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Migrants at Work

Migrants at Work Immigration and Vulnerability in Labour Law

  • Author:
  • Publisher: Oxford University Press
  • ISBN: 9780198714101
  • Published In: November 2014
  • Format: Hardback , 512 pages
  • Jurisdiction: U.K. ? Disclaimer:
    Countri(es) stated herein are used as reference only

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  • Description 
  • Contents 
  • Author 
  • Details

    • Identifies an important new area of law, the intersection of migration and labour law
    • Focuses on the impact of migration and migration law on labour law and employment relations
    • Takes a multidisciplinary, comparative and international approach, with contributions by leading scholars in the fields of political economy, migration studies, and domestic and international law
    • Examines UK, EU, and international law on migration, labour rights, human rights, and human trafficking and smuggling, developing cross-jurisdictional and multi-level perspectives

    There is a highly significant and under-considered intersection and interaction between migration law and labour law. Labour lawyers have tended to regard migration law as generally speaking outside their purview, and migration lawyers have somewhat similarly tended to neglect labour law. 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, this volume brings together distinguished legal and migration scholars to examine the impact of migration law on labour rights and how the regulation of migration increasingly impacts upon employment and labour relations.

    Examining and clarifying the interactions between migration, migration law, and labour law, contributors to the volume identify the many ways that migration law, as currently designed, divides the objectives of labour law, privileging concerns about the labour supply and demand over worker-protective concerns. In addition, migration law creates particular forms of status, which affect employment relations, thereby dividing the subjects of labour law. 

    Chapters cover the labour laws of the UK, 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. These countries all host migrants and have developed systems of migration law reflecting very different trajectories. Some are traditional countries of immigration and settlement migration, while others have traditionally been countries of emigration but now import many workers. There are, nonetheless, common features in their immigration law which have a profound impact on labour law, for instance in their shared contemporary shift to using temporary labour migration programmes. Further chapters examine EU and international law on migration, labour rights, human rights, and human trafficking and smuggling, developing cross-jurisdictional and multi-level perspectives. 

    Written by leading scholars of labour law, migration law, and migration studies, this book provides a diverse and multidisciplinary approach to this field of legal interaction, of interest to academics, policymakers, legal practitioners, trade unions, and migrants' groups alike.

    Readership: Academics, practitioners, and policy makers in the fields of labour law, employment law, migrant law, and international and EU law, and international politics and migration studies

  • 1: Mark Freedland and Cathryn Costello: Migrants at Work and the Division of Labour Law
    Part I: Dividing the Objects of Labour Law
    2: Bridget Anderson: Precarious Pasts, Precarious Futures
    3: Georg Menz: Employers and Migrant Legality: Liberalization of Service Provision, Transnational Posting, and the Bifurcation of the European Labour Market
    4: Martin Ruhs: Immigration and Labour Market Protectionism: Protecting Local Workers' Preferential Access to the National Labour Market
    5: ACL Davies: Migrant Workers in Agriculture: A Legal Perspective
    6: Elspeth Guild: The EU's Internal Market and the Fragmentary Nature of EU Labour Migration
    Part II: Dividing the Subjects of Labour Law
    7: Silvana Sciarra and William Chiaromonte: Migration Status in Labour and Social Security Law: Between Inclusion and Exclusion in Italy
    8: Einat Albin: The Sectoral Regulatory Regime: When Work Migration Controls and the Sectorally Differentiated Labour Market Meet
    9: Judy Fudge and Kendra Strauss: Migrants, Unfree Labour, and the Legal Construction of Domestic Servitude: Migrant Domestic Workers in the UK
    10: Maria Ontiveros: Migrant Labour in the United States: Working Beneath the Floor for Free Labour?
    11: Catherine Barnard: Enforcement of Employment Rights by Migrant Workers in the UK: The Case of EU-8 Nationals
    12: Elaine Dewhurst: The Right of Irregular Immigrants to Back Pay: The Spectrum of Protection in International, Regional and National Legal Systems
    13: Bernard Ryan: Employer Checks of Immigration Status and Employment Law
    Part III: Reintegration through Equality and Human Rights
    14: Shauna Olney and Ryszard Cholewinski: Migrant Workers and the Right to Non-discrimination and Equality
    15: Colm O'Cinnéide: The European Social Charter on Migrant Rights
    16: Iyiola Solanke: Black Women Workers and Discrimination: Exit, Voice, and Loyalty...or 'Shifting'?
    17: Lucy Vickers: Migration, Labour Law, and Religious Discrimination
    Part IV: Reintegrative Responses from Labour Law
    18: Samuel Engblom: Reconciling Openness and High Labour Standards? - Sweden's Attempts to Regulate Labour Migration and Trade in Services
    19: Alan Bogg and Tonia Novitz: Links between Individual Employment Law and Collective Labour Law: Their Implications for Migrant Workers
    20: Virginia Mantouvalou: Organizing against Abuse and Exclusion: the Associational Rights of Undocumented Workers
    21: Sandra Fredman: Home from Home: Migrant Domestic Workers and the ILO Convention on Domestic Workers
    22: Mary Crock, Sean Howe, and Ron McCallum: Conflicted Priorities? Enforcing Fairness for Temporary Migrants

  • Cathryn Costello is Andrew W. Mellon Associate Professor in International Human Rights and Refugee Law, at the Refugee Studies Centre, Oxford, with a fellowship at St Antony's College. From 2003-2013, she was Francis Reynolds Fellow & Tutor in EU & Public Law at Worcester College, Oxford, during which time she also and completed her DPhil studies on EU asylum and immigration law. She began her academic career at the Law School, Trinity College Dublin, and from 2000-2003, she also held the position of Director of the Irish Centre for European Law. Cathryn has published widely on many aspects of EU and human rights law, including asylum and refugee law, immigration, EU Citizenship and third country national family members, family reunification, and immigration detention. Her monograph on the Human Rights of Migrants in European Law will be published in OUP in 2014.

    Mark Freedland is a Research Fellow of the Oxford Institute of European and Comparative Law, an Emeritus Research Fellow of St John's College, Oxford, and an Honorary Professor in the Law Faculty of University College London. He is also a Fellow of the British Academy, a Bencher of Gray's Inn, and an Honorary Queen's Counsel. He was first initiated into labour law (or 'Industrial Law' as it was then called) as an undergraduate student of Professor Roger Rideout, at UCL, in 1963-66. Following postgraduate studies at the University of Oxford (under the tutelage of Sir Otto Kahn-Freund) he went on to become one of the Law Tutors of St John's College, and a Reader in the Oxford Law Faculty with the title of Professor, his research and writing being in the fields of Labour Law and Public Law.

    Contributors: 
    Einat Albin is Lecturer in law and the Academic Director of the Clinical Legal Education Center at the Hebrew University in Jerusalem. 
    Bridget Anderson is Professor of Migration and Citizenship and Deputy Director at the Centre on Migration, Policy and Society (COMPAS) at the University of Oxford. 
    Catherine Barnard is Professor of European Union Law and Employment Law at the University of Cambridge and a fellow of Trinity College.
    Alan Bogg is Professor of Labour Law at the University of Oxford and a Fellow and Tutor in Law at Hertford College.
    William Chiaromonte is Researcher in Labour Law at the University of Florence Law School. 
    Ryszard Cholewinski is a Migration Policy Specialist in the Labour Migration Branch, Conditions of Work and Equality Department at the International Labour Organization (ILO). 
    Cathryn Costello is Andrew W. Mellon Associate Professor in International Human Rights and Refugee Law, at the Refugee Studies Centre, Oxford, and a fellow of St Antony's College.
    Mary Crock is Professor of Public Law and Associate Dean of Research at the Faculty of Law, University of Sydney. 
    ACL Davies is Professor of Law and Public Policy at the University of Oxford, and the Garrick Fellow and Tutor in Law at Brasenose College. 
    Elaine Dewhurst is a Lecturer in Employment Law at the University of Manchester. 
    Samuel Engblom is the chief legal advisor of TCO - The Swedish Confederation for Professional Employees. 
    Sandra Fredman is Rhodes Professor of the Laws of the British Commonwealth and the USA and a fellow of Pembroke College Oxford. 
    Mark Freedland is Emeritus Professor of Employment Law in the University of Oxford, an Emeritus Research Fellow of St John's College, Oxford, and an Honorary Professor in the Law Faculty of University College London. 
    Judy Fudge is Professor at Kent Law School, University of Kent.
    Elspeth Guild is Jean Monnet Professor ad personam at Queen Mary, University of London and Radboud University Nijmegen, Netherlands, a partner at Kingsley Napley, and an associate senior research fellow at the Centre for European Policy Studies, Brussels. 
    Sean Howe is an Associate to Deputy President Peter Sams AM at the Fair Work Commission in Sydney, Australia. 
    Virginia Mantouvalou is Reader in Human Rights and Labour Law at University College London (UCL) and Co-Director of the UCL Institute for Human Rights. 
    Ron McCallum is Professor Emeritus in the Faculty of Law, University of Sydney. 
    Georg Menz is Professor of Political Economy and Jean Monnet Chair in European Integration at Goldsmiths College, University of London. 
    Tonia Novitz is Professor of Labour Law at the University of Bristol. 
    Colm O'Cinneide is a Reader in Law at University College London. 
    Shauna Olney is Chief of the Gender, Equality and Diversity Branch, in the Conditions of Work and Equality Department of the ILO. 
    Maria Ontiveros is Professor of Law at the University of San Francisco. 
    Martin Ruhs is Associate Professor of Political Economy at the Department for Continuing Education at the University of Oxford, and a Fellow of Kellogg College. 
    Bernard Ryan is Professor of Migration Law at the University of Leicester. 
    Silvana Sciarra is Professor of Labour law and European social law at the University of Florence Law School and external Professor at LUISS Guido Carli in Rome.
    Iyiola Solanke is a Senior Lecturer in the School of Law at the University of Leeds, a Visiting Professor at Wake Forest University Law School and an Academic Fellow of the Inner Temple. 
    Kendra Strauss is an Assistant Professor in the Labour Studies Program at Simon Fraser University and an Associate Member of the Department of Geography. 
    Lucy Vickers is Professor of Law at Oxford Brookes University.

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