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Migrant Labour and the Reshaping of Employment Law

Migrant Labour and the Reshaping of Employment Law
Author: Bernard Ryan
Publisher: Bloomsbury Publishing
Total Pages: 363
Release: 2023-04-20
Genre: Law
ISBN: 1509919155

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The presence of migrant workers has become a central feature of labour markets in highly developed countries. The International Labour Organisation estimates that in 2013 there were 112 million resident migrant workers in the 58 highest-income countries, who made up 16% of the workforce. Non-resident workers have also increasingly become part of the labour available for employment in other states, often on a temporary basis. This work takes a thematic and comparative approach to examine the profound implications of contemporary labour migration for employment law regimes in highly developed countries. In so doing, it aims to promote greater recognition of labour migration-related questions, and of the interests of migrant workers, within employment law scholarship. The work comprises original analyses by leading scholars of migration and employment law at the European Union level, and in Australia, Canada, Germany, Italy, the Netherlands, Spain, the United Kingdom and the United States. The specific position of migrant workers is addressed, for example as regards equality of treatment, or the position in employment law of migrant workers without a right to work. The work also explores the effects of migration levels and patterns upon general employment law – including the law relating to collective bargaining, and remedies against exploitation.


Migrants at Work

Migrants at Work
Author: Cathryn Costello
Publisher:
Total Pages: 502
Release: 2014
Genre: Business & Economics
ISBN: 0198714106

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There is a highly significant and under-considered intersection and interaction between migration law and labor law. Labor lawyers have tended to regard migration law as generally speaking outside their purview, and migration lawyers have somewhat similarly tended to neglect labor law. The culmination of a collaborative project on 'Migrants at Work' funded by the John Fell Fund, the Society of Legal Scholars, and the Research Centre at St John's College, Oxford, this volume brings together distinguished legal and migration scholars to examine the impact of migration law on labor rights and how the regulation of migration increasingly impacts upon employment and labor relations. Examining and clarifying the interactions between migration, migration law, and labor law, contributors to the volume identify the many ways that migration law, as currently designed, divides the objectives of labor law, privileging concerns about the labor supply and demand over worker-protective concerns. In addition, migration law creates particular forms of status, which affect employment relations, thereby dividing the subjects of labor law. Chapters cover the labor laws of the UK, Australia, Ireland, Israel, Italy, Germany, Sweden, and the US. References are also made to discrete practices in Brazil, France, Greece, New Zealand, Mexico, Poland, and South Africa. These countries all host migrants and have developed systems of migration law reflecting very different trajectories. Some are traditional countries of immigration and settlement migration, while others have traditionally been countries of emigration but now import many workers. There are, nonetheless, common features in their immigration law which have a profound impact on labor law, for instance in their shared contemporary shift to using temporary labor migration programs. Further chapters examine EU and international law on migration, labor rights, human rights, and human trafficking and smuggling, developing cross-jurisdictional and multi-level perspectives. Written by leading scholars of labor law, migration law, and migration studies, this book provides a diverse and multidisciplinary approach to this field of legal interaction, of interest to academics, policymakers, legal practitioners, trade unions, and migrants' groups alike.


Migrant Rights at Work

Migrant Rights at Work
Author: Laurie Berg
Publisher:
Total Pages: 326
Release: 2016
Genre: Business & Economics
ISBN: 9781315752327

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Public debates about the terms of membership and inclusion have intensified as developed economies increasingly rely on temporary migrant labour. While most agree that temporary migrant workers are entitled to the general protection of employment laws, temporary migrants have, by definition, restricted rights to residence, full social protections and often to occupational and geographic mobility. This book raises important ethical questions about the differential treatment of temporary and unauthorised migrant workers, and permanent residents, and where the line should be drawn between exploitation and legitimate employment. Taking the regulatory reforms of Australia as a key case study, Laurie Berg explores how the influence of immigration law extends beyond its functions in regulating admission to and exclusion from a country. Berg examines the ways in which immigration law and enforcement reconfigure the relationships between migrant workers and employers, producing uncertain and coercive working conditions. In presenting an analytical approach to issues of temporary labour migration, the book develops a unique theoretical framework, contending that the concept of precariousness is a more fruitful way than equality or vulnerability to evaluate and address issues of temporary migrant labour. The book will be of great interest to scholars and practitioners of immigration law and employment law and policy.


Migrant Workers

Migrant Workers
Author: International Labour Office
Publisher: International Labour Organization
Total Pages: 342
Release: 1999
Genre: Contract labor
ISBN: 9789221108085

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Migrant Domestic Workers in Europe

Migrant Domestic Workers in Europe
Author: Vera Pavlou
Publisher: Bloomsbury Publishing
Total Pages: 290
Release: 2021-10-21
Genre: Law
ISBN: 1509942386

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This book explores the often neglected, but overwhelmingly common, everyday vulnerability of those who support the smooth functioning of contemporary societies: paid domestic workers. With a focus on the multiple disadvantages these – often migrant – workers face when working and living in Europe, the book investigates the role of law in producing, reinforcing – or, alternatively, attenuating – vulnerability to exploitation. It departs from approaches that focus on extreme abuse such as 'modern' slavery or trafficking, to consider the much more widespread day-to-day vulnerabilities created at the intersection of different legal regimes. The book, therefore, examines issues such as low wages, unregulated working time, dismissals and the impact of migration status on enforcing rights at work. The complex legal regimes regulating migrant domestic labour in Europe include migration and labour law sources at different levels: international, national and, as this book demonstrates, also EU. With an innovative lens that combines national, comparative, and multilevel analysis, this book opens up space for transformative legal change for migrant domestic workers in Europe and beyond.


Labour Migration in Europe Volume II

Labour Migration in Europe Volume II
Author: Marco Borraccetti
Publisher: Springer
Total Pages: 139
Release: 2018-09-17
Genre: Business & Economics
ISBN: 3319939793

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Violence, deception, fraud and abuse have always been commonplace occurrences for migrants, not only in their final country of destination but also in their countries of origin and countries of transit. In today’s world, the link between mobility and security issues is ever-increasing. Acknowledging this, how can we work to protect and improve migrants’ rights? Is the protection for migrants offered by the EU sufficient as-is, or is a more integrated approach that requires greater cooperation from migrants’ country of origin called for? What role can the private sector play in all of this? In this book, Borraccetti brings together contributions that analyse how migrant exploitation can be combatted. All essays focus on the protection and promotion of human rights and pay particular attention to the rights of children and other vulnerable people.


National Effects of the Implementation of EU Directives on Labour Migration from Third Countries

National Effects of the Implementation of EU Directives on Labour Migration from Third Countries
Author: Roger Blanpain
Publisher: Kluwer Law International B.V.
Total Pages: 274
Release: 2016-03-23
Genre: Law
ISBN: 9041162704

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Guaranteeing third country national workers robust equal treatment with regard to working conditions and pay is a crucial condition for avoiding social dumping, exploitation, and other reasons for regime shopping within the EU. However, Member States are still reluctant to compromise control of their borders and their labour markets. The EU legislation adopted is, as a result, fragmented and full of solutions that give Member States an extensive margin of room for manoeuvre. In this book six distinguished European labour law academics discuss how three EU directives on labour migration – the Single Permit Directive, the Blue Card Directive, and the Directive on Seasonal Employment – interact with the labour migration systems of France, Germany, Italy, Poland, and Sweden – five countries with very different characteristics and approaches to implementation. Concrete issues dealt with in each country include the following: – conditions for granting work permits; - reasons for withdrawing a work permit; - how long a migrant worker can stay; - whether a migrant worker can bring his or her family; - employment and labour rights of migrant workers; - migrant workers' access to social rights; - how a migrant worker may enforce rights; - sanctions for violations of applicable provisions; and - potential for permanent status for a migrant worker. For each of these issues the authors analyse to what extent national legislators have been ready to adapt their national systems in order to fulfill the aims of the EU directives. They also identify unintended, or at least not explicit, effects of the implementation process. The authors clearly reveal whether the ambitions of the EU when initiating this process can be detected in the implementation process, and how implementation of the three directives have changed and could change national law on these issues. As the first in-depth analysis of how the intersection of migration and labour law and their impact on labour and employment relations play out in the EU context this book brings important insights to the growing literature in this field. The analysis will be of particular interest to national legislators, but is also sure to be warmly welcomed by academics and practitioners in fields related to labour and employment and migration.


The Palgrave Handbook of International Labour Migration

The Palgrave Handbook of International Labour Migration
Author: M. Panizzon
Publisher: Springer
Total Pages: 585
Release: 2016-01-18
Genre: Social Science
ISBN: 1137352213

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This Handbook focuses on the complexity surrounding the interaction between trade, labour mobility and development, taking into consideration social, economic and human rights implications, and identifies mechanisms for lawful movements across borders and their practical implementation.


Merchants of Labour

Merchants of Labour
Author: International Labour Office
Publisher: International Labour Organization
Total Pages: 522
Release: 2006
Genre: Business & Economics
ISBN: 9789290147800

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More workers are crossing national borders to look for jobs than ever before. Many migrants seek overseas employment with the help of agents or intermediaries. These "merchants of labour" include relatives who finance a migrant's trip, provide housing and arrange for a job abroad; public employment services; and private recruitment agencies. They also comprise an insalubrious underworld of smugglers and traffickers. The agents who recruit and deploy migrant workers are at the heart of the evolving migration infrastructure, i.e. the network of business and personal ties that is creating a global labour market. This book highlights best practices in the activities and regulation of these merchants of labour as well as innovative strategies to protect migrant workers, underlining the contribution of ILO standards. It covers a broad range of national and regional experiences and puts "merchants of labour" in the wider context of changing employment relationships in globalizing labour markets. The papers it contains are an important contribution to understanding a major mechanism facilitating the growth of the migrant labour force.


Migrant Labour and Related Issues

Migrant Labour and Related Issues
Author: Vidyuta Joshī
Publisher:
Total Pages: 354
Release: 1987
Genre: Business & Economics
ISBN:

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Revised papers presented at the National Seminar on Migrant Labour and Related Issues, held at Gandhi Labour Institute, Ahmedabad, India, in October 1985.