Labour law is in crisis. Global economic factors and the changing contours of work and workplace relations have led to a reorientation of the social, economic, political and cultural environment within which labour law has developed. This is not a jurisdictional problem but rather is deeply entrenched in transnational development. Solutions must recognise and mobilise the transformational shift that has taken place over recent decades. Law should be viewed as a force for and a facilitator of change, capable of expressing and determining social relations. The essays in this book explore the challenges posed by labour law's potential reinvention as a discipline fit for accommodating and investigating such change within a range of different but connected jurisdictional and regulatory concepts and paradigms.

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.

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.

The enlargement of the EU in 2004 and 2007 has led to greatly increased free movement of workers from 'new' to 'old' member states. The unprecedented scale of this migration has had a profound impact on the regulation of labour law in Europe. This book compares the ways trade unions have responded to the effects of the enlargements, and in particular to the increased migration of workers across borders. It undertakes a contextualised comparison of trade union responses in Austria, Germany, Ireland, Sweden and the UK, and examines the relationship between trade unions and labour law at a national and European level. This analysis illustrates how trade unions can use law to better respond to changing regulatory and opportunity structures, and indicates the kinds of laws that would benefit trade unions at a national and European level.

The enlargement of the EU in 2004 and 2007 has led to greatly increased free movement of workers from 'new' to 'old' member states. The unprecedented scale of this migration has had a profound impact on the regulation of labour law in Europe. This book compares the ways trade unions have responded to the effects of the enlargements, and in particular to the increased migration of workers across borders. It undertakes a contextualised comparison of trade union responses in Austria, Germany, Ireland, Sweden and the UK, and examines the relationship between trade unions and labour law at a national and European level. This analysis illustrates how trade unions can use law to better respond to changing regulatory and opportunity structures, and indicates the kinds of laws that would benefit trade unions at a national and European level.