Migrants at Work: Immigration and Vulnerability in Labour Law

Description

This collection has its origins in the recognition that there is a highly significant and under-considered intersection and interaction between migration law and labour law. It is 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. The collection aims to shed light on the interactions between immigration, migration law, and labour law, in particular how migration status has a bearing on labour relations and the world of work. Contributors to the volume identify the many ways that migration law, as currently designed, divides the objectives of labour law, privileging employers’ interests in the supply of labour over worker-protective concerns. In addition, migration law creates a particular form of status, which affects labour relations, thereby dividing the subjects of labour law. While several contributions focus on the UK, other countries examined include 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. The collection identifies how migration law as currently configured jeopardizessome of the values and institutions of labour law. Keywords: immigration, migrants workers, labour law, vulnerability, migration status, employment relationship, personal work relations, human rights of migrants Title_Pages Preface Table_of_Cases Table_of_Legislation List_of_Contributors List_of_Abbreviations Migrants_at_Work_and_the_Division_of_Labour_Law Precarious_Pasts_Precarious_Futures Employers_and_Migrant_LegalityLiberalization_of_Service_Provision_Transnational_Posting_and_the_Bifurcation_of_the_European_Labour_Market Immigration_and_Labour_Market_ProtectionismProtecting_Local_Workers_Preferential_Access_to_the_National_Labour_Market Migrant_Workers_in_AgricultureA_Legal_Perspective The_EUs_Internal_Market_and_the_Fragmentary_Nature_of_EU_Labour_Migration Migration_Status_in_Labour_and_Social_Security_LawBetween_Inclusion_and_Exclusion_in_Italy The_Sectoral_Regulatory_RegimeWhen_Work_Migration_Controls_and_the_Sectorally_Differentiated_Labour_Market_Meet Migrants_Unfree_Labour_and_the_Legal_Construction_of_Domestic_ServitudeMigrant_Domestic_Workers_in_the_UK Migrant_Labour_in_the_United_StatesWorking_Beneath_the_Floor_for_Free_Labour Enforcement_of_Employment_Rights_by_Migrant_Workers_in_the_UKThe_Case_of_EU8_Nationals The_Right_of_Irregular_Immigrants_to_Back_PayThe_Spectrum_of_Protection_in_International_Regional_and_National_Legal_Systems Employer_Checks_of_Immigration_Status_and_Employment_Law Migrant_Workers_and_the_Right_to_Nondiscrimination_and_Equality Migrant_Rights_under_the_European_Social_Charter Black_Women_Workers_and_DiscriminationExit_Voice_and_Loyaltyor_Shifting Migration_Labour_Law_and_Religious_Discrimination Reconciling_Openness_and_High_Labour_StandardsSwedens_Attempts_to_Regulate_Labour_Migration_and_Trade_in_Services Links_between_Individual_Employment_Law_and_Collective_Labour_LawTheir_Implications_for_Migrant_Workers Organizing_against_Abuse_and_ExclusionThe_Associational_Rights_of_Undocumented_Workers Home_from_HomeMigrant_Domestic_Workers_and_the_International_Labour_Organization_Convention_on_Domestic_Workers Conflicted_PrioritiesEnforcing_Fairness_for_Temporary_Migrant_Workers_in_Australia Select_Bibliography Index