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.
Author(s): Bernard Ryan; Rebecca Zahn (editors)
Publisher: Hart Publishing
Year: 2023
Language: English
Pages: 365
City: Oxford
Preface
Table of Contents
List of Contributors
1. From Labour Migration to Employment Law Reform: A Comparative Interpretation
I. Introduction
II. Contemporary Labour Migration
III. The Influence of Migration upon Employment Law
IV. Conclusion
PART I: EQUALITY
2. The Same, Only Different: How to Make Swedish Labour Law Work for Labour Migrants
I. Introduction
II. The Swedish Labour Law Model
III. Labour Migrants from Third Countries
IV. Intra-EU Posted Workers
V. Irregular Labour Migrants
VI. Concluding Remarks
3. Exploitation Based on Migrant Status in the United States: Current Trends and Historical Roots
I. Introduction
II. Non-Citizen Workers in the United States: Past and Present
III. Workplace Protections for Non-Citizen Workers
IV. Connecting the Current Treatment of Non-Citizen Labour to History
V. Conclusion
4. Is There a Welcoming Culture for Migrant Workers in the German Labour Market?
I. Introduction
II. Migration and the Labour Market since 1945
III. Labour Migration Policy
IV. The Labour Law Approach to Migrant Workers
V. The Labour Law Status of Posted Workers
VI. The Status of Migrant Workers in an Irregular Situations
VII. Conclusion
5. 'Wanderer, the Road is Made by Walking': The Long, Hard Road Towards Equality for Migrants in Employment in Spain
I. Introduction
II. Equal Access to Employment for Foreign Workers
III. Equality in Employment
IV. Undocumented Migrant Workers: Scope of Labour and Social Security Rights
V. Conclusion
PART II: COUNTERING EXPLOITATION
6. Labour's Recourse? Legal Protections and Remedies for Migrant Workers in Canada
I. Introduction
II. Migrant Workers in Canada
III. Statutes Regulating Employers
IV. Provincial Employment Standards Law
V. Anti-Discrimination Law
VI. Common Law Remedies
VII. Collective Labour Rights
VIII. Conclusion
7. Exploitation of Unauthorised Migrant Workers in Australia: Access to the Protection of Employment Law
I. Introduction
II. The Contours of Unauthorised Work in Australia
III. The Labour Entitlements of Unauthorised Workers
IV. Unauthorised Workers' Ability to Recover Wages in Practice
V. Paths Forward
8. Blurring Legal Divides: The EU Employer Sanctions Directive and its Implementation in the Netherlands
I. Introduction
II. Theorising the Blurring of Boundaries
III. The 'Blurred' EU Employer Sanctions Directive 2009/52
IV. Employer Sanctions and Irregular Migrant Rights in the Netherlands
V. Concluding Discussion
9. Irregular Migrants and Fundamental Social Rights: The Case of Back-Pay under the English Law on Illegality
I. Introduction
II. The Illegality Doctrine and Irregular Migrant Workers: Some Preliminaries
III. The Social Rights of Irregular Migrant Workers: A Normative Framework
IV. The Fundamental Social Right to Back-Pay: The Legal Framework after Patel
V. Conclusion
10. Counteracting Labour Exploitation: The Italian Response to Undeclared Work by Migrants
I. The Boundaries of the Investigation: Undeclared Work by Migrants
II. Undeclared Work by Migrants: The Context
III. The Regulation of Labour Migration as a Cause of Undeclared Work
IV. The Fight against Informal and Irregular Work: Punitive Provisions
V. Concluding Remarks: The Continuing Relevance of a Labour Law Perspective
PART III: RECONCILIATIONS
11. New Labour Laws in Old Member States: The Impact of EU Enlargements on National Labour Law Systems in Europe
I. Introduction
II. Contextualising the Enlargements
III. The Effects of Enlargement upon Employment Law
IV. European Labour Law Reform
V. Conclusion
12. Revisiting the Ethics of Temporary Labour Migration Programmes: The Role of Exit in Migrant Work Relations
I. Introduction
II. Common Justifications for Restricting Temporary Labour Migrants' Rights
III. Existing Proposals for Rights Restrictions
IV. Moving Forward: The Role of Exit
V. Conclusion
13. Rationales for Regulation of Temporary Movement of Natural Persons: Options for a Post-Brexit Model
I. An Introduction to the Law and Issues
II. The Human Rights Rationale
III. A Fair Competition or Social Dumping Rationale
IV. Equal Treatment
V. Sustainability
VI. A Conclusion
14. Migration in Employment Law Scholarship in Britain: Going Beyond Methodological Nationalism
I. Introduction
II. Methodological Nationalism, Employment Law and Migration
III. Employment Law Scholarship on Migration
IV. Access to the Labour Market
V. Equal Application of Labour Standards
VI. Conclusion: Variations within Employment Law Scholarship on Labour Migration
Index
