Full Description
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.
Contents
1. From Labour Migration to Employment Law Reform: A Comparative Interpretation, Bernard Ryan (University of Leicester, UK)
Part 1: Equality
2. The Same, Only Different: How to Make Swedish Labour Law Work for Labour Migrants, Petra Herzfeld Olsson (Stockholm University, Sweden)
3. Exploitation Based on Migrant Status in the United States: Current Trends and Historical Roots, Maria Ontiveros (University of San Francisco, USA)
4. Is There a Welcoming Culture for Migrant Workers in the German Labour Market? Olaf Deinert (Institute of Labour Law of Göttingen University, Germany)
5. 'Wanderer, the Road is Made by Walking': The Long Hard Road Towards Equality for Migrants in Employment in Spain, Ferran Camas Roda (University of Girona, Spain)
Part 2: Countering Exploitation
6. Labour's Recourse? Legal Protections and Remedies for Migrant Workers in Canada, Sarah Marsden (Thompson Rivers University, Canada)
7. Exploitation of Unauthorised Migrant Workers in Australia: Access to the Protection of Employment Law, Laurie Berg (University of Technology Sydney, Australia) and Bassina Farbenblum (UNSW Sydney, Australia)
8. Blurring Legal Divides: The EU Employer Sanctions Directive and its Implementations in the Netherlands, Tesseltje de Lange (Radboud University Nijmegen, the Netherlands)
9. Irregular Migrants and Fundamental Social Rights: The Case of Back-Pay under the English Law on Illegality, Alan Bogg (University of Bristol, UK)
10. Counteracting Labour Exploitation: The Italian Response to Undeclared Work by Migrants, William Chiaromonte (University of Florence Law School, Italy)
Part 3: Reconciliations
11. New Labour Laws in Old Member States: The impact of the EU Enlargements on National Labour Law Systems in Europe, Rebecca Zahn (University of Strathclyde, Glasgow, UK)
12. Revisiting the Ethics of Temporary Labour Migration Programmes: The Role of Exit in Migrant Work Relations, Mimi Zou (University of Exeter, UK)
13. Rationales for Regulation of Temporary Movement of Natural Persons: Options for a Post-Brexit Model, Tonia Novitz (University of Bristol, UK)
14. Migration in Employment Law Scholarship in Britain: Going Beyond Methodological Nationalism, Bernard Ryan (University of Leicester, UK)
