Migrant Rights at Work
Migrant Rights at Work

Author: Laurie Berg

Publisher: Routledge

Published: 2015-06-26

Total Pages: 342

ISBN-13: 1317617819

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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.

Migrants at Work
Migrants at Work

Author: Cathryn Costello

Publisher:

Published: 2014

Total Pages: 502

ISBN-13: 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.

The Price of Rights
The Price of Rights

Author: Martin Ruhs

Publisher: Princeton University Press

Published: 2013-08-25

Total Pages: 269

ISBN-13: 1400848601

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Many low-income countries and development organizations are calling for greater liberalization of labor immigration policies in high-income countries. At the same time, human rights organizations and migrant rights advocates demand more equal rights for migrant workers. The Price of Rights shows why you cannot always have both. Examining labor immigration policies in over forty countries, as well as policy drivers in major migrant-receiving and migrant-sending states, Martin Ruhs finds that there are trade-offs in the policies of high-income countries between openness to admitting migrant workers and some of the rights granted to migrants after admission. Insisting on greater equality of rights for migrant workers can come at the price of more restrictive admission policies, especially for lower-skilled workers. Ruhs advocates the liberalization of international labor migration through temporary migration programs that protect a universal set of core rights and account for the interests of nation-states by restricting a few specific rights that create net costs for receiving countries. The Price of Rights analyzes how high-income countries restrict the rights of migrant workers as part of their labor immigration policies and discusses the implications for global debates about regulating labor migration and protecting migrants. It comprehensively looks at the tensions between human rights and citizenship rights, the agency and interests of migrants and states, and the determinants and ethics of labor immigration policy.

Migration and Human Rights
Migration and Human Rights

Author: Ryszard Cholewinski

Publisher: Cambridge University Press

Published: 2009-11-26

Total Pages: 499

ISBN-13: 1139482092

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The UN Convention on Migrant Workers' Rights is the most comprehensive international treaty in the field of migration and human rights. Adopted in 1990 and entered into force in 2003, it sets a standard in terms of access to human rights for migrants. However, it suffers from a marked indifference: only forty states have ratified it and no major immigration country has done so. This highlights how migrants remain forgotten in terms of access to rights. Even though their labour is essential in the world economy, the non-economic aspect of migration – and especially migrants' rights – remain a neglected dimension of globalisation. This volume provides in-depth information on the Convention and on the reasons behind states' reluctance towards its ratification. It brings together researchers, international civil servants and NGO members and relies upon an interdisciplinary perspective that includes not only law, but also sociology and political science.

Children, Human Rights and Temporary Labour Migration
Children, Human Rights and Temporary Labour Migration

Author: Rasika Ramburuth Jayasuriya

Publisher: Routledge

Published: 2021-06-22

Total Pages: 288

ISBN-13: 100041874X

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This book focuses on the neglected yet critical issue of how the global migration of millions of parents as low-waged migrant workers impacts the rights of their children under international human rights law. The work provides a systematic analysis and critique of how the restrictive features of policies governing temporary labour migration interfere with provisions of the Convention on the Rights of the Child that protect the child-parent relationship and parental role in children’s lives. Combining social and legal research, it identifies both potential harms to children’s well-being caused by prolonged child-parent separation and State duties to protect this relationship, which is deliberately disrupted by temporary labour migration policies. The book boldly argues that States benefitting from the labour of migrant workers share responsibility under international human rights law to mitigate harms to the children of these workers, including by supporting effective measures to maintain transnational child-parent relationships. It identifies measures to incorporate children’s best interests into temporary labour migration policies, offering ways to reduce interferences with children’s family rights. This book fills a gap that emerges at the intersection of child rights studies, migration research and existing literature on the purported nexus between labour migration and international development. It will be a valuable resource for academics, researchers and policymakers working in these areas. The Open Access version of this book, available at http://www.taylorfrancis.com/books/e/9781003028000, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license

Just Work?
Just Work?

Author: A. A. Choudry

Publisher: Wildcat

Published: 2016

Total Pages: 0

ISBN-13: 9780745335834

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As the struggle against neoliberalism becomes ever more global, Just Work will be the definitive book on the growing social and political power of one its major forces: migrant labor. From trade unions in South Africa to resistance in oppressive Gulf states, migrating forest workers in the Czech Republic, and illegal workers' organizations in Hong Kong, Just Work brings together a wealth of lived experiences and frontline struggles for the first time. Highlighting developments in the wake of austerity and attacks on traditional forms of labor organizing, the contributors show how workers are finding new and innovative ways of resisting. The result is both a rich analysis of where the movement stands today and a reminder of the potentially explosive power of migrant workers in the years to come.

Migrant Rights at Work
Migrant Rights at Work

Author: Laurie Berg

Publisher: Routledge

Published: 2015-06-26

Total Pages: 364

ISBN-13: 1317617800

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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.

Human Rights and Migrant Domestic Work
Human Rights and Migrant Domestic Work

Author: Maria Deanna P. Santos

Publisher: Brill Nijhoff

Published: 2005

Total Pages: 276

ISBN-13:

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On a general level, this research project concerns ways in which the domestic and international laws relating to the situation of migrant domestic workers (MDWs) are shaped by broader socio-political and economic factors. More specifically, this dissertation examines the human rights situation of Filipina MDWs who participate in Canada's Live-in Caregiver Program (LCP). It attempts to meet these objectives, in part, by undertaking a limited comparison of the situation of these Filipina MDWs and the Filipina MDWs in Hong Kong. The comparison is meant to further test and validate the arguments and proposals presented in this dissertation regarding the socio-legal status of Filipina MDWs under Canada's LCP. This is done through an analysis of existing data on Filipina MDWs, and a consideration of the ways in which the relevant laws and policies in these two jurisdictions affect, create and/or perpetrate the status quo in this area of social life. The main explanatory theoretical framework that is deployed is the Third World Approaches to International Law (the TWAIL theory).