Temporary Labour Migration in the Global Era

✍ Scribed by Joanna Howe; Rosemary Owens (editors)

• Publisher: Hart Publishing
• Year: 2016
• Tongue: English
• Leaves: 441
• Series: Oñati International Series in Law and Society
• Category: Library

✦ Synopsis

In the global era, controversies abound over temporary labour migration; however, it has not previously been subjected to a sustained socio-legal analysis on a comparative basis, critiquing the underpinning concepts conventionally accepted as fundamental in this area. This collection of essays aims to fill that void. Complex regulatory challenges arise from temporary labour migration. This collection examines these challenges and the extent to which temporary labour migration programmes can be ethical, equitable and efficacious and so deliver decent work for workers. Whilst the tendency for migration law to divide labour law’s worker-protective mission has been observed before, the authors of the chapters comprising this collection seek not only to interrogate why and how this is so, but to go further in examining the implications and effects of a wide range of regulatory mechanisms on temporary labour migration.

✦ Table of Contents

Acknowledgements
Contents
List of Contributors
Part I:Introduction
1.Temporary Labour Migration in the Global Era
I.Introduction
II.Global Economic Integration and the Regulation
of Temporary Labour Migration
III.Temporary Labour Migration in Pursuit of Economic Efficiency
IV.Temporary Labour Migration and
the Production of Precarity
V.Challenges in Realising Decent Work
for Temporary Migrant Workers
VI.Contesting Temporariness: Status and the Social Effects of the Legal Regulation of Temporary Labour Migration
VII.The Global Challenge of Temporary Labour
Migration: Regulatory Responses and Possibilities
Part II:Global Economic Integration
and the Regulation of Temporary
Labour Migration
2.Seasonal Workers and
Intra-corporate Transferees
in EU Law
I.Introduction
II.Migration Law and Labour Law
III.Temporary Labour Migration
in a Global Context
IV.Understanding EU Migration Law: Limits and Potential
V.The Two Directives Compared
VI.Conclusions
3.Temporary Labour Migration and the Trade in Services
I.Introduction: From Tariffs to Trade in Labour-Intensive Services, to Global Economic Integration
II.A Matrix of Cross-Border Human
Labour Mobility Processes
III.Regulating the Spaghetti Bowl of Trade-Related Temporary Human Migration Processes
IV.A More Principled Approach: Equal Treatment and the Concept of Migrant Personal Work and Services Providers
V.Conclusions
4.The Distinction Between Temporary Labour Migration and Posted Work\xa0in Austria
I.Introduction
II.Seasonality of Work and the Role
of Domestic and Foreign Labour
III.Posted Work and Labour Market Impact
IV.What Makes Posting Workers so Different
from Temporary Labour Migration?
V.Conclusions
Part III:Temporary Labour Migration in Pursuitof Economic Efficiency
5.Employer Demand for Skilled Migrant Workers
I.Introduction
II.Background to the Tier 2 (General) Visa Scheme
III.The Admission of Migrants: A Typology
IV.Meeting Skill Shortages ?
V.Conclusion
6.Contesting the Demand-Driven Orthodoxy
I.Introduction
II.The Demand-Driven Orthodoxy
III.Challenging the Orthodoxy
IV.Future Directions for Reform of the 457 Visa Programme
V.Conclusion
Part IV:
Temporary Labour Migrationand the Production of Precarity
7.Migrant Domestic Workers
in British Columbia, Canada
I.Introduction
II.Legal Construction, Jurisdiction
and Migrant Domestic Workers\u2019 Unfreedom
III.Trafficking, Modern Slavery
and Domestic Servitude in British Columbia
IV.Conclusion
8.Why is Labour Protection for Temporary Migrant Workers so Fraught?
I.The Broken Promise of Protection
for Temporary Migrant Workers
II.Temporary Labour Migration and its Regulation
in Australia: The Case of 457 Visa Workers
and International Student Workers
III.Employer Non-compliance and Temporary Migrant Workers in Australia
IV.The Underlying Causes of Non-compliance in
Relation to Temporary Migrant Work in Australia
V.Employer Practices in Poorly Regulated Industries
VI.Concluding Thoughts
Part V:
Challenges in Realising Decent Workfor Temporary Migrant Workers
9.Empowering Temporary Migrant Workers in Sweden
I.Introduction
II.Why a Legalistic Approach?
III.The Swedish Regulation of Labour Migration
IV.Some Facts and Figures
V.Abuses and Responses
VI.The Offer of Employment
and the Employment Contract
VII.Employment Protection
VIII.The Combined Effects of Labour Law,
Migration Law and Social Law
IX.Alternative Solutions: Article 17
of the Seasonal Workers Directive
X.A Particular Employment Contract
XI.Conclusions
10.Temporary Labour Migration
and Modern Slavery
I.Introduction
II.Temporary Labour Migration and
Human Rights
III.Modern Slavery
IV.The UK Modern Slavery Act 2015
V.Victims or Workers?
VI.Conclusion
11.The Regulation of Temporary Immigration as Part of New Forms of the Supply Chain
I.Introduction
II.European Union Regulation of Migration:
A Contradictory and Unbalanced
Framework for Migrant Workers
Fundamental Rights
III.Flexibility and Marketisation: Trends in
European Union Migration Policies and their
Impact on Seasonal Migrant Workers in Spain
IV.The Regulation of Temporary Seasonal
Migration in Spain: The Implementation
of the Flexiprecarity Model
V.Policies of De-commodification of Temporary Immigration: A Multi-level Approach
12.Regulating Temporariness
in Italian Migration Law
I.Introduction
II.Labour Migration in Italian Law: An Overview
III.Seasonal Migrants in Italian Migration Law:
Between Securitisation Policies
and Exploitation
Part VI:
Contesting Temporariness: Status andthe Social Effects of the Legal Regulationof Temporary Labour Migration
13.The Membership of Migrant Workers and the Ethical Limits of Exclusion
I.Introduction
II.Transformation of Citizenship
III.Rethinking Citizenship and Work
IV.The Membership Entitlements of
Migrant Workers
V.Implications of Recognising Residence and
Work as a Primary Basis for Membership
VI.Conclusion
14.Protecting the Rights
of Temporary Migrant Workers
I.Introduction
II.The Price of Rights: Summary
of Key Arguments and Analysis
III.A Response to Reviews
IV.Conclusion: The Case for a Global
Migrant Rights Database
Appendix A: Summary of the Methodology
for Constructing Indicators of \u2018Openness\u2019
and \u2018Migrant Rights\u2019 in The Price of Rights42
Part VII: The Global Challenge of TemporaryLabour Migration: Regulatory
Responses and Possibilities
15.Roles for Workers and Unions
in Regulating Labour
Recruitment in Mexico
I.Introduction
II.Recruitment Regulation in Mexico
and the United States
III.The Importance of Migrant Participation
in Efforts to Regulate Recruitment
IV.Case Studies
V.Analysis
Vi.Conclusion
16.Decent Labour Standards in Corporate Supply Chains
I.Introduction
II.Shortcomings of Current Public
and Private Law Approaches
III.The Fair Food Program as a Model
IV.Replicating the Immokalee Workers Model:
Some Preliminary Thoughts
17.Reducing Worker-Paid Migration Costs
I.Introduction: Four Migration Phases
II.The Three R\u2019s of the Labour Market: Recruitment, Remuneration and Retention
III.Worker-Paid Migration Costs
IV.Korea, Kuwait and Spain
V.Conclusions
18.Temporary Labour Migration and Workplace Rights in Australia
I.Introduction
II.The Fair Work Ombudsman
III.Enforcing Workplace Rights for Temporary
Migrant Workers using Enforceable
Undertakings (EUs)
IV.Conclusion
Index