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Migrant Labour and the Reshaping of Employment Law

Migrant Labour and the Reshaping of Employment Law

Author: Bernard Ryan
Publisher: Hart Publishing
ISBN: 9781509919147

Published In: April 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509968329

List Price: HKD 975.00

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Description
Contents

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This book examines the implications of labour migration for employment law regimes in highly-developed countries. It adopts a comparative approach, with some chapters providing thematic overviews of the challenges posed by migration for employment law, and others addressing the main effects of migration upon employment law in particular countries.

The context of the book is the increased importance of actual and potential migration to the labour markets of highly-developed countries. Resident migrants' share of the labour force has increased markedly since the early 1990s, with the International Labour Organisation estimating that in 2013, there were 112 million migrant workers in the 58 highest-income countries, who made up 16% of the workforce.

In addition, non-resident workers have increasingly become part of the labour available for employment in other states, often on a temporary basis as posted or agency workers. This evolving labour market context has led to a series of challenges for, and effects upon, employment law.

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)