment contracts with all workers, avoiding abuse of the dispatch
system, equal pay for work of equal value, prohibition of compulsory and unpaid
work, adherence to laws and regulations on working hours, provision of wages and
benefits not below minimum legal requirements, anti-discrimination, anti-
harassment, anti-abuse, and respect for occupational health and safety.
In addition, the establishment of a socially responsible management systems
should include a statement of social responsibility objectives and targets, along with
sufficient human and financial resources to ensure that these objects and targets are
clearly communicated, that the system is adequately implemented, and that there are
mechanisms for regular monitoring and auditing of the system and for corrective
action in the event of shortfalls (Carroll 1991; Carroll and Horton 1994; Gond et al.
2011).
Simply implementing an industry code is not enough. The headquarters of Gucci,
Italy, should urge and encourage its branches in China to comply with the necessary
Ethical issues at Gucci in Shenzhen, China 179

ethical standards in China (and every other host country). The encouragement needs
to be strong, because managements in China may seek excuses and claim that there
would be inordinate financial costs, or that the code may be difficult to implement
because of cultural barriers. The headquarters may arrange for auditing by indepen-
dent third parties, such as NGOs. Otherwise the enforcement might be weak or non-
existent.
2. Action by employees: “Tolerance” is deeply rooted in Chinese people’s thoughts,
and most of the time, it is even considered as a virtue (in contrast to assertive-
ness). In this case, we may notice that employees were tolerant of abusive
practices until severe harm actually happened (the female employee’s miscar-
riage). The Chinese workers’ awareness of their rights may have been weak, and
they appear to be accustomed to enduring their unjust treatment, which perpet-
uates the abusive practices. As China’s capitalism has been rapidly evolving, the
institutional arrangements involved in human resource management, such as the
labor dispatch system, have become increasingly complex and subject to abuse.
In order to protect employees, it is of utmost importance to challenge the mindset
of tolerance and to equip employees with a strong awareness of rights and of
suitable ways to protect themselves collectively. They should be encouraged to
get together and make their voice heard (like writing a public letter on the
Internet). By voicing their grievances, they can attract more attention, thus win
more support, and the relevant government departments are more likely to
investigate into their concerns. Furthermore, they could express their hope to
form organizations which have similar functions to those of independent trade
unions in western countries, thereby helping them gain bargaining power vis-à-
vis employers (Preuss et al. 2009).
3. Action by the Chinese government: It is recommended that the Chinese govern-
ment should revise its entire approach to the monitoring and regulation of labor
rights. “Harmonious Society” pronouncements have been a step in the right
direction (See 2009), but there is much further to go. Workers in China are
under-protected because there are few organizations that workers can appeal to,
and trade unions in China do not serve the same purpose as in Western countries.
It’s difficult for workers to stand up for themselves when their rights are at stake.
In Western countries, companies are under the scrutiny of various NGOs and
trade unions; these organizations protect workers’ labor rights through collective
bargaining power. On the surface, this is paralleled in China by The Constitution
of the People’s Republic of China, which requires that all its citizens have the
rights of freedom of speech, freedom of the press, and freedom to peaceably
assemble, organize, demonstrate, and petition. However, in practice, in order to
organize in mainland China (i.e., to establish an NGO), one has to register the
organization according to the Social Organizations Registration and Administra-
tion Act. If the organization does not do this, it is not protected under the law. It is
criminal for such an organization to publicly accept outside donations without a
legal status. In addition, to establish such an NGO, they must have a regular
business location, full-time staff, a registration capital of more than thirty thou-
sand yuan and official documents with a stamp of approval from the govern-
mental agencies, which have been designated as “supervising offices.” This
180 L. Wang, R.S. Snell

complex and time-consuming process makes it virtually impossible to form a
NGO in China unless the government is prepared to champion and support the
process. Another barrier is that every non-governmental organization will be co-
administered by a civil affairs governmental office. This unique “Chinese way”
of double administration weakens the independence of an NGO. Nonetheless, the
Chinese government could consider having experiments in certain industries.
China is now the biggest luxury-product-consuming country, as well as the
biggest luxury-product-manufacturing country, so it has both the biggest cus-
tomer group and labor force of the luxury industry worldwide. The Chinese
government should consider giving permission to set up such a non-
governmental organization with independent powers, to monitor these luxury
multinational companies’ operations in China.
4. Action by foreign governments: A foreign government is typically responsible for
creating and enforcing laws that apply to all the companies operating in their
country, including MNCs that are operating subsidiaries all around the world,
including China. A Western country could simply enact a law requiring all
companies to apply fair and decent labor standards worldwide. The detail of
such legislation is of course a much more complex matter that we can discuss in
this article. The basic idea is that, if a company violates labor standards in China,
it could then be prosecuted in the home country by the respective Western
government. This arrangement might be championed by supra-national bodies,
such as the United Nations, but again, we do not have space in this article in
detail of the legislation process; it would help greatly if there is close collabora-
tion between the Chinese government, Western countries, and supra-national
bodies.
Theoretical and managerial implications
There are some key theoretical and managerial implications of this case. The first of
these concerns the limitations and possible distortions of the virtue-based approach to
business ethics as it has been applied in China. While some managers may recognize
that a virtue-based Confucian firm should seek harmony by expressing benevolence
to its employees, who would reciprocate with loyalty and gratitude, some key aspects
of this approach can be forgotten when facing modern economic pressures. What may
be remembered by managements is that Confucian ethics is based on the premise of
inequality between the senior and junior parties in the relationship and that the junior
party is expected to go along with whatever treatment they receive without direct
protestation. What may be forgotten by managements is that all this is premised on
the assumption that the senior party should consider, respect, and be responsive to the
needs of the junior party. Such empathic concern is unlikely to flourish without a
channel for listening and without a powerful incentive to listen. In their absence, all-
powerful managements become de-sensitized from the concerns of their employees,
and labor abuses will ensue.
From this, a second implication can be inferred. In order to prevent labor abuses in
the PRC, it is necessary to institute strong, legally based mechanisms for enforcing
and protecting labor rights. Conveying legitimate bargaining rights to labor
Ethical issues at Gucci in Shenzhen, China 181

organizations that correspond to their independent trade union counterparts in the
West is one key step in this process. The second key step is for the national and local
governments in the PRC to join hands in assigning a higher priority to encouraging
and supporting corporate social responsibility, no longer relegating this to an after-
thought or empty, token slogan. This, in turn, implies a role for foreign firms and
foreign governments. Strengthening legal safeguards for labor rights in Chinese
organizations is likely to require cross-national dialogues within corporations and
between foreign governments and the government of the PRC.
Does this need for legal underpinning imply that the Confucian cultural legacy has
no role to play in underpinning labor rights and preventing labor abuses in the PRC?
Actually, this is not the case. Although concern about the Confucian virtues appear
insufficient to constitute a safeguard against ethical violations in China-based firms,
the picture may be radically transformed if legal imperatives are introduced that
would serve to remind managements about the need to listen, understand, and
respond to the needs of their employees. Confucian values originated in ancient
times, when “rule of man” prevailed and when modern rule of law was inconceivable.
China, having rapidly and breathtakingly developed into a modern society within the
last two decades, is probably ready now to undergo the truly revolutionary process of
blending Confucian morality and the Western rights-based paradigm into a moral
compass that is more suitable for the contemporary world (Snell 2001).
Conclusions
Allegations of abusive labor practices in MNCs are by no means new phenomena but
have typically referred to manufacturing sites in less developed countries. This paper
highlights a less-extensively documented phenomenon, featuring abuses happening at
a retail store—Gucci’s Shenzhen flagship store. Specifically, Gucci abused the
dispatch system, which is a labor system with Chinese characteristics, and neglected
some key labor rights. In considering how an MNC can operate ethically in China, we
have considered some universal interpretations of labor rights, while taking account
of Confucianism and the One-Party state, which are foundational components of
China’s culture and institutional framework (Liou 2010). We have made recommen-
dations for action by MNCs and other stakeholders, namely, employees, the Chinese
government, and even foreign governments, where these can exert legal influence
over MNCs that are headquartered in their jurisdictions. We have also foreshadowed
the possibility, in the near future, of a fusion between Confucian virtue ethics and
Western rational–legal approaches to the assertion and protection of labor rights and
the profound practical and theoretical implications that would ensue.
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