Migrant Labour and the Reshaping of Employment Law
Migrant Labour and the Reshaping of Employment Law

Author: Bernard Ryan

Publisher: Bloomsbury Publishing

Published: 2023-04-20

Total Pages: 363

ISBN-13: 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.

Women Migrant Workers
Women Migrant Workers

Author: Zahra Meghani

Publisher: Routledge

Published: 2015-10-05

Total Pages: 237

ISBN-13: 1317387643

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This volume makes the case for the fair treatment of female migrant workers from the global South who are employed in wealthy liberal democracies as care workers, domestic workers, home health workers, and farm workers. An international panel of contributors provide analyses of the ethical, political, and legal harms suffered by female migrant workers, based on empirical data and case studies, along with original and sophisticated analyses of the complex of systemic, structural factors responsible for the harms experienced by women migrant workers. The book also proposes realistic and original solutions to the problem of the unjust treatment of women migrant workers, such as social security systems that are transnational and tailored to meet the particular needs of different groups of international migrant workers.

Human Rights at Work
Human Rights at Work

Author: Alan Bogg

Publisher: Bloomsbury Publishing

Published: 2024-10-03

Total Pages: 526

ISBN-13: 1509938753

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Should workers ever lose their job because of their political views or affiliations? Should female employees be entitled to wear a headscarf in the workplace for religious reasons? Can it ever be right for an employer to dismiss someone for personal activities undertaken in their leisure time? What restrictions, if any, should be placed on the right to strike ? Engagingly written, this innovative new textbook provides an entry point for exploring these and other topical issues, enabling students to analyse the applicability of human rights to disputes between employers and workers in the UK. It offers an original perspective on the traditional topics of employment law as well as looking in greater depth at new issues, such as employees' use of social media or the enforcement of human rights in the gig economy. Uniquely, the book considers the most important international Conventions that are relevant for the law in the UK, especially the European Convention on Human Rights, the European Social Charter, Conventions of the International Labour Organisation, and the Charter of Fundamental Rights of the European Union. A central question that each of the chapters addresses is whether UK employment law is compatible with human rights law. Each chapter discusses all the key cases drawn from various jurisdictions, including the Court of Justice of the European Union and the European Court of Human Rights. Written by a stellar team of authors, this textbook is an invaluable teaching aid for both postgraduate and undergraduate students studying employment law, human rights, human resource management, and industrial relations.

Patterns of Exploitation
Patterns of Exploitation

Author: Anna K. Boucher

Publisher: Oxford University Press

Published: 2023

Total Pages: 313

ISBN-13: 0197599117

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"With an estimated 164 million workers globally, migrant workers are an essential component of contemporary workplaces. Despite their number and indispensability in the global economy, these workers suffer workplace violations that range from underpayment of wages, to unsafe work conditions through to sexual assault and even industrial manslaughter. Patterns of Exploitation documents the bases for exploitation. It does this through a comparison of labor laws and practices in six labor law jurisdictions and four countries, over a twenty-year period: Australia, Canada (Ontario, British Columbia and Alberta), the United Kingdom (England) and the United States (California). Starting with a startling new database (the Migrant Worker Rights Database) of 907 court cases involving 1,912 migrants, this unprecedented study offers in-depth analysis of seven court cases to document individual migrant experiences. It draws upon 53 interviews with leading counsel (and other actors) on both sides of litigation to provide an assessment of the patterns of exploitation that emerge. The central factors informing these narratives are ethnicity, gender, occupational sector, visa status, trade union membership and enforcement policy. Yet, the key factor that explains variation across cases is the industrial relations systems of these four countries. This central finding emphasizes ongoing institutional resilience in labor market regulation, even within most-similar liberal market economies that these cases represent"--

Migration Vulnerability
Migration Vulnerability

Author: Marius Olivier

Publisher: African Sun Media

Published: 2024-09-10

Total Pages: 438

ISBN-13: 1991260377

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This title explores the urgent and often overlooked issue of social protection for migrant workers, focusing on Africa's rapidly evolving migration landscape. As international labour migration continues to surge due to both push and pull factors, this book delves into the social protection deficits experienced by three key migrant groups: high-skilled professionals, informal economy workers, and those impacted by climate change. Organised into 15 insightful chapters, the book offers a cross-disciplinary examination of these challenges, drawing on perspectives from law, economics, social development, and environmental studies. By highlighting the limited access to social security benefits faced by these groups, it presents a compelling case for the need for robust policy interventions. This authoritative volume not only fills a critical gap in this research but also serves as a vital resource for policymakers, researchers, and practitioners dedicated to improving the welfare and security of migrants in Africa and beyond.

Privatisation of Migration Control
Privatisation of Migration Control

Author: Austin Sarat

Publisher: Emerald Group Publishing

Published: 2021-09-27

Total Pages: 123

ISBN-13: 1801176647

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This special issue is the second of a two-part edited collection on the privatisation of migration. The central thrust of the special issue is a critical analysis of modern day manifestations of private participation in immigration control.

Migrant Domestic Workers in Europe
Migrant Domestic Workers in Europe

Author: Vera Pavlou

Publisher: Bloomsbury Publishing

Published: 2021-10-21

Total Pages: 290

ISBN-13: 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.

Temporary Labour Migration in the Global Era
Temporary Labour Migration in the Global Era

Author: Joanna Howe

Publisher: Bloomsbury Publishing

Published: 2016-11-17

Total Pages: 579

ISBN-13: 1509906290

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In the global era, controversies abound over temporary labour migration; however, it has not previously been subjected to a sustained socio-legal analysis on a comparative basis, critiquing the underpinning concepts conventionally accepted as fundamental in this area. This collection of essays aims to fill that void. Complex regulatory challenges arise from temporary labour migration. This collection examines these challenges and the extent to which temporary labour migration programmes can be ethical, equitable and efficacious and so deliver decent work for workers. Whilst the tendency for migration law to divide labour law's worker-protective mission has been observed before, the authors of the chapters comprising this collection seek not only to interrogate why and how this is so, but to go further in examining the implications and effects of a wide range of regulatory mechanisms on temporary labour migration.

South-south Migration and Remittances
South-south Migration and Remittances

Author: Dilip Ratha

Publisher: World Bank Publications

Published: 2007

Total Pages: 70

ISBN-13: 0821370731

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"South-South Migration and Remittances" reports on preliminary results from an ongoing effort to improve data on bilateral migration stocks. It sets out some working hypotheses on the determinants and socioeconomic implications of South-South migration. Contrary to popular perception that migration is mostly a South-North phenomenon, South-South migration is large. Available data from national censuses suggest that nearly half of the migrants from developing countries reside in other developing countries. Almost 80 percent of South-South migration takes place between countries with contiguous borders. Estimates of South-South remittances range from 9 to 30 percent of developing countries' remittance receipts in 2005. Although the impact of South-South migration on the income of migrants and natives is smaller than for South-North migration, small increases in income can have substantial welfare implications for the poor. The costs of South-South remittances are even higher than those of North-South remittances. These findings suggest that policymakers should pay attention to the complex challenges that developing countries face not only as countries of origin, but also as countries of destination.

Social Issues in China
Social Issues in China

Author: Zhidong Hao

Publisher: Springer Science & Business Media

Published: 2013-08-23

Total Pages: 335

ISBN-13: 1461422248

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Since 1978, the opening up and reform in China has brought tremendous economic and social changes. While China’s economic progress has been commendable, the social problems that go with economic changes have raised serious concerns. Some of those concerns are related to gender, ethnic, labor, and environmental issues. This book is about what has happened in these arenas in China since the opening up and reform in 1978. The study of gender, ethnicity, labor, and environment touches on some of the fundamental problems of modernization, especially the development of individuals and groups. So even though gender, ethnicity, labor, and environment seem to be separate issues, they are in fact related in some fundamental ways. That’s what this book will explore as well. To understand is one thing and to do is another. This book also incorporates studies of NGO practices to see how NGOs have helped in transforming gender, ethnic, labor, and environment interplay. Our study of NGOs in helping improve such interplay sheds light on how specifically civil society can prod the state to transform social relations for the better. This book is an attempt to assess the changes, both positive and negative, in gender, ethnic, ethnic, and environmental relations in China especially in the past 30 years of opening up and reform, especially regarding national identity formation. ​