Download or read book Migration for Employment and Self employment Steps Forward to Combat the Plague of Illegal Employment in the European Legal Order written by Athanasia Christidi and published by . This book was released on 2006 with total page 73 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Migrants at Work written by Cathryn Costello and published by . This book was released on 2014 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Labour Migration in Europe Volume II written by Marco Borraccetti and published by Springer. This book was released on 2018-09-17 with total page 139 pages. Available in PDF, EPUB and Kindle. Book excerpt: Violence, deception, fraud and abuse have always been commonplace occurrences for migrants, not only in their final country of destination but also in their countries of origin and countries of transit. In today’s world, the link between mobility and security issues is ever-increasing. Acknowledging this, how can we work to protect and improve migrants’ rights? Is the protection for migrants offered by the EU sufficient as-is, or is a more integrated approach that requires greater cooperation from migrants’ country of origin called for? What role can the private sector play in all of this? In this book, Borraccetti brings together contributions that analyse how migrant exploitation can be combatted. All essays focus on the protection and promotion of human rights and pay particular attention to the rights of children and other vulnerable people.
Download or read book National Effects of the Implementation of EU Directives on Labour Migration from Third Countries written by Roger Blanpain and published by Kluwer Law International B.V.. This book was released on 2016-03-23 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Guaranteeing third country national workers robust equal treatment with regard to working conditions and pay is a crucial condition for avoiding social dumping, exploitation, and other reasons for regime shopping within the EU. However, Member States are still reluctant to compromise control of their borders and their labour markets. The EU legislation adopted is, as a result, fragmented and full of solutions that give Member States an extensive margin of room for manoeuvre. In this book six distinguished European labour law academics discuss how three EU directives on labour migration – the Single Permit Directive, the Blue Card Directive, and the Directive on Seasonal Employment – interact with the labour migration systems of France, Germany, Italy, Poland, and Sweden – five countries with very different characteristics and approaches to implementation. Concrete issues dealt with in each country include the following: – conditions for granting work permits; - reasons for withdrawing a work permit; - how long a migrant worker can stay; - whether a migrant worker can bring his or her family; - employment and labour rights of migrant workers; - migrant workers' access to social rights; - how a migrant worker may enforce rights; - sanctions for violations of applicable provisions; and - potential for permanent status for a migrant worker. For each of these issues the authors analyse to what extent national legislators have been ready to adapt their national systems in order to fulfill the aims of the EU directives. They also identify unintended, or at least not explicit, effects of the implementation process. The authors clearly reveal whether the ambitions of the EU when initiating this process can be detected in the implementation process, and how implementation of the three directives have changed and could change national law on these issues. As the first in-depth analysis of how the intersection of migration and labour law and their impact on labour and employment relations play out in the EU context this book brings important insights to the growing literature in this field. The analysis will be of particular interest to national legislators, but is also sure to be warmly welcomed by academics and practitioners in fields related to labour and employment and migration.
Download or read book The Palgrave Handbook of International Labour Migration written by M. Panizzon and published by Springer. This book was released on 2016-01-18 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook focuses on the complexity surrounding the interaction between trade, labour mobility and development, taking into consideration social, economic and human rights implications, and identifies mechanisms for lawful movements across borders and their practical implementation.
Download or read book The Legal Status of Migrants Admitted for Employment written by Ryszard Ignacy Cholewinski and published by Council of Europe. This book was released on 2004-01-01 with total page 98 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent trends indicate that European countries are admitting more foreign workers to fill labour shortages caused by ageing populations and the increasing globalisation. Consequently, some European countries have adopted new laws and policies in order to attract both highly-skilled and less skilled foreign workers. However, the legal status of these migrants has become a matter of concern. The new measures do not entirely meet the established principles and standards of the Council of Europe aimed at protecting the rights of migrant workers, such as those of the European Social Charter and the European Convention on the Legal Status of Migrant Workers. This study focuses on the rules relating to the legal status of the main categories of migrant workers admitted for employment in some Council of Europe member states. It considers the important question of whether these national rules are structured in a way to assist migrants in their integration in the host country, in terms of granting them a secure residence status and economic and social rights, or whether they discourage or even prevent such integration.
Download or read book The fundamental rights of irregular migrants in the European Union written by Alina Alexe and published by GRIN Verlag. This book was released on 2017-03-24 with total page 61 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essay from the year 2013 in the subject Law - European and International Law, Intellectual Properties, grade: merit, Queen Mary University of London (Law Department), course: LLM, language: English, abstract: This paper examines two fundamental social rights belonging to irregular migrants: the right to work and the right to healthcare. Even though there is a lack of specific legal provisions directly applicable to this social category, the general ones, such as the Charter of Fundamental Rights of the European Union, the International Covenant on Economic, Social and Political Rights, also concern undocumented migrants. They are analyzed from general to particular taking into consideration broad terms such as “all”, ‘every”, “everyone”, which include the specific category of undocumented migrants. The existent case law, although characterized by scarcity because of the migrants’ fear of being deported when lodging claims in courts, emphasizes the fact that this social category also has rights and these rights are recognized and defended in national and European courts. The obstacles in accessing fundamental rights are also analyzed. The practical implications are taken into consideration. Ideas to improve the exercise of fundamental rights to work and healthcare by irregular migrants are suggested at the end of every chapter. Being human beings, they have the right to social protection regardless of their status.
Download or read book EU Labour Migration in Troubled Times written by Béla Galgóczi and published by Routledge. This book was released on 2016-04-22 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The debate on the free movement of labour within the EU has gained new momentum in the wake of the economic crisis. Building on the earlier Ashgate publication EU Labour Migration Since Enlargement, the editors have assembled a team of experts from across Europe to shed light on the critical issues raised by internal labour mobility within the EU in the context of economic crisis and labour market pressures. The book's chapters tease out the links between economic developments, regulatory frameworks and migration patterns in different European countries. A central focus is on issues of skills and skills mismatch and how they relate to migration forms, duration and individual decisions to stay or return. Based on detailed analysis of European and national-level sources, the results presented clearly contradict assumptions about a "knowledge driven migration". Rather, over-qualification and the corresponding underutilisation of migrant workers' skills emerge as a pervasive phenomenon. At the same time the characteristics of migrants - not just skills, but socio-demographic characteristics and attitudes - and also their labour market integration are shown to be very diverse and to vary substantially between different sending and receiving countries. This calls for a differentiated analysis and raises complex issues for policymakers. Examples where policy has contributed to positive outcomes for both migrants and domestic workforces are identified. Unique in analysing labour migration flows within the European Union in a comparative manner putting skills into the centre and taking account of the effects of the economic crisis, while addressing policy concerns this is a valuable resource for academics, policymakers and practitioners alike.
Download or read book Ubiquitous Citizens of Europe written by Oxana Golynker and published by Intersentia nv. This book was released on 2006 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focuses on economically active persons resident in one country while working in another, which traditionally embraced frontier and posted workers, but nowadays takes new forms. Outlines the correlations between citizenship, bona fide residence, labour migration, and socio-economic rights of partial migrants in the European Union, with particular reference to Union citizenship, and examines problems associated with rights in the areas of social security, taxation, and housing. Scrutinizes the latest case law of the European Court of Justice.
Download or read book Undocumented Workers Transitions written by Sonia McKay and published by Routledge. This book was released on 2012-10-02 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how immigration laws, while aimed at discouraging undocumented migration, actually sustain it. It documents the circumstances that have caused previously documented migrants to become undocumented and explores the impact of their changing status on their families and on their own employment opportunities. The authors argue that undocumented migrants are forced into the most precarious types of work, and changes in the way that employment is organised, with a shift into temporary, agency and sub-contracted work, makes undocumented migrants particularly attractive in some employment markets. This groundbreaking volume draws substantially on data collected from a two-year research study in seven European countries that was focused on understanding the impact of migration flows on EU labour markets.
Download or read book Migrant Rights at Work written by Laurie Berg and published by Routledge. This book was released on 2015-06-26 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Migrants Before the Law written by Tobias G. Eule and published by Springer. This book was released on 2018-11-19 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book traces the practices of migration control and its contestation in the European migration regime in times of intense politicization. The collaboratively written work brings together the perspectives of state agents, NGOs, migrants with precarious legal status, and their support networks, collected through multi-sited fieldwork in eight European states: Austria, Denmark, Germany, Italy, Latvia, Lithuania, Sweden and Switzerland. The book provides knowledge of how European migration law is implemented, used, and challenged by different actors, and of how it lends and constrains power over migrants’ journeys and prospects. An ethnography of law in action, the book contributes to socio-legal scholarship on migration control at the margins of the state. “This book is a major achievement. A remarkable and insightful study that through close analysis of the practices of migration control in 8 European countries (Austria, Denmark, Germany, Italy, Latvia, Lithuania, Sweden and Switzerland) provides powerful new insight into the power of the state at its margins and over those that are marginalised.” - Andrew Geddes, Director, Migration Policy Centre, European University Institute “Migrants Before the Law provides a much-needed account of the dizzying legal labyrinth that migrants navigate as they seek to survive in Europe. Based on multi-sited ethnography in detention centres, migration offices, police stations, and non-governmental organizations as well as on interviews with key government actors, advocates, and migrants themselves, this book explores the systems of control and forms of migrant precarity that operate along Europe’s internal borders, in multiple national and transnational contexts. Readers will come away with a deepened understanding of the perverse workings of power, the ways that the uncertainty and unpredictability of law foster both despair and hope, the degree to which the immigration “crisis” is both manufactured and experienced as real, and the ingenuity of migrants themselves in the face of Kafkaesque state practices.” - Susan Bibler Coutin, Professor of Criminology, Law and Society and Anthropology, University of California, Irvine, USA “Migrants Before the Law is an excellent exposition of the dispersed sites of the law and the hinges and junctions through which this apparatus is actualized in the lives of migrants facing deportation, contesting their status as illegal migrants or seeking to regularize their precarious position. Written with great sensitivity and an eye to minute details this book is also an achievement in furthering the method of collaborative ethnography and new ways of staging comparisons.” - Veena Das, Krieger-Eisenhower Professor of Anthropology, Johns Hopkins University, USA
Download or read book Legal Migration to the European Union written by Anja Wiesbrock and published by BRILL. This book was released on 2010-08-16 with total page 827 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an analysis of the current state of affairs in EU migration law. Five Directives on legal migration and national legislation in five Member States are critically assessed in terms of compliance with EU principles of law and international human rights.
Download or read book What Happened to Equality written by Bjarney Friðriksdóttir and published by BRILL. This book was released on 2017-07-03 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: In What Happened to Equality? The Construction of the Right to Equal Treatment of Third-Country Nationals in European Union Law on Labour Migration, Friðriksdóttir examines five European Union Directives on labour migration that were adopted based on a sectoral approach to labour migration management. An account of the negotiations between the Commission, the Council and the Parliament on the five Directives reveals how access to territory and the labour market, the right to equal treatment and the right to family reunification were constructed for the different groups of labour migrants and how differentiation between groups of migrants, and discrimination against migrants compared with nationals which contravenes international and European human rights frameworks and international labour law, is institutionalized.
Download or read book Migrants in Irregular Employment in the Mediterranean Countries of the European Union written by Emilio Reyneri and published by . This book was released on 2001 with total page 58 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Temporary Migration for Employment and Training Purposes written by Comité européen sur les migrations and published by . This book was released on 1996 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Migrant Labour and the Reshaping of Employment Law written by Bernard Ryan and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
