Migrants at Work: Immigration and Vulnerability in Labour Law

Hardcover | November 7, 2014

EditorCathryn Costello, Mark Freedland

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There is a highly significant and under-considered intersection and interaction between migration law and labour law. Labour lawyers have tended to regard migration law as generally speaking outside their purview, and migration lawyers have somewhat similarly tended to neglect labour law. Theculmination 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 labourrights and how the regulation of migration increasingly impacts upon employment and labour relations. Examining and clarifying the interactions between migration, migration law, and labour law, contributors to the volume identify the many ways that migration law, as currently designed, divides the objectives of labour law, privileging concerns about the labour supply and demand overworker-protective concerns. In addition, migration law creates particular forms of status, which affect employment relations, thereby dividing the subjects of labour law. Chapters cover the labour 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 migrationlaw 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 impacton labour law, for instance in their shared contemporary shift to using temporary labour migration programmes. Further chapters examine EU and international law on migration, labour rights, human rights, and human trafficking and smuggling, developing cross-jurisdictional and multi-levelperspectives. Written by leading scholars of labour 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.

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There is a highly significant and under-considered intersection and interaction between migration law and labour law. Labour lawyers have tended to regard migration law as generally speaking outside their purview, and migration lawyers have somewhat similarly tended to neglect labour law. Theculmination of a collaborative project on "M...

Cathryn Costello is Andrew W. Mellon Associate Professor in International Human Rights and Refugee Law, at the Refugee Studies Centre, Oxford, with a fellowship at St Antony's College. From 2003-2013, she was Francis Reynolds Fellow and Tutor in EU and Public Law at Worcester College, Oxford, during which time she also and completed he...

other books by Cathryn Costello

Format:HardcoverDimensions:512 pagesPublished:November 7, 2014Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198714106

ISBN - 13:9780198714101

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Table of Contents

1. Mark Freedland and Cathryn Costello: Migrants at Work and the Division of Labour LawPart I: Dividing the Objects of Labour Law2. Bridget Anderson: Precarious Pasts, Precarious Futures3. Georg Menz: Employers and Migrant Legality: Liberalization of Service Provision, Transnational Posting, and the Bifurcation of the European Labour Market4. Martin Ruhs: Immigration and Labour Market Protectionism: Protecting Local Workers' Preferential Access to the National Labour Market5. ACL Davies: Migrant Workers in Agriculture: A Legal Perspective6. Elspeth Guild: The EU's Internal Market and the Fragmentary Nature of EU Labour MigrationPart II: Dividing the Subjects of Labour Law7. Silvana Sciarra and William Chiaromonte: Migration Status in Labour and Social Security Law: Between Inclusion and Exclusion in Italy8. Einat Albin: The Sectoral Regulatory Regime: When Work Migration Controls and the Sectorally Differentiated Labour Market Meet9. Judy Fudge and Kendra Strauss: Migrants, Unfree Labour, and the Legal Construction of Domestic Servitude: Migrant Domestic Workers in the UK10. Maria Ontiveros: Migrant Labour in the United States: Working Beneath the Floor for Free Labour?11. Catherine Barnard: Enforcement of Employment Rights by Migrant Workers in the UK: The Case of EU-8 Nationals12. Elaine Dewhurst: The Right of Irregular Immigrants to Back Pay: The Spectrum of Protection in International, Regional and National Legal Systems13. Bernard Ryan: Employer Checks of Immigration Status and Employment LawPart III: Reintegration through Equality and Human Rights14. Shauna Olney and Ryszard Cholewinski: Migrant Workers and the Right to Non-discrimination and Equality15. Colm O'Cinneide: The European Social Charter on Migrant Rights16. Iyiola Solanke: Black Women Workers and Discrimination: Exit, Voice, and Loyalty...or 'Shifting'?17. Lucy Vickers: Migration, Labour Law, and Religious DiscriminationPart IV: Reintegrative Responses from Labour Law18. Samuel Engblom: Reconciling Openness and High Labour Standards? - Sweden's Attempts to Regulate Labour Migration and Trade in Services19. Alan Bogg and Tonia Novitz: Links between Individual Employment Law and Collective Labour Law: Their Implications for Migrant Workers20. Virginia Mantouvalou: Organizing against Abuse and Exclusion: the Associational Rights of Undocumented Workers21. Sandra Fredman: Home from Home: Migrant Domestic Workers and the ILO Convention on Domestic Workers22. Mary Crock, Sean Howe, and Ron McCallum: Conflicted Priorities? Enforcing Fairness for Temporary Migrants