Law Migration And Precarious Labour
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Law Migration And Precarious Labour
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Author : Anastasia Tataryn
language : en
Publisher: Routledge
Release Date : 2020-11-09
Law Migration And Precarious Labour written by Anastasia Tataryn and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-09 with Law categories.
Providing a radical new approach to labour migration, this book challenges the prevailing legal and political construction of the figure of the irregular migrant labourer, whilst at the same time reimagining this irregularity as the basis of an alternative, post-capitalist, sociality. The text draws on the work of contemporary philosopher Jean-Luc Nancy, and more specifically his term ‘ecotechnics’, in order to examine how economic, political, and juridical norms deny the full legal status of certain people who are deemed to be irregular. This ostensible irregularity is revealed as a regular feature of labour market practice, and a necessary support for the conceptual foundations of capitalist legality. As this book shows, however, this legality – and with it, the technological subordination of life to the circulation of capital as if this were the only possibility for our being in the world – is not insurmountable. The book’s consideration of the figure of the irregular migrant labourer comes to provide an alternative basis for reimagining our relationship not only with migration and with labour itself, but ultimately with each other. This powerful analysis of contemporary labour migration is of considerable interest to legal and political theorists, philosophers, labour lawyers, migration experts, and others with theoretical, political, or policy interests in this area.
Law Precarious Labour And Posted Workers
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Author : Marta Lasek-Markey
language : en
Publisher:
Release Date : 2023
Law Precarious Labour And Posted Workers written by Marta Lasek-Markey and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with LAW categories.
"This book examines the role of law in regulating and influencing the lived experiences of posted workers in Europe. The 'posting' of workers is an unusual type of labour mobility, where workers are hired out to provide a specific service in another country. Although it involves a specialised area of law, it is one that serves as a magnifying glass for the long-standing tension between the economic and social dimensions of law's regulatory role. As an atypical form of labour migration, posting also touches upon broader themes concerning the role and purpose of labour law in a changing world of work. Taking up these themes through interviews with posted workers, lawyers and employers, the book adopts a sociolegal approach to consider how the law shapes the precarious lived experiences of posted workers in Europe. Giving voice to those with first-hand experience, the book goes on to propose solutions that might address the precarity of posted work. This book will be of interest to scholars, researchers and practitioners working in the areas of labour law, sociolegal studies, EU law, and migration"--
Care Migration And Human Rights
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Author : Siobhán Mullally
language : en
Publisher: Routledge
Release Date : 2015-02-11
Care Migration And Human Rights written by Siobhán Mullally and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02-11 with Law categories.
The continuum of exploitation that has historically defined the everyday of domestic work - exclusion from employment and social security standards and precarious migration status – has frequently been neglected. It is primarily the moments of crisis, incidents of human trafficking, slavery or forced labour, that have captured the attention of human rights law. Only recently has human rights law has begun to address the structured inequalities and exclusions that define the domain of domestic work. This book addresses the specific position of domestic workers in the context of evolving human rights norms. Drawing upon a broad range of case studies, this book presents a thorough examination of key issues such as the commodification of care, the impact of the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights on ‘primary care providers’, as well as the effect that trends in migration law have on migrant domestic workers. This volume will be of interest to lawyers, academics and policy makers in the fields of human rights, migration, and gender studies.
Migrant Rights At Work
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Author : Laurie Berg
language : en
Publisher: Routledge
Release Date : 2015-06-26
Migrant Rights At Work written by Laurie Berg and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-06-26 with Law categories.
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.
Migrants At Work
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Author : Cathryn Costello
language : en
Publisher: OUP Oxford
Release Date : 2014-10-30
Migrants At Work written by Cathryn Costello and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-10-30 with Law categories.
There is a highly significant and under-considered intersection and interaction between migration law and labour law. Labour lawyers have tended to regard migration law as generally speaking outside their purview, and migration lawyers have somewhat similarly tended to neglect labour 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 labour rights and how the regulation of migration increasingly impacts upon employment and labour relations. Examining and clarifying the interactions between migration, migration law, and labour law, contributors to the volume identify the many ways that migration law, as currently designed, divides the objectives of labour law, privileging concerns about the labour 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 labour law. Chapters cover the labour 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 labour law, for instance in their shared contemporary shift to using temporary labour migration programmes. Further chapters examine EU and international law on migration, labour rights, human rights, and human trafficking and smuggling, developing cross-jurisdictional and multi-level perspectives. Written by leading scholars of labour 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.
Precarious Lives
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Author : Lewis, Hannah
language : en
Publisher: Policy Press
Release Date : 2015-11-18
Precarious Lives written by Lewis, Hannah and has been published by Policy Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-11-18 with Social Science categories.
Available Open Access under CC-BY-NC-ND licence This ground breaking book presents the first evidence of forced labour among displaced migrants who seek refuge in the UK. Through a critical engagement with contemporary debates about precarity, unfreedom and socio-legal status, the book explores how asylum and forced labour are linked, and enmeshed in a broader picture of modern slavery produced through globalised working conditions. Drawing on original evidence generated in fieldwork with refugees and asylum seekers, this is important reading for students and academics in social policy, social geography, sociology, politics, refugee, labour and migration studies, and policy makers and practitioners working to support migrants and tackle forced labour.
Law Migration And Precarious Labour
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FREE 30 Days
Author : Anastasia Tataryn
language : en
Publisher: Routledge
Release Date : 2020-11-09
Law Migration And Precarious Labour written by Anastasia Tataryn and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-09 with Law categories.
Providing a radical new approach to labour migration, this book challenges the prevailing legal and political construction of the figure of the irregular migrant labourer, whilst at the same time reimagining this irregularity as the basis of an alternative, post-capitalist, sociality. The text draws on the work of contemporary philosopher Jean-Luc Nancy, and more specifically his term ‘ecotechnics’, in order to examine how economic, political, and juridical norms deny the full legal status of certain people who are deemed to be irregular. This ostensible irregularity is revealed as a regular feature of labour market practice, and a necessary support for the conceptual foundations of capitalist legality. As this book shows, however, this legality – and with it, the technological subordination of life to the circulation of capital as if this were the only possibility for our being in the world – is not insurmountable. The book’s consideration of the figure of the irregular migrant labourer comes to provide an alternative basis for reimagining our relationship not only with migration and with labour itself, but ultimately with each other. This powerful analysis of contemporary labour migration is of considerable interest to legal and political theorists, philosophers, labour lawyers, migration experts, and others with theoretical, political, or policy interests in this area.
Precarious Work
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Author : Jeff Kenner
language : en
Publisher: Edward Elgar Publishing
Release Date : 2019
Precarious Work written by Jeff Kenner and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.
This discerning book provides a wide-ranging comparative analysis of the legal and social policy challenges posed by the spread of different forms of precarious work in Europe, with various social models in force and a growing ‘gig economy’ workforce. It not only considers the theoretical foundations of the concept of precarious work, but also offers invaluable insight into the potential methods of addressing this phenomenon through labour regulation and case law at EU and national level.
Negotiating Solidarity
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Author : Nedžad Meši?
language : en
Publisher: Linköping University Electronic Press
Release Date : 2017-01-25
Negotiating Solidarity written by Nedžad Meši? and has been published by Linköping University Electronic Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-25 with categories.
Precarious migrant workers are today an everyday part of the Swedish labour market. They often work under conditions of vulnerability, on temporary contracts and with few rights. This dissertation examines collective actions aiming to improve the precarious conditions of three categories of workers –discriminated, seasonal and undocumented. The collective actors examined in the dissertation are composed of formal organisations such as non-governmental organisations, organisations founded on ethnic grounds and trade unions, but also more temporary groups and networks. The analysis foregrounds contemporary societal, economical and legal transfigurations that create the conditions for collaboration among the actors and the negotiations which they conduct. The dissertation contains four articles. The first article, addressing the situation of discriminated migrant workers, scrutinises the conditions for the engagement of anti-discrimination agencies. The result of the study illustrates how the actors, as a consequence of state subsidies, alter their original course of conduct by becoming market orientated,which contributes to tensions in relations with other collaborators. The second and third articles focus on the situation of Bulgarian-Roma berry pickers in the 2012 harvesting season. Thesearticles illuminate on the one hand, the driving forces to their labour migration and the challenges faced in Sweden, and on the other, the emergence of different collective actions and their significance for the workers. The fourth article centres on two trade union initiatives for the inclusion of undocumentedmigrant workers. The article analyses the challenges faced by the unions as they seek to extend solidarity to workers who are relegated to informal work. The article also elucidates that this endeavour,nonetheless, may have the potential to transform the political identity of trade unions and, by extension through collaborations with other collective actors, open the doors of solidarity for precarious EU migrants. In sum, the four articles show that there is a broad range of collective actors who are preparedto assist precarious migrant workers and to negotiate and at best improve their labour market conditions.These actors face many and difficult challenges. However, as the dissertation demonstrates, their engagement has made the reality of precarious migrant work visible to the public, legitimised the workers’ needs and enabled them to claim their rights.
Enforcing Exclusion
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Author : Sarah Grayce Marsden
language : en
Publisher: UBC Press
Release Date : 2018-08-31
Enforcing Exclusion written by Sarah Grayce Marsden and has been published by UBC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-31 with Law categories.
Migrant workers, though long welcomed in Canada for their labour, are often excluded from both workplace protections and basic social benefits such as health care, income assistance, and education. Through interviews with migrants and their advocates, Marsden shows that people with precarious migration status face barriers in law, policy, and practice, affecting their ability to address adverse working conditions and their access to institutions such as hospitals, schools, and employment standards boards. Enforcing Exclusion recasts what migration status means to both the state and to non-citizens, questioning the adequacy of human-rights-based responses in addressing its exclusionary effects.