Temporary Labour Migration in the Global Era

Description

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. Acknowledgements Contents List of Contributors Part I:Introduction 1.Temporary Labour Migration in the Global Era I.Introduction II.Global Economic Integration and the Regulation
of Temporary Labour Migration III.Temporary Labour Migration in Pursuit of Economic Efficiency IV.Temporary Labour Migration and
the Production of Precarity V.Challenges in Realising Decent Work
for Temporary Migrant Workers VI.Contesting Temporariness: Status and the Social Effects of the Legal Regulation of Temporary Labour Migration VII.The Global Challenge of Temporary Labour
Migration: Regulatory Responses and Possibilities Part II:Global Economic Integration
and the Regulation of Temporary
Labour Migration 2.Seasonal Workers and
Intra-corporate Transferees
in EU Law I.Introduction II.Migration Law and Labour Law III.Temporary Labour Migration
in a Global Context IV.Understanding EU Migration Law: Limits and Potential V.The Two Directives Compared VI.Conclusions 3.Temporary Labour Migration and the Trade in Services I.Introduction: From Tariffs to Trade in Labour-Intensive Services, to Global Economic Integration II.A Matrix of Cross-Border Human
Labour Mobility Processes III.Regulating the Spaghetti Bowl of Trade-Related Temporary Human Migration Processes IV.A More Principled Approach: Equal Treatment and the Concept of Migrant Personal Work and Services Providers V.Conclusions 4.The Distinction Between Temporary Labour Migration and Posted Work\xa0in Austria I.Introduction II.Seasonality of Work and the Role
of Domestic and Foreign Labour III.Posted Work and Labour Market Impact IV.What Makes Posting Workers so Different
from Temporary Labour Migration? V.Conclusions Part III:Temporary Labour Migration in Pursuitof Economic Efficiency 5.Employer Demand for Skilled Migrant Workers I.Introduction II.Background to the Tier 2 (General) Visa Scheme III.The Admission of Migrants: A Typology IV.Meeting Skill Shortages ? V.Conclusion 6.Contesting the Demand-Driven Orthodoxy I.Introduction II.The Demand-Driven Orthodoxy III.Challenging the Orthodoxy IV.Future Directions for Reform of the 457 Visa Programme V.Conclusion Part IV:
Temporary Labour Migrationand the Production of Precarity 7.Migrant Domestic Workers
in British Columbia, Canada I.Introduction II.Legal Construction, Jurisdiction
and Migrant Domestic Workers\u2019 Unfreedom III.Trafficking, Modern Slavery
and Domestic Servitude in British Columbia IV.Conclusion 8.Why is Labour Protection for Temporary Migrant Workers so Fraught? I.The Broken Promise of Protection
for Temporary Migrant Workers II.Temporary Labour Migration and its Regulation
in Australia: The Case of 457 Visa Workers
and International Student Workers III.Employer Non-compliance and Temporary Migrant Workers in Australia IV.The Underlying Causes of Non-compliance in
Relation to Temporary Migrant Work in Australia V.Employer Practices in Poorly Regulated Industries VI.Concluding Thoughts Part V:
Challenges in Realising Decent Workfor Temporary Migrant Workers 9.Empowering Temporary Migrant Workers in Sweden I.Introduction II.Why a Legalistic Approach? III.The Swedish Regulation of Labour Migration IV.Some Facts and Figures V.Abuses and Responses VI.The Offer of Employment
and the Employment Contract VII.Employment Protection VIII.The Combined Effects of Labour Law,
Migration Law and Social Law IX.Alternative Solutions: Article 17
of the Seasonal Workers Directive X.A Particular Employment Contract XI.Conclusions 10.Temporary Labour Migration
and Modern Slavery I.Introduction II.Temporary Labour Migration and
Human Rights III.Modern Slavery IV.The UK Modern Slavery Act 2015 V.Victims or Workers? VI.Conclusion 11.The Regulation of Temporary Immigration as Part of New Forms of the Supply Chain I.Introduction II.European Union Regulation of Migration:
A Contradictory and Unbalanced
Framework for Migrant Workers
Fundamental Rights III.Flexibility and Marketisation: Trends in
European Union Migration Policies and their
Impact on Seasonal Migrant Workers in Spain IV.The Regulation of Temporary Seasonal
Migration in Spain: The Implementation
of the Flexiprecarity Model V.Policies of De-commodification of Temporary Immigration: A Multi-level Approach 12.Regulating Temporariness
in Italian Migration Law I.Introduction II.Labour Migration in Italian Law: An Overview III.Seasonal Migrants in Italian Migration Law:
Between Securitisation Policies
and Exploitation Part VI:
Contesting Temporariness: Status andthe Social Effects of the Legal Regulationof Temporary Labour Migration 13.The Membership of Migrant Workers and the Ethical Limits of Exclusion I.Introduction II.Transformation of Citizenship III.Rethinking Citizenship and Work IV.The Membership Entitlements of
Migrant Workers V.Implications of Recognising Residence and
Work as a Primary Basis for Membership VI.Conclusion 14.Protecting the Rights
of Temporary Migrant Workers I.Introduction II.The Price of Rights: Summary
of Key Arguments and Analysis III.A Response to Reviews IV.Conclusion: The Case for a Global
Migrant Rights Database Appendix A: Summary of the Methodology
for Constructing Indicators of \u2018Openness\u2019
and \u2018Migrant Rights\u2019 in The Price of Rights42 Part VII: The Global Challenge of TemporaryLabour Migration: Regulatory
Responses and Possibilities 15.Roles for Workers and Unions
in Regulating Labour
Recruitment in Mexico I.Introduction II.Recruitment Regulation in Mexico
and the United States III.The Importance of Migrant Participation
in Efforts to Regulate Recruitment IV.Case Studies V.Analysis Vi.Conclusion 16.Decent Labour Standards in Corporate Supply Chains I.Introduction II.Shortcomings of Current Public
and Private Law Approaches III.The Fair Food Program as a Model IV.Replicating the Immokalee Workers Model:
Some Preliminary Thoughts 17.Reducing Worker-Paid Migration Costs I.Introduction: Four Migration Phases II.The Three R\u2019s of the Labour Market: Recruitment, Remuneration and Retention III.Worker-Paid Migration Costs IV.Korea, Kuwait and Spain V.Conclusions 18.Temporary Labour Migration and Workplace Rights in Australia I.Introduction II.The Fair Work Ombudsman III.Enforcing Workplace Rights for Temporary
Migrant Workers using Enforceable
Undertakings (EUs) IV.Conclusion Index