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Migrant Labour and the Reshaping of Employment Law

2023-04-20 Law
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Release : 2023-04-20
Genre : Law
Kind : eBook
Book Rating : 155/5 ( reviews)

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Book Synopsis Migrant Labour and the Reshaping of Employment Law by : Bernard Ryan

Download or read book Migrant Labour and the Reshaping of Employment Law written by Bernard Ryan. This book was released on 2023-04-20. Available in PDF, EPUB and Kindle. Book excerpt: 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

2014 Business & Economics
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Release : 2014
Genre : Business & Economics
Kind : eBook
Book Rating : 106/5 ( reviews)

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Book Synopsis Migrants at Work by : Cathryn Costello

Download or read book Migrants at Work written by Cathryn Costello. This book was released on 2014. Available in PDF, EPUB and Kindle. Book excerpt: 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

2016 Business & Economics
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Release : 2016
Genre : Business & Economics
Kind : eBook
Book Rating : 327/5 ( reviews)

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Book Synopsis Migrant Rights at Work by : Laurie Berg

Download or read book Migrant Rights at Work written by Laurie Berg. This book was released on 2016. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Law, Migration and Precarious Labour

2020-11-09 Law
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Release : 2020-11-09
Genre : Law
Kind : eBook
Book Rating : 729/5 ( reviews)

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Book Synopsis Law, Migration and Precarious Labour by : Anastasia Tataryn

Download or read book Law, Migration and Precarious Labour written by Anastasia Tataryn. This book was released on 2020-11-09. Available in PDF, EPUB and Kindle. Book excerpt: Providing a radical new approach to labour migration, this book challenges the prevailing legal and political construction of the figure of the irregular migrant labourer, whilst at the same time reimagining this irregularity as the basis of an alternative, post-capitalist, sociality. The text draws on the work of contemporary philosopher Jean-Luc Nancy, and more specifically his term ‘ecotechnics’, in order to examine how economic, political, and juridical norms deny the full legal status of certain people who are deemed to be irregular. This ostensible irregularity is revealed as a regular feature of labour market practice, and a necessary support for the conceptual foundations of capitalist legality. As this book shows, however, this legality – and with it, the technological subordination of life to the circulation of capital as if this were the only possibility for our being in the world – is not insurmountable. The book’s consideration of the figure of the irregular migrant labourer comes to provide an alternative basis for reimagining our relationship not only with migration and with labour itself, but ultimately with each other. This powerful analysis of contemporary labour migration is of considerable interest to legal and political theorists, philosophers, labour lawyers, migration experts, and others with theoretical, political, or policy interests in this area.

Labour Migration in Europe Volume II

2018-09-17 Business & Economics
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Release : 2018-09-17
Genre : Business & Economics
Kind : eBook
Book Rating : 793/5 ( reviews)

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Book Synopsis Labour Migration in Europe Volume II by : Marco Borraccetti

Download or read book Labour Migration in Europe Volume II written by Marco Borraccetti. This book was released on 2018-09-17. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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