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Public debates about the terms of membership and inclusion have intensified as developed economies increasingly rely on temporary migrant labour. While most agree that temporary migrant workers are entitled to the general protection of employment laws, temporary migrants have, by definition, restricted rights to residence, full social protections and often to occupational and geographic mobility. This book raises important ethical questions about the differential treatment of temporary and unauthorised migrant workers, and permanent residents, and where the line should be drawn between exploitation and legitimate employment. Taking the regulatory reforms of Australia as a key case study, Laurie Berg explores how the influence of immigration law extends beyond its functions in regulating admission to and exclusion from a country. Berg examines the ways in which immigration law and enforcement reconfigure the relationships between migrant workers and employers, producing uncertain and coercive working conditions. In presenting an analytical approach to issues of temporary labour migration, the book develops a unique theoretical framework, contending that the concept of precariousness is a more fruitful way than equality or vulnerability to evaluate and address issues of temporary migrant labour. The book will be of great interest to scholars and practitioners of immigration law and employment law and policy.
Examines the major issues in the field today: the theoretical challenges of international protection; lessons learned from the field including Afghanistan, Iraq and Sudan; jurisprudential responses from courts; due process issues from Europe, Canada and the United States, and the special needs of migrant workers.
If the right policies are in place, labour migration can help countries respond to shifts in labour supply and demand, stimulate innovation and sustainable development, and transfer and update skills. However, a lack of international standards regarding concepts, definitions and methodologies for measuring labour migration data still needs to be addressed. This report gives global and regional estimates, broken down by income group, gender and age. It also describes the data, sources and methodology used, as well as the corresponding limitations. The report seeks to contribute to the 2018 Global Compact for Safe, Orderly and Regular Migration and to achieving SDG targets 8.8 and 10.7
Migration presents a stark policy dilemma. Research repeatedly confirms that migrants, their families back home, and the countries that welcome them experience large economic and social gains. Easing immigration restrictions is one of the most effective tools for ending poverty and sharing prosperity across the globe. Yet, we see widespread opposition in destination countries, where migrants are depicted as the primary cause of many of their economic problems, from high unemployment to declining social services. Moving for Prosperity: Global Migration and Labor Markets addresses this dilemma. In addition to providing comprehensive data and empirical analysis of migration patterns and their impact, the report argues for a series of policies that work with, rather than against, labor market forces. Policy makers should aim to ease short-run dislocations and adjustment costs so that the substantial long-term benefits are shared more evenly. Only then can we avoid draconian migration restrictions that will hurt everybody. Moving for Prosperity aims to inform and stimulate policy debate, facilitate further research, and identify prominent knowledge gaps. It demonstrates why existing income gaps, demographic differences, and rapidly declining transportation costs mean that global mobility will continue to be a key feature of our lives for generations to come. Its audience includes anyone interested in one of the most controversial policy debates of our time.
The UN Convention on Migrant Workers' Rights is the most comprehensive international treaty in the field of migration and human rights. Adopted in 1990 and entered into force in 2003, it sets a standard in terms of access to human rights for migrants. However, it suffers from a marked indifference: only forty states have ratified it and no major immigration country has done so. This highlights how migrants remain forgotten in terms of access to rights. Even though their labour is essential in the world economy, the non-economic aspect of migration – and especially migrants' rights – remain a neglected dimension of globalisation. This volume provides in-depth information on the Convention and on the reasons behind states' reluctance towards its ratification. It brings together researchers, international civil servants and NGO members and relies upon an interdisciplinary perspective that includes not only law, but also sociology and political science.
This insightful book discusses how policymakers define migrant workers’ status and rights at international and national levels. Assessing the evolution of the language of rights for migrant workers in international law; definition of migrant workers in Turkish legislation; key political and economic factors on Turkish migration policies; protection mechanisms that safeguard migrant workers’ rights, it critically examines the policymaking processes at international, regional and national levels and evaluates the impact of the ‘values’ such as universal or ethnocentric values, on the definitions of status and rights of migrant workers. The chapters evaluate the status and rights of migrant workers through the lens of cosmopolitan moral constructivism and examine the law making procedures and illustrate the dynamism of these processes with the inclusion of various conditions and actors. The book dissects the key universal and national values that impact on rights of migrant workers. This timely book challenges the rising right-wing ethnocentric policy approaches to (labour) migration to migrant workers’ rights, and problematises the existing legal definitions within migration policies that place the rights of migrant workers into a precarious policy sphere. By entering the controversial political debate for labour migration and the policy making realm, this book is ideal for scholars and researchers of political science, international relations and social policy, particularly those focusing on international (labour) migration and migration policies. It will further benefit the policymakers and practitioners working on migration, such as UN agencies, NGOs, civil societies and local authorities.
This anthology analyzes low-wage migrant workers in Europe from many perspectives, including migration policies, human rights, economics, and more. Free movement of workers and services in the EU calls into question the extent to which the labor market and its institutions are able to counteract negative consequences, such as downward wage pressures and abuse of workers. These essays flesh out the imbalances that unfairly disadvantage low-wage workers, shed light on their causes, and discuss possible solutions.
There is a highly significant and under-considered intersection and interaction between migration law and labor law. Labor lawyers have tended to regard migration law as generally speaking outside their purview, and migration lawyers have somewhat similarly tended to neglect labor 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 labor rights and how the regulation of migration increasingly impacts upon employment and labor relations. Examining and clarifying the interactions between migration, migration law, and labor law, contributors to the volume identify the many ways that migration law, as currently designed, divides the objectives of labor law, privileging concerns about the labor 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 labor law. Chapters cover the labor 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 labor law, for instance in their shared contemporary shift to using temporary labor migration programs. Further chapters examine EU and international law on migration, labor rights, human rights, and human trafficking and smuggling, developing cross-jurisdictional and multi-level perspectives. Written by leading scholars of labor 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.