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.
General
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