Full Description
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.
Contents
Introduction
Globalisation and Migrant Domestic Labour
Migrating for Domestic Work and Vulnerability to Exploitation
Framing and Contesting the Role of Law in Structuring Migrant Domestic Workers' Vulnerability
Th e ILO Instruments: Potential and Limitations
Migrant Domestic Labour in Europe
Aims and Approach
Chapter Overview
Data Collection
1. Domestic Workers under National Migration Regimes
Introduction
Migration Regime Features as Vulnerability Vectors
A Typology of European Migration Regimes on Domestic Workers
Comparing the Construction of Vulnerabilities under European Migration Regimes
Conclusion
2. Labour Law Regimes and Vulnerability
Introduction
Labour Law Regulation of Domestic Work in the UK, Cyprus, Sweden and Spain
Approaches to Illegally Employed Migrant Domestic Workers
Illegality Doctrines and Migrant Workers' Rights under Labour Law
Conclusion
3. Migrant Domestic Workers under EU Migration Law: Fragmentation and the Value of Work
Introduction
EU Sources on the Movement of EU and Non-EU Workers
Fragmentation, Different Hierarchies and the Value of Work: Implications for Migrant Domestic Workers
Domestic Workers under EU Law Sources on the Integration of Non-EU Migrants
EU Migration Law Norms on Illegally Resident Domestic Workers
Conclusion
4. Using EU Labour Law Sources to Challenge Domestic Workers' Vulnerability
Introduction
Domestic Work and the Personal Scope of EU Labour Law Sources
Substantive Rights in Selected Areas
How Does National Law Fare?
Conclusion
5. Challenging Vulnerability
Introduction
Organising Migrant Domestic Workers
Processes of Reform and Avenues to Challenge Domestic Workers' Vulnerability
Conclusion
