Migrant Labour and the Reshaping of Employment Law

Migrant workers have become a significant part of labor markets in highly developed countries, with 112 million resident migrant workers in 2013. This work examines the implications of contemporary labor migration for employment law regimes, focusing on equality of treatment, the position of migrant workers without a right to work, and the effects of migration levels and patterns on general employment law.

Format: Hardback
Length: 368 pages
Publication date: 20 April 2023
Publisher: Bloomsbury Publishing PLC

The phenomenon of migrant workers has emerged as a prominent aspect of labor markets in highly developed countries. According to estimates by the International Labour Organization (ILO), there were 112 million resident migrant workers in the 58 highest-income countries in 2013, constituting 16% of the global workforce. Additionally, the number of non-resident workers available for employment in other states has been on the rise, frequently on a temporary basis. This research adopts a thematic and comparative approach to explore the far-reaching implications of contemporary labor migration for employment law regimes in developed countries. By doing so, it seeks to enhance the recognition of labor migration-related issues and the interests of migrant workers within the realm of employment law scholarship.

The work comprises original analyses by esteemed scholars of migration and employment law at the European Union level, as well as in Australia, Canada, Germany, Italy, the Netherlands, Spain, the United Kingdom, and the United States. The specific position of migrant workers is examined, including considerations of equality of treatment and the legal status of migrant workers without a right to work. Furthermore, the study investigates the impact of migration levels and patterns on general employment law, encompassing areas such as collective bargaining and remedies against exploitation.

The presence of migrant workers has brought about both challenges and opportunities for employment law regimes in developed countries. On the one hand, it has expanded the pool of labor available, leading to increased competition and productivity in the workplace. On the other hand, it has raised concerns about the rights and protections of migrant workers, particularly those who may face discrimination or exploitation.

To address these challenges, developed countries have implemented a range of policies and regulations to protect the rights and interests of migrant workers. These policies include measures to regulate recruitment and employment practices, provide access to education and training programs, establish mechanisms for dispute resolution, and protect against exploitation and abuse.

However, the effectiveness of these policies in protecting the rights of migrant workers remains a subject of debate. Some argue that they are insufficiently comprehensive or fail to address the root causes of labor migration, such as poverty and inequality. Others argue that they may create barriers to entry for legitimate migrant workers and exacerbate discrimination against them.

In conclusion, the phenomenon of migrant workers has transformed the landscape of labor markets in developed countries. While it has brought about benefits in terms of increased labor supply and economic growth, it has also raised important questions about the rights and protections of migrant workers. It is essential to continue to explore and address these issues through policy and legal reforms to ensure that migrant workers are treated fairly and with dignity in the workplace.

Dimension: 234 x 156 (mm)
ISBN-13: 9781509919147