Made in Vietnam: A Critical Investigation into the Implementation of Menstruation-Related Labor Legislation in Vietnam's Garment Factories

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Made in Vietnam: A Critical Investigation into the

Implementation of Menstruation-Related Labor

Legislation in Vietnam’s Garment Factories

Master’s Thesis: Juliana Mee MSc International Development Studies

Graduate School of Social Sciences University of Amsterdam

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MSc International Development Studies 2019-2020 Graduate School of Social Sciences

University of Amsterdam

Made in Vietnam: A Critical Investigation into the

Implementation of Menstruation-Related Labor

**Legislation* in Vietnam’s Garment Factories**

Juliana Mee – 12762040 Juliana.mee@student.uva.nl

Supervisor: Dr. Esther Miedema Second Reader: Dr. Anika Altaf

June 23rd_{, 2020} Word Count: 24 996

This thesis will be submitted as part of the Master of Science degree.

* This study focuses on menstruation-related labor legislation in relation to the experiences of female garment workers in Vietnam. It is imperative to mention that not all women and girls menstruate, and this natural process is not limited to women and girls. There has been an upsurge in research considering menstruation from a gender-inclusive standpoint, however, most political and development discourse fall short of this acknowledgment (Bobel, 2018). This study focuses on menstruation as a proxy to unpack the gendered reality of being a woman in Vietnam. Thus, I refer to what should be inclusively framed as menstruators when speaking of menstruation, as women and girls to conceptualize menstruating bodies for the case of this thesis.

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Abstract

Efforts to safeguard and strengthen women’s rights by addressing negative socio-cultural meanings around menstruation and its management are a critical concern in terms of gender equality. These efforts are increasingly widespread throughout development discourse, acting as a newfound priority for governments and international organizations across the globe. In addition, menstruation labor policies, such as menstruation breaks or leave, have garnered growing public attention as a progressive and empowering step to foster more equal workplaces. However, little research has gone into the effects of these gender-specific labor policies, which are commonplace in several East-Asian nations, including Vietnam. For this reason, this study aims to address this gap by analyzing the experiences of female garment workers with menstruation-related workplace policies in Vietnam’s garment industry. By drawing on interviews with NGO members, factory workers, political stakeholders and experts on related matters, combined with an analysis of pertinent sources, and contextualized with a survey conducted among factory employees, data reveals how menstruation-related labor policies are implemented in factories and their impact. By examining workers’ experiences of these rights in practice, findings highlight the bearings of economic, social and cultural capitals available to women, inscribed in overarching gender habitus, in shaping female workers’ experience with state-mandated menstrual breaks. This analysis contributes to an understanding of whether similar labor policies truly represent a progressive move towards female empowerment and gender equality. These policies may represent a useful development in addressing menstruation, but a failure to tackle underlying societal structures and gender disparities, coupled with poor or exploitative working conditions for many female workers, does nothing to improve the status of women in the labor force or in society.

This research contributes to a growing development literature around menstruation and Menstrual Hygiene Management (MHM), by expanding the focus towards overlooked issues of menstrual experiences in urban areas and in the workplace and creating discussion around the implications and impacts of menstruation labor policies.

Keywords: Menstruation Legislation; Menstrual Hygiene Management; Workplace Equality; Bourdieu; Gendered Habitus; Gendered Capital; Garment Factories; Vietnam.

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Acknowledgments

First and foremost, I would like to thank Dr. Esther Miedema, my supervisor, for her continued patience, guidance, advice and support at every step of the research process.

I would also like to thank Ha, Trang, An, Ngoc and every member of the CDI team for going out of their way to accommodate me at their office, support my research and make me feel welcome. I am so appreciative of the time and effort every one of them put in to make sure that my research intentions came into being. Also, I am so grateful for all the great tips and recommendations for what to see, do and eat in and around Hanoi.

In addition, thank you to Dr. Sally King for taking time out of her busy schedule to call and discuss my research and her own extensive research. Her anecdotes, ideas and pointers were very insightful and always thought-provoking.

Finally, thank you to my family, Nikolaj, Céline, Phoebe and the rest of my friends who were there for me since the beginning of this academic journey. Their constant words of kindness, motivation and support kept me sane and positive throughout the entire process.

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-List of Figures:

Figure 1: Conceptual Scheme, from the theories employed in the theoretical framework (Chapter 2)

Figure 2: Map of Hanoi’s districts and population (in 2009), Pham and Labbé (2017)

Figure 3: Map of Hanoi and its urban region, including its urban and suburban districts, Khac & al. (2014)

Figure 4: Garment Workers in a Vietnamese Factory, Fashion Revolution (2020) Figure 5: One of Hanoi’s numerous ‘Made in Vietnam’ factory outlet stores, with items produced in the nation’s garment factories, own photo (2020)

Figure 6: The first page of the online survey, developed using Google Forms, own survey (2020)

Figure 7: The Facebook post explaining the purposes of the survey, the confidentiality of data, why information was gathered and for whom, along with a link to the Google Form to complete this exercise, own survey (2020)

Figure 8: A worker resting under her machine, source Fashion Revolution (2020) Figure 9: Military Truck with Covid-19 related information in Hanoi, own photo (2020) Figure 10: CDI team supporting a social media campaign for gender equality on International Women’s Day, circulated on online platforms, along with other NGOs supporting Gender and Labor in Vietnam, own photo (2020)

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List of Tables:

Table 1: Patterns of Migration for (Migrant) Garment Workers, UNDP (2006) Table 2: Reasons for Taking up Garment Work, UNDP (2006)

Table 3: Starting Occupation of Garment Workers, UNDP (2006)

Table 4: Distribution of Garment Workers by Firm Ownership, UNDP (2006) Table 5: Garment Workers by Size of Enterprise Unit, UNDP (2006)

Table 6: Preference for Alternative Employment Among Female Garment Workers, UNDP (2006)

Table 7: Knowledge and Views of the Labor Code, UNDP (2006)

Table 8: Implementation of menstruation-related break time according to survey results, own survey (2020)

Table 9: Survey results on the necessity of menstruation breaks in factories, own survey (2020)

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List of Acronyms:

AmCham: American Chamber of Commerce (AmCham) based in Ho Chi Minh City BWV: Better Work Vietnam

CDI: Center for Development and Integration, Hanoi

CEDAW: Convention on the Elimination of All Forms of Discrimination Against Women (United Nations)

CNV: Christelijk Nationaal Vakverbond (CNV Internationaal) EPZ: Export Processing Zones

EZ: Economic Zone

FDI: Foreign Direct Investment FES: Friedrich-Ebert-Stiftung FTA: Foreign Trade Agreement

FWF: Fair Wear Foundation (offices in Hanoi and Ho Chi Minh City) GDP: Gross Domestic Product

HRW: Human Rights Watch

ILO: International Labor Organization IMF: International Monetary Fund

ISDS: Institute for Social Development Studies IZ: Industrial Zone

MDGs: Millennium Development Goals MHM: Menstrual Hygiene Management

MOLISA: Ministry of Labor, Invalids and Social Affairs NGO: Non-Governmental Organization

OSH: Occupational Health and Safety RWB: Reporters Without Borders SDGs: Sustainable Development Goals UN: United Nations

UNDP: United Nations Development Program

UN Women: United Nations Entity for Gender Equality and the Empowerment of Women VCCI: Vietnam Chamber of Commerce and Industry

VGCL: Vietnam General Confederation of Labor VINATEX: The Vietnam Textile and Garment Group VITAS: The Vietnam Textile and Apparel Association VWU: Vietnam Women’s Union

WASH: Water, Sanitation and Hygiene WB: World Bank

WEF: World Economic Forum WRC: Workers’ Rights Consortium

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1. Introduction

This chapter will introduce the central topic of this study, that is garment workers’ experiences with Vietnam’s menstruation-related labor legislation in the context of its garment industry. Specifically, this chapter clarifies the ‘real-life problem’ that formed the impetus of this study and introduces how development policies and academic scholarship have tackled this issue. Beginning by defining the matter of menstruation in the context of development discourse, the ambiguous nature of menstruation-related labor legislation is presented in a general sense. Next, the relevance of investigating this legislation in the Vietnamese context is illuminated and contextualized within a framework of gender norms, and the significance of unpacking related policies within Vietnam’s garment industry is specified. The research questions are consequently presented with the associated thesis outline. These questions guided this study, conducted in Hanoi, Vietnam’s capital, drawing on a sample of different actors, comprised of NGO members, factory employees, political stakeholders and experts, along with relevant documents.

I. Contextualizing Menstruation in Development

Menstruation constitutes a fundamental part of a healthy girl or woman’s life, yet remains freighted with negative social-cultural and religious norms, beliefs and taboos across time and space, deep-rooted in gender inequality (Sommer & al., 2015). These implications have generated negative consequences, prompting etiquettes of secrecy and shame by those who manage their flow (ibid.). Receiving little attention until recently, menstruation has become increasingly prominent within international development scholarship, spearheaded by the Water, Sanitation and Hygiene (WASH) sector, discursively framed under Menstrual Hygiene Management (MHM) (Mahon and Fernandes, 2010).

Although MHM is not clearly mentioned in the Sustainable Development Goals (SDG), it is a cross-cutting issue, directly linked to specific goals, notably Goal 5, “[achieving] gender equality and [empowering] all women and girls,” and Goal 8, “[promoting] sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all,” in this study’s context (UN, 2020). Development practitioners and policy-makers recognize barriers to adequate MHM as having profound, multidimensional and tangible implications for the livelihoods, health, human rights and social participation and of girls and women, caused

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by discriminatory social stigmas, neglect or lacking information around menstruation (ibid.; Sommer et al., 2016). Unmet MHM needs or silence around this reality expose intersecting inequalities and vulnerabilities faced by women in society, triggering cycles of disadvantage and exacerbating socio-political and economic relegation or exclusion (Crawford & al., 2014). MHM affects gender equality, leading to an emergence of programs and policies targeting menstrual needs to ‘enable’ and ‘empower’ women, fronted by growing alliances of public and private stakeholders (UNFPA, 2019).

Nevertheless, the definition of menstruation in development discourse generally remains limited to ‘hygiene’ and ‘sanitation,’ driving emerging scholarship to problematize the validity and effectiveness of menstruation-related policies and interventions (Sommer et al., 2015). Academics such as Hennegan et al. (2019) identify these programs as predominantly directed at technical solutions: raising menstrual awareness around adequate ‘hygiene’ by supplying school-age girls with sanitary supplies, and ensuring adequate disposal and sanitation facilities in schools—understanding poor MHM standards as correlated to school-absenteeism. Sommer et al. (2015) expose MHM discourse as restricted to focuses on the school environment, framing challenges as solvable with proper menstruation ‘hardware,’ such as clean and absorbent period products. In this vein, Hennegen et al. (2019) label existing research as overwhelmingly top-down and reductive, lacking substantial evidence to support totalizing claims and subsequent responses. These scholars have shown that research and interventions repeatedly lack nuance and discount social barriers stretching beyond inadequate period-products or school settings (ibid.). According to Hennegen et al. (2019) and Sommer et al., (2015), menstruation must be acknowledged holistically, as socially engrained in overarching power structures, to recognize overlooked and needed social support, physical environments, cultural meaning-systems or perceptions that severely impact women’s experiences and participation in society.

Kirk and Sommer (2006) emphasize the need for investigations into the complex lived experiences of women and girls, along with assessments of the ground-level impacts of menstruation-related strategies, policies and interventions. Moreover, menstruation-related research in urban contexts is lacking, at a time when women are increasingly negotiating between manifold roles as wives, mothers, and progressively as workers (Crawford & al.,

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particularly in low-and-middle income countries (Sommer & al., 2016). According to the ILO, MHM strategies are essential at work, as “women often face many challenges when it comes to managing their menstruation during working hours,” including social or environmental barriers to MHM due to poorly supportive workplace environments and social shame, impacting work performance (ILO, 2016: 107). With Vietnam’s rapid urbanization and feminizing workforce (UN Women, 2019; WB, 2020), overlooking this issue in urban and workplace contexts disregards the social realities of countless women.

Bobel links existing MHM narratives to the “male-dominated and technically oriented […] WASH development sector,” framing complex menstruation-related issues as ‘solvable’ with hygiene products (Bobel, 2018: 46). These narratives ingrain, rather than resist, oppressive social constructions of gender. Bobel actively critiques discourses of MHM disseminating rationales of ‘technological’ and ‘product-based solutions,’ promoting menstruation as a problem of hygiene to be managed, rather than tackling systemic issues of gender inequality (ibid.). She exposes preconstructed gendered expectations of menstrual embodiment, requiring self-surveillance and containment of menstruation in order to be productive and valued in society (ibid.). Hence, Bobel’s statements highlight necessary critical understandings of gender as constructed, which will be utilized in this study’s theoretical framework. Drawing on notions of gendered habitus and gendered capital as theoretical tools, the socio-cultural and political foundations of menstruation-related strategies or legislation will be unpacked in this study, to gauge their possible consequences.

Menstruation serves as a proxy for wider gender concerns, and a nuanced understanding reveals deeper social meanings anchoring this bodily process to overarching societal gender hierarchies, legitimized by gendered norms. It can be assumed that, without addressing underlying structural meanings and constructions around gender and menstruation, policies and actions supporting menstruation as an avenue towards gender equality are baseless and therefore cannot achieve this mission. The following section details menstrual legislation against the backdrop of widespread gender constructions that seemingly conflict with this legislative inclusion.

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The ILO states that government action is necessary in implementing MHM within workplaces, as these are “key steps towards the empowerment of girls and women worldwide” (ILO, 2016: 75). Menstruation-related labor legislation, such as paid or unpaid leave or breaks, may seem progressive and well-intentioned through the inclusion of women’s menstruating bodies in workplaces. However, due to its sex-specific nature—exclusive to female workers—this widely debated legislation cannot be detached from historical, cultural, economic or socio-political contexts. These contexts directly shape the roles of women in society and indirectly impact the meanings and implementation of menstruation-related policies. Policy discourse surrounding menstruation is itself fraught with sociocultural meaning which may have adverse consequences for gender equality, such as widening the pay-gap (Barnack-Talvaris & al., 2019). The ways menstruation is addressed in policy must therefore be interrogated.

Barnack-Talvaris et al. (2019) underline socio-cultural stigmas around menstruation as having important implications for women, making the adoption of menstruation-related policies potentially problematic in wider societal contexts of menstrual shame. King (forthcoming) claims that rationales legitimizing menstruation-related policies frequently rest on false assumptions and constructed narratives positioning female workers as biologically weak, expensive or unreliable. These constructions can inadvertently instigate added discrimination in workplaces. According to Barnack-Talvaris et al. (2019), similar policies may “[suggest] that menstruators cannot (or should not) work while menstruating,” which entrenches pre-existing gender stereotypes (p: 1371).

It is worth noting that the effects of menstruation-related policies have not been formally assessed. There is no available data on the social relevance of related policies, whether these policies are utilized or properly enforced, their implications or surrounding perceptions. Nonetheless, countries with menstruation-related policies–in particular Vietnam, China, Indonesia, Japan, India, Taiwan (no WEF data), Zambia and Italy–rank relatively poorly in the World Economic Forum Gender Gap Report (2020) on ‘gender-performance’ indicators: economic participation and opportunity, educational attainment, health and survival and political empowerment. According to King (forthcoming), the correlation between these performances and the existence of menstruation-related legislation is striking and may posit signs of deeper gender inequalities beneath the legislations’ surface.

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Ambiguities surrounding menstruation legislation call into question how it is addressed, and whether government concerns, enacted through labor laws, exemplify a step forward or rather exacerbate constructed and repressive gender differences. This study contributes to remedying previously mentioned knowledge gaps in MHM research and investigations into related labor legislation, by examining the significance of menstruation legislation in relation to existing gendered norms and hierarchies in the context of Vietnam.

III. Menstruation Labor Legislation in Vietnam

As part of commitments towards supporting gender equality, Vietnam sought to accommodate female reproductive health in its Labor Code. State-led action around menstruation at the workplace is presented within Article 155 of Vietnam’s Labor Code (2012). In the Code’s sub-section “Maternity Protection for Female Employees” under its chapter on “Separate Provisions Concerning Female Employees,” it is stated that “during her menstruation period, a female employee shall be entitled to a 30-minute [paid] break in every work day” (Labor Code, 2012: 68). Analogous to previous arguments, a World Bank (2019a) report suggests that this legislation may have adverse consequences on gender equality by affecting the economic productivity and market involvement of women. Although superficially seeming well-meaning, this law “may actually discourage firms from hiring women” by “[increasing] the cost of hiring [them]” as biological functions are considered to inhibit women’s engagement in the workforce (ibid: 7).

Similarly, Duong epitomizes this legislation as ‘socialist paternalism,’ viewing recognitions of menstrual needs as constraining female employment opportunities at obtaining employment or high-levels of responsibility at work, thereby questioning its progressive bearing (2001). According to Duong, this legislation “[draws] an irrational connection between the physiology of a woman and her work productivity, treating her as disabled,” and “unnecessarily [calls] attention to her gender” to “justify alleged disparity between the sexes and legitimize gender-based restrictions of opportunities” (2001: 245). In light of existing gender norms and hierarchies Vietnamese culture and its workplaces, Nguyen and Simkin (2017) argue that menstruation legislation may entrench gender-based differences and stimulate inequalities.

Vietnam is currently undertaking a comprehensive revision of its 2012 Labor Code. Among other goals, the government is seeking to eliminate gender-based barriers in employment to

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propel economic progress, for which it is widely applauded (ILO, 2019; Investing in Women, 2019). Nevertheless, menstruation-related legislation remains intact and its outcomes remain unevaluated, stressing the relevance of investigating related policies and their consequences (Nhan Kiet, 2020).

i. Gender Norms

The Vietnamese government is officially committed to gender equality through its legislative framework. Nevertheless, these efforts remain restricted in the face of dominant gender norms and traditional ideologies posing obstacles to women’s opportunities and rights in the professional sphere (ISDS, 2015).

Mounting bodies of academic work point to multiple constructions of femininity in Vietnam as generating a paradoxical double standard. As argued by authors such as Schuler and al. (2006), women face tensions between public and private life due to “overlapping constructions of gender in Vietnam – a Confucian and Socialist model” (p:385). Although Vietnam has spearheaded legislative frameworks and programs to promote gender equality and women’s emancipation at different societal levels, these advancements remain impeded by complex constructions of femininity (ibid.). These constructions entail a ‘double burden:’ split between modern economic pressures to participate in the nation’s economic and political spheres, and traditional domestic pressures, encapsulating housework, motherhood and domestic tasks (ibid.). As argued by Duong (2001), although women have rights in the Labor Code, these are accompanied by tacit and unspoken domestic responsibilities. In other words, these rights are seemingly thwarted by economic, social and cultural systems limiting gender equality.

Schuler & al. (2006) and more recently Hoang (2019) illustrate contemporary gender roles with an examination the “three criteria campaign,” fronted by the Vietnamese Women’s Union (VWU), the principal grassroots circuit for the implementation of gender-progressive programs and policies. This campaign discursively encourages women’s multifaceted role, declaring that women must “Study Actively, Work Creatively, Raise Children Well and Build Happy Families” (Schuler & al., 2006: 386). The VWU appears to entangle gender equality with nationalist and socialist aims (ibid.). Gender norms continue to permeate policy, education and

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the media, and gender-based violence and discrimination persist in this nation (ibid., UNDP, 2016).

This contextual reality of longstanding gender roles underlines a perseverance of views that contradict women’s inclusion in the work environment. The social foundations of gender-specific provisions, such as menstrual breaks, must therefore be scrutinized in further detail.

ii. Garment Industry

The garment industry is Vietnam’s second largest national industry, comprising a highly feminized workforce and projected to grow rapidly (ActionAid, 2011; Nhung & Thuy, 2018). Because of this national industry’s highly feminized nature—with 81,1% of its workforce being female in 2016 (CNV, 2016)—it represents a useful prism to unpack gendered dynamics underpinning labor laws surrounding menstruation. Furthermore, according to organizations such as CNV (2016) and ActionAid (2017), this sector fails to meet international working standards and relies on oppressive gender norms to legitimize discriminatory practices and poor working conditions. Garment workers routinely face gender-based harassment and violence, coupled with other grievances, notably excessive overtime, low pay or high pressure, and regular threats of dismissal or pay deductions (ibid.). Space for gender-specific legislation can therefore be interrogated in this context, serving as the principal motivation behind focusing on this industry.

IV. Thesis Aims

Working with the Center for Development and Integration (CDI)—a Hanoi-based NGO supporting, among other missions, factory workers’ labor-rights—this thesis addresses the knowledge gaps presented above in the context of Vietnam and its garment industry. Menstruation evidently symbolizes a critical issue throughout development discourse, as stigmas and discriminatory practices overtly impede on gender equality. Nevertheless, the complexities of menstrual experiences and menstruation labor legislation require investigation, to forge deeper understandings of complex gender issues and address overlooked experiences of women in urban areas and workplace environments. By studying working women’s experiences of Vietnam’s menstruation legislation, this research argues that menstruation-related legislation must be unpacked against the backdrop of wider gender dynamics and

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relations in seeking to better understand whether related policies represent a progressive move towards women’s equality and participation in the workforce.

V. Research Questions

How can female workers’ experiences of menstruation-related workplace policies in the context of Vietnam’s garment factories be understood in relation to concepts of gendered habitus and gendered capital?

• How are menstruation-related policies implemented and communicated in Vietnam’s garment factories?

• What are the views of different actors on the experiences of female garment workers in relation to these policies? Actors are represented by NGO members, factory employees, political stakeholders and experts, to give a more comprehensive account of gender dynamics and the implications of these policies.

• What do concepts of gendered habitus and gendered capital imply in relation to gender-specific legislation more generally?

VI. Thesis Outline

To answer these questions, this thesis is composed of eight chapters. This first chapter has introduced the relevance of menstruation in development discourse and labor legislation, to outline this research’s implications and motivations. In the second chapter, the thesis’ theoretical framework will be delineated, situating itself in third-wave feminist theory to formulate Bourdieusian concepts of gendered habitus and gendered capital, and engaging with the notion of neoliberal hegemony. These theories frame the conceptual scheme that follows in chapter three. In chapter four, the empirical context of the study is presented. The fifth chapter introduces the methodology guiding this research to answer these questions.

The following two chapters (chapters six and seven) spotlight empirical data collected during fieldwork on female garment workers’ experiences of menstruation-related rights. First, findings surrounding discrepancies between policy and practice are analyzed, revealing ground-level barriers to the implementation of menstruation legislation. Thereafter, meanings pertaining to menstruation are analyzed and related to traditional gender norms. In the final

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presents a theoretical and methodological reflection, and outlines a series of recommendations for policy, practice and research.

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2. Theoretical Framework

I. Introduction

The present chapter describes the concepts underpinning this research. First, a social-constructionist view of gender is presented to cast light on gender as embodied. Then, this feminist lens is used to engage with Bourdieu’s theory of habitus and capital, to conceptualize forms of gendered habitus and gendered capital that are manifested in workplaces. These gendered concepts represent the research’s principal theoretical foundation and prove useful in reflecting on the gender hierarchy shaping discursive and relational mechanisms enabling and constraining men and women in society. The last section discusses these concepts in relation to patriarchal neoliberal hegemony that entrenches gender-based inequalities in the workplace and within a broader world order. The connected sub-section recognizes policy as based in constructed views of gender, to underline the construction of political problems or needs legitimating interventions such as menstruation legislation.

II. Gender as Socially Constructed

This research builds on third-wave feminist theory, drawing from the post-structuralist work of Butler (1999), framing gender as complex, fluid and socially constructed. This feminist tradition dismantles universal and essentialist mantras of inherent gender differences, based on sexual-biological distinctions. Gender identities are viewed as ceaselessly made real in social spaces by being internalized and subsequently embodied, as they are forcefully anchored in predetermined and socialized categories and social rules of conduct (Oakley, 1997). Gender constructions encompass menstruation, representing a significant marker for essentialized gender differences.

i. Gender Embodiment

Engaging with the works of Connell (2011) and Butler (1999), this study understands gender as enacted by the dynamic embodiment of social blueprints dictating ideals of ‘masculinity’ or ‘femininity.’ These scripts socially fuse identity to the body according to mentioned normative categories, based on biological differences. As Connell has argued, gender constructs are dichotomous: regarded as “fixed, unproblematic categories,” thereby essentializing

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central in this understanding: stemming from the “reproductive distinction between human beings,” wherein gender is socially embodied in terms of social assumptions regarding sexuality or reproduction (ibid.: 1677). This seemingly static classification is dynamically reproduced by different institutions and spheres, such as education and religion, families and political discourse, placing men as the ideal type and subordinating women as ‘other’ in a conflicting heteronormative asymmetrical dyad (Butler, 1999).

Feminist scholars such as Butler (1988) underline genders’ performative nature. In performing gender, agents embody socio-cultural norms and discourses, positioning them on either side of the constructed hegemonic gender binary (Young, 1980). These performances are legitimized through the embodied repetition of oppressive and dominant ‘gendered acts,’ viewed as natural and normal codes of conduct (Butler, 1988). West and Zimmerman (1987) claim that gender is established through social relations, representing a “routine accomplishment embedded in everyday interaction” (p. 125). Beyond the ‘mind,’ the adaptation and performance of gender through the body is evidenced through material conformity with certain gestures or practices, whereby failing to comply results in social policing or shame (Worthen, 2010). These gestures, outlined as body-reflexive practices by Connell (1995), highlight how individuals ‘conform’ to their bodies in line with what is ‘appropriate.’

The nuanced and dynamic construction of gender outlined above is particularly salient with regard to femininity in Vietnam. As explored by scholars such as Hoang (2019) and Schuler & al. (2006), existing socio-cultural norms, values and expectations uphold demanding constructions of ‘doing womanhood,’ split between contradictory traditional Confucian ideals promoting motherhood and family life, and Socialist principles professing economic and professional participation. Vestiges of former Confucian rule promote three ‘obediences,’ understanding women to be “daughters, mothers and wives,” as “[women] must show obedience to father before marriage, to husband when married and to eldest son when widowed,” illustrating a patrilineal social structure (Schuler & al., 2006: 386). Women saw forms of emancipation under the nation’s post-war Socialist government, as they were required to advance the nation’s interests by contributing to socio-political life, with equal rights recognized under law (ibid.). However, Confucian roles triumph, crafting a complex and dichotomous set of roles, distinctly illustrated by a slogan used throughout the 1960s and 1970s urging women to be “good at national tasks, good at household tasks” (Gammeltoft, 1999:

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176). This fragmented construction entails a dichotomous performance of domestic and economic duties, which has effects on women’s advancement and psyche, as well as material consequences (Schuler & al., 2006). According to Hoang, women who go against these constructed identities are placed “at the outer limits of the moral order,” and viewed as ‘failing’ women (2019: 7).

Theories of performativity are not devoid of agency and deterministic, as individuals may challenge these constructions (Butler, 1999). Notions of embodiment and performance cast light on processes of gender construction and power relations, proving particularly relevant in the workplace context.

ii. Constructions of Menstruation

Gender constructions permeate menstruation; discursively positioned as a natural process of womanhood, and a “central marker of difference in essentialist conceptions of sex and gender,” placing female body as ‘other’ in a constructed binary (Hasson, 2016: 959). Menstruation is fraught with cultural meanings and implications, simultaneously representing a symbol of womanhood and fertility, as well as shame and contamination (ibid.). Menstruation is a reminder that gender is produced and embodied, systematically anchored to constructions of femininity as evidence of biological differences between men and women (Bobel, 2010).

Stigmas surrounding menstruation illustrate its constructed character, as menstrual bodies must govern and discipline themselves to regulate this flow according to gender scripts (Worthen, 2016). Echoing Connell’s body-reflexive practices (1995), women physically police themselves by hiding menstrual blood through the use of various ‘menstrual technologies’ (Mahon & Fernandes, 2010).

Although menstruation represents a private and internal process, individuals’ experiences are shaped by external factors, given meaning through discourse or value-systems. These structures significantly impact the livelihoods and wellbeing of those affected, as identities become stigmatized and tainted with shame if they fail to adapt to menstrual norms, causing humiliation or social exclusion (Hawkey & al., 2016). Constructions of menstruation form

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community life, school or work (Mohamed & al., 2018). Menstrual bodies are “ideologically shaped,” in that experiences of menstruation are engrained in “social relations of dominance” (Cosgrove & Riddle, 2003: 53).

The authority of gendered discourse upon individuals’ identity and experiences stresses the relational enactment of gendered matters such as menstruation, shaped by social power structures. Drawing from this feminist tradition, the implications of gender constructions in determining experiences and agency of women are unpacked in the workplace context, by engaging with Bourdieusian theory.

III. Gender and Work

To understand the significance of gender constructions in the workplace, Bourdieu’s reflexive theoretical approach is useful in providing insight into processes of socialized gender-based power relations and embodied gender differences, enabling or restricting women’s abilities and place in social space. Although Bourdieu failed to comprehensively address gender throughout his work, his essay, Masculine Domination (2001), validates the cogency of gender in his theoretical approach. Bourdieu underlined how gender is done through habitus, established by accumulating capital, enforcing an asymmetrical symbolic gendered order and worldview (Krais, 2006; Bourdieu, 2001). This gender order is authenticated in ‘fields of action,’ understood as complex systems of power relations between individuals and institutions, in which actors struggle over capital to navigate this space, in relation to their habitus (Bourdieu, 1998). However, Bourdieu’s contributions to gender studies are largely dismissed by feminist academics as deterministic and limited to androcentric worldviews (Fowler, 2003). Nevertheless, many feminist scholars have re-engaged with Bourdieu’s theories in multidimensional ways, particularly capital and habitus, borrowing from third-wave feminist thought (see: Krais, 2006, Skeggs, 2004, Lovell, 2004). This study draws on a critical feminist reconceptualization of Bourdieu to theorize notions of gendered habitus and gendered capital.

i. Gendered Habitus

Bourdieu’s ‘habitus’ represents a versatile concept to explain inequality and power relations. Habitus represents non-reflexive ‘ways of being’: internalized skills, values, dispositions or

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practices held by individuals—understood as the existence or absence of capital—shaping the perceptions and societal experiences of individuals in both deterministic and generative ways (Krais, 2006, Bourdieu, 1998). Habitus is embodied, performing as a naturalized modus operandi from which individuals form identities and act in society, by moving, dressing or speaking, for example (Krais, 2006). Understood as ‘a feel for the game’ and innate system of rules, habitus determines individual capacities to ‘win the game’ by achieving success and power through an accumulation of (unequally distributed) capital (Bourdieu, 1990).

Drawing on notions of performativity and constructions of gender, a gendered habitus is defined as the dynamic embodiment and ‘doing’ of gender, in which the body is constructed “as a biological reality that can be categorized according to the division into male and female” (ibid.: 121). This habitus is reflected in both social and economic spheres, as engrained in culture and political economy. According to Krais, “it is […] through the habitus that the gender classification, like every other institution, is kept alive,” as it reproduces social structures determining one’s position in the social field (2006:129). Gendered habitus represents the embodiment of a binary gender structure. Individuals take on a “gendered view of the world,” encapsulating a gender classification and division of labor which “[molds] each individual from the very beginning of his or her life” (Krais, 2006: 121). Gendered habitus shapes individuals’ identities, conduct, realities and experiences, becoming an arena for the reproduction of gender relations, norms and roles in society by shaping and consolidating forms of capital (Holt, 2008).

Gendered habitus is relevant within the workplace field due to a sexual division of labor, where traditional and symbolic binary division has real-world effects. Individuals are pushed into two separate spheres: public and private. The latter, comprised of family-oriented tasks and unpaid domestic and reproductive work, is associated with femininity (feminine habitus), and the former, comprised of professional success, paid labor and workplace responsibilities, is associated with masculinity (masculine habitus) (Connell, 2011). This division extends into the formal workforce, where male dominated professions are higher-paid and secure, as opposed to female dominated, precarious “pink collar” occupations (Fraser, 2007). Women’s reproductive role and family life shape their agency to work and effectively funnels into workers’ consciousness (ibid.).

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Connell (1994) exposes a gendered symbolic hierarchy, governed by an elusive hegemonic masculine logic subordinating femininity and non-conforming masculinities. In the work environment, masculine identities and habitus are awarded prestige and legitimacy, allowing for their success (Puwar, 2004). In turn, women are marginalized in this context, pushed to the lowest employed positions for not ‘fitting’ these dispositions (Puwar, 2004). This entails symbolic violence towards women within a dynamic process of symbolic domination (McCall, 1992; Mies, 1994). Connell (1994) understands masculine hegemony as happening through social relations and an institutionalized ‘gender regime,’ spearheaded by the state. She casts light on the state’s complex power in perpetuating “sexual politics” and utilizing its “repressive capacity” to legitimize hegemonic masculinity, such as policy programs that target gender issues while cutting crucial welfare provisions for women (ibid.: 34-35).

The workforce operates against the integration and advancement of women, who are sidelined into lower-status employment (Mies, 1994). Although capable, women are inherently ‘out-of-place’ in workplaces because of their gender identities, disadvantaged by their gendered habitus. Bourdieu’s work underlines the reality of socially constructed notions of femininity, captured in gendered habitus by accumulating gendered capital.

ii. Gendered Capital

Capital is central throughout Bourdieu’s theory, as combined forms of capital determine one’s ‘habitus’ and place in social space. Considered the beating heart of social structures, this concept encapsulates resources, understood as forms of power, held by actors in society that actively reproduce social hierarchies (Wacquant, 2006). The distribution of capital is crucial in understanding power dynamics and asymmetrical gender roles, highlighting asymmetrical abilities to navigate social space (Moi, 1991). Bourdieu’s conceptualization of capital reveals mechanisms enabling and constraining individuals’ opportunities for social advancement and mobility (ibid.). However, this conceptualization remains restricted to androcentric preoccupations with social class, denying multifarious forms of agency (Lovell, 2004). By incorporating gender into Bourdieu’s theories of capital, non-economic and previously disregarded resources and power relations are made visible, rendering women’s agency in accumulating forms of capital apparent.

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Bourdieu theorized capital as co-constructed and threefold – economic, social and cultural – which are accumulated and interrelated (1990). These capitals reproduce privilege and disadvantage in society, and are thus decisive in determining opportunities and maintaining hierarchies among groups (Wacquant, 2006). Economic capital represents resources and assets that are “immediately and directly convertible into money,” and shapes and influences other forms of capital (Bourdieu, 1986: 242). Social capital signifies social connections and networks, understood as “norms and social relations embedded in social structures that enable people to coordinate action and to achieve desired goals” (Cohen & Prusak, 2001: 3). Moreover, cultural capital epitomizes a range of elements from skills, experience, knowledges, values or tastes, that are embodied, institutionalized or objectified (Bourdieu, 1986).

Gendered capital is separate from Bourdieu’s above-mentioned capitals, as it is itself infused within them, functioning as a framework providing or denying access to other capitals. As stated by Ashall, “gender cuts across all three forms of capital,” acting as a prerequisite structuring possibilities and access to other forms of capital (2010: 31). Gendered capital thus shapes the accumulation of other capitals in ways that enable and constrain individuals, according to ascribed and internalized gender roles. Huppatz and Goodwin (2013) claim that “femininity and masculinity are resources that are drawn on both consciously and unconsciously with varying success in movements through social space, particularly in the labor market” (p. 297). Building on this statement, gendered capital permeates economic, cultural and social capitals, and is embodied, becoming a leading descriptor of individuals. However, gendered capital cannot be generalized as inherent to male or female bodies (ibid.).

Gendered capital has symbolic value, woven into a symbolic ‘gender regime’ (Connell, 1994), and consequently impacts opportunities for accumulating other capitals. Ashall draws on Oakley to underscore skills and resources acquired by women—here understood as feminine capital—as inherently unrewarded and undervalued (2010). Feminine capital thus becomes an extension of traditionally domestic roles in the workplace. Many harness this capital while searching for jobs, resulting in low-paid and insecure employment and consolidating internalized ‘feminine’ roles, skills and dispositions that go against ‘masculine’ careers (ibid.; Fraser, 2007). Capital—as dispositions and skills—is thus constructed and bound within a gender imaginary, which evidently affects gendered habitus.

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Taking into account the salience of gender constructions in the workplace, as fabricating and enforcing gendered habitus and gendered capital, this study further develops its theoretical framework by addressing an overlap with overarching neoliberal hegemony. This hegemony entrenches constructions of gender and legitimizes masculine habitus, which works to undermine and exploit women’s work in the labor force.

IV. Patriarchal Neoliberal Hegemony

Drawing on Calkin (2015) and Enloe (2007), the ways in which gender ideologies pervade neoliberal hegemony become clear in the work environment. Using this theoretical lens serves to comprehensively advance central notions of gendered habitus and gendered capital as more nuanced and contextually pertinent. These thinkers articulate widespread feminist critiques of neoliberalism as inherently patriarchal. Neoliberal structures legitimize masculine gendered habitus and inherently label female workers as ‘other,’ leading to women’s discrimination and exploitation at work. In this sense, neoliberalism bases itself on hitherto essentialized binary representations of gender.

Although women’s increased labor participation is encouraging, many women remain pigeonholed in ‘feminized’ occupations (Benería, 2003). These occupations are rendered synonymous with constructed gendered roles, and, following the logic of this overarching theoretical framework, entrenches gendered habitus. These gender constructions are especially pertinent in post-colonial and developing nations such as Vietnam, where global capitalist dynamics trap women in oppressive neocolonial and patriarchal relations under the guise of ‘women’s empowerment,’ epitomized by the garment industry (Balakrishnan, 2002). The entry of women into the labor market exposes gendered inequalities linked to the exploitative and patriarchal nature of the capitalist system (Benería, 2003). These inequalities are rooted in reproductions of essentialized ‘gendered dispositions’ that exacerbate oppressive female stereotypes (ibid.). Women are thus granted newfound levels of ‘autonomy’ and financial ‘freedom’ while suffering new forms of oppression (ibid.).

However, narratives championed by many development organizations support the emancipatory and empowering nature of women’s participation in wage work (Eisenstein, 2005). Women are pushed into precarious, low-valued and low-paid work, while consistently

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hailed as economic investments by ‘tapping into’ their labor-market potential (Calkin, 2015). This logic ultimately equates feminism with equal market participation and economic empowerment, rather than acknowledging the need for systemic change (Calkin, 2015). The problematic nature of these assumptions, addressed by Calkin (2015) and Boyd (2016), echoes traditional gender roles and ignores deep-rooted structural issues by ‘co-opting’ feminist concerns in terms of a market-based agenda.

In female-dominated industries, such as the garment sector, constructions of womanhood as pushing forward market-oriented incentives is clear. Ong (1987) highlights how organizations repeatedly tap into traditional gender ideologies in South-East-Asian nations, to allow for cheap and exploitative labor. Similarly, thinkers such as Enloe (2004) and Can (2017) address ubiquitous patriarchal constructions of women as model factory workers, arguing that these strengthen women’s subordination in the context of garment factories. Elon and Pearson highlight widespread conceptions as to women having “naturally nimble fingers” being “naturally more docile” and “naturally less inclined to join trade unions” (1981: 92). In the case of South Korea, Enloe highlights how constructions of ‘respectable femininity’ were utilized and depended upon in factories to cheapen labor and high-turnover rates (2004). This appropriation of gender constructs is illustrated by how garment factory work is inherently framed as ‘suitable for women,’ establishing gender stereotypes that justify gender inequalities and generate symbolic and structural violence in this industry.

i. Policy

Thinkers such as Connell (2011), Bacchi (2009) and Fraser (1989) highlight categorical understandings of gender encoded throughout policy discourse and documents. They assert that policy matters are inherently biased, constituting and legitimizing differential norms among men and women. In this sense, policies promoting gender equality without challenging the status quo repeatedly work into neoliberal playbooks, as they do not “deal with women on women’s terms” (Fraser, 1989: 149). Recognized ‘problems’ or ‘needs’ are discursively constructed and politicized by dominant groups in their own interest, without problematizing overarching social and institutional processes deepening inequalities (Bacchi & Eveline, 2010; Fraser, 1989).

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According to Bacchi and Eveline, policy actively constructs issues to tackle, as “policy proposals give shape and meaning to the ‘problems’ they claim to ‘address’” (2010: 111). The representation of problems in policy shapes how matters are made to be perceived as problematic and requiring intervention (Bacchi, 2009). In terms of gender, policy does not merely ‘deal’ with problems of inequality, it “[creates] different impressions of what the ‘problem’ of ‘gender equality’ entails” (Bacchi & Eveline, 2010: 112). In this sense, policy constructs gender relations and discursively ensconces heteronormative, constructed meanings attached to categories of men and women. Often, gender differences and subsequent policy ‘problems’ are legitimized by biological differences, in situations where laws promoting ‘affirmative action’ for gender discrimination reinforce constructed differences and gender stereotypes that may limit women’s labor involvement (Bacchi, 2009).

Fraser’s notion of needs underlines traditional gender roles as often espoused in labor policies. In her essay “Struggle Over Needs” (1989), Fraser presents needs as discursively framed and interpreted, in line with gender constructions and assumptions pertaining to a sexual division of labor. Speaking of social-welfare programs, Fraser views political claims as culturally created and debated in terms of discursive interpretations of their validity, proving relevant to gender-specific labor policies (ibid.). Fraser posits seemingly gender-neutral political-needs frameworks as based upon constructions of women and women’s needs, encrypted with gender norms that separate domestic from public spheres, with the former implicitly identified as ‘feminine’ (ibid.).

Differences adopted in policy documents thus habitually reinforce understandings of women in terms of their domesticity and naturalize patriarchal narratives surrounding women’s skills and capabilities. In doing so, women’s unequal and precarious positions in the public sphere become justified, in line with neoliberal and patriarchal belief-systems (Connell, 2011).

V. Conclusion

This theoretical framework illuminates how constructions of gender structure the lives, experiences and opportunities of individuals. These constructions are evidenced by embodied constructions of menstruation. From this theoretical position, the conceptualizations of this study’s primary theoretical foundation—gendered habitus and gendered capital—are regarded as inherently entrenched in an overarching ‘gender regime’ that enables and constrains

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individuals based on their side of the essentialized binary (Connell, 1994). The dominant concepts presented are pertinent in the context of a division of labor, where structures of neoliberal hegemony uphold cycles of exploitation and oppression of women, funneling into labor policies. This hegemony is bolstered by gender constructions and links with gendered habitus, fundamentally shaping gendered capital. The conceptual scheme drawn from these theories is presented in the following chapter.

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3. Conceptual Framework

The above conceptual scheme captures the main concepts guiding this study, stemming from the theoretical framework (Chapter 2) and research context (Chapter 4).

This scheme depicts the experiences of female garment workers relating to menstruation-related labor legislation in the context of Vietnam’s garment industry as its central focus. On the practical level, these experiences are contingent on legislative compliance within garment factories (as a social field), understood as the implementation of this legislation into policies

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and its outcomes, which de facto shape workers’ opportunities to claim this right. These experiences are produced by different forms of gendered capital (social, economic, cultural) held by female garment workers, combined with poor working conditions in factories. Gendered capital is understood as impacting workers’ accessibility to these breaks in practice. Additionally, two overarching concepts—gendered habitus and neoliberal hegemony—shape the experiences of female garment workers of menstruation-related legislation, revealing deeper systemic concerns that question the positive nature of related workplace policies. This thesis is based on the premise that gendered habitus and neoliberal hegemony shape female garment workers’ roles in the labor force and the capital held by female garment workers, to justify working conditions in this industry.

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4. Empirical Context

I. Introduction

This research was conducted in Hanoi, the capital of the Socialist Republic of Vietnam. This densely populated city represents one of the nation’s two vibrant ‘metropolises,’ along with Ho Chi Minh City. Both cities “[interact] with the global economy” and concentrate productivity with the highest levels of industrial output, as agglomerations of industrial zones containing myriad manufacturing factories—notably those devoted to the garment industry— are interspersed in and around these cities (WB, 2016: 100). Vietnam’s industrial production is largely situated around the southeastern region of the country and the northern Red River Delta, marked by “spatial distribution [that] has been driven by the introduction of such development policies as the [EPZs, EZs High-tech zones and IZs] that have been launched in the country since the early 1990s” (Anh, 2017: 8). For these reasons, as well as the presence of CDI’s office and its involvement in industrial zones around Hanoi, I chose this city as my core research location.

This chapter will give a brief overview of the research context in Vietnam, by delineating economic and socio-political frameworks, followed by an account of gender dynamics and the garment industry. This background provides insight into the foundations of the study, towards contributing a ‘thick description’ to enhance the transferability of its findings (Bryman, 2012).

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II. Economic Context

Following a tumultuous history of French colonial rule ending with devastating war, subsequent foreign occupations and war with the U.S. triggering major economic damage, Vietnam faced a difficult financial landscape (Sasges & Cheschier, 2012). This history shaped the nation’s political-economy, which subsequently unified itself under its Socialist Republic, before fully recovering economically under its most recent reform (ibid.). In 1986, the Vietnamese government launched the historic Ðổi Mới reform, which sought to dynamically open its economy to global investments and trade, fronted by privatization and liberalization

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(Nadvi & al., 2004). This reform lifted the nation out of poverty by sparking a period of massive economic growth (ibid.). The Communist state moved towards a newfound hybrid “socialist-oriented market economy,” from its previous government-controlled “traditionally centrally-planned economy” (Anh, 2017: 14). Over the last decades, Ðổi Mới has promoted free-market incentives and deregulation by boosting private sector business activities and foreign-direct-investments (FDIs), while maintaining state intervention towards a “civilized and equitable society” (Beresford, 2008: 221). Accordingly, Vietnam witnessed profound integration into the global market, jointly promoted by bilateral and foreign trade agreements (FTAs), securing partnerships with major economies such as China, the United States and the E.U. (Anh, 2017).

By incorporating a multi-stakeholder structure into its market-system, Vietnam has become one of the world’s most open economies today (WB, 2020). Vietnam’s comprehensive economic restructuring fostered vigorous socio-economic transformation and ushered in a period of strong economic growth. Vietnam’s accession to lower middle-income country status, prompted by a steady rise in the nation’s GDP—consistently standing at about 6,4% over the last decade—achieved poverty reduction through increased employment opportunities (WB, 2016).

This upsurge has been considerably fueled by exports driven by foreign direct investments in the manufacturing industry, hailed as the ‘motor’ behind the nation’s economic growth (CNV, 2016). Vietnam has positioned itself as a solid global player in this regard, specifically in garment and textile exports (ibid.).

III. Socio-Political Context

With a population of 97 million as of 2018, expected to reach 120 million before 2050, Vietnam is Asia’s eighth most populous country (WB, 2020). Following a past marked by colonial rule and decades of war, Vietnam’s population soared, owing to major socio-economic and political change prompted by Ðổi Mới (Nguyen & Simkin, 2017).

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Ðổi Mới transformed society and spearheaded urbanization, as many citizens flocked to cities searching for new financial and professional opportunities, predominantly in manufacturing industries (ibid.). These changes engendered significant demographic and societal transformations, leading Vietnam’s Human Capital Index to reach 48 out of 157 countries (WB, 2020).

Vietnam’s Communist Party, composed of various socio-political associations, particularly the Vietnam’s Women’s Union (VWU) and the VGCL, has proven exceptionally resilient. This ‘inward-looking’ Party has endured major economic transformations, driven by ‘outward-looking’ politics and shifts in foreign policy doctrine, as well as increasing political pluralism throughout Vietnamese society (Nguyen, 2016). Nevertheless, this single-party structure subjects all associations and movements, such as feminist movements, to Party politics (Duong, 2001).

Vietnam has demonstrated its attachment to the SDGs, following its pledge to the MDGs (ibid.). However, inequalities persist between urban and rural populations, in terms of gender and among ethnic populations, and socio-political challenges relating to democracy and human-rights concerns prevail (Nguyen, 2016). Vietnam draws persistent criticism for wide-ranging human-rights abuses, particularly relating to the government’s monopoly of the country’s main social and political organizations, along with judiciary and religious institutions (HRW, 2019). The nation has attracted widespread condemnation from global actors for its repression of political opposition, by blocking non-state media, as well as freedom of expression and association, with vocal critics frequently punished for voicing dissent (CNV, 2016; RWB, 2019; HRW, 2019). Although a new Constitution affording protection in principle for these freedoms was adopted in 2013, related legislative provisions remain ambiguous and have not impelled substantial change (FWF, 2015: 8).

ii. The Labor Market

Vietnam boasts a large labor force, comprised of about 53 million people, and a participation rate of about 77% in 2016 (CNV, 2016). Only approximately 36% of this population is engaged in the formal sector, with the remainder assumed to be informally employed, predominantly within the agricultural sector (ibid.). These figures are evolving and formal participation is

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expanding, as traditional agricultural activities can no longer provide for basic household subsistence, leading many to look for supplementary sources of income or migrate to urban areas (Hoang, 2011). As these changes have occurred, Vietnam has made significant strides in improving labor legislation in recent years to protect formal workers’ interests (FWF, 2015).

Nonetheless, “there is still a gap between the national law and international labor standards” (BWV, 2019a: 5). The nation faces “challenges in accountability, inefficient regulatory agencies and prevalent corruption,” particularly in manufacturing sectors, suggestive of weak rule of law (CNV, 2016: 12). Although collective bargaining and the rights to organize and associate among workers are protected in theory, they are severely circumscribed in practice. Labor unions are inevitably controlled by the Vietnam Communist Party through their obligatory affiliation with Vietnam’s General Confederation of Labor (VGCL), whose chair is a member of the Party Central Committee, while alternative democratic unions are forbidden (Anti-Slavery International, 2018). In addition, high-ranking union officials are often chosen by managers of enterprises or are managers themselves, thereby undermining the effectiveness of collective bargaining (FWF, 2015; WRC, 2013). Furthermore, employers’ organizations, such as Vietnam’s Chamber of Commerce and Industry (VCCI), comprising most national industrial employers, AmCham, representing American companies and employers, as well as VITAS and VINATEX in the nation’s textile and garment industries, communicate regularly with local authorities on labor issues, promoting policies that naturally favor the interests of employers rather than those of labor (CNV, 2016).

With the U.S. and the E.U. representing Vietnam’s principal trade partners after China, certain FTAs, such as the Trans-Pacific Partnership (despite the U.S.’s withdrawal) and EU-Vietnam FTA, have fostered observance of democratic and labor rights through compliance with overarching trade rules, dictated by the ILO (HRW, 2019). Positive developments in the direction of granting more comprehensive labor rights can be noted in Vietnam’s ongoing collaboration with international agencies such as the ILO and the E.U. for labor code reforms (FWF, 2015). Moreover, in response to challenges with enforcing labor law compliance, MOLISA launched the Labor Inspection Campaign in 2015, to monitor legislative-compliance in the garment sector, in partnership with multilateral partners, notably the VGCL and VCCI, supported by the ILO (Fontana, 2018; ILO, 2015). However, the number of labor inspectors is

Made in Vietnam: A Critical Investigation into the Implementation of Menstruation-Related Labor Legislation in Vietnam's Garment Factories

Made in Vietnam: A Critical Investigation into the

Implementation of Menstruation-Related Labor

Legislation in Vietnam’s Garment Factories

Made in Vietnam: A Critical Investigation into the

Implementation of Menstruation-Related Labor

Legislation* in Vietnam’s Garment Factories

Abstract

Acknowledgments

Table of Contents

-List of Figures:

List of Tables:

List of Acronyms:

1. Introduction

2. Theoretical Framework

3. Conceptual Framework

4. Empirical Context

**Legislation* in Vietnam’s Garment Factories**