‘Still Waiting’ for Justice: Migrant Workers’ Perspectives on Labour Exploitation in Ireland

2019 ◽  
Vol 49 (3) ◽  
pp. 318-351
Author(s):  
Clíodhna Murphy ◽  
David M Doyle ◽  
Muiréad Murphy

Abstract Although there is a growing recognition that a labour law approach is well-placed to tackle migrant workers’ vulnerability to labour exploitation, empirical studies in this field are few and far between. This article explores how migrant workers subjected to severe and routine exploitation experience the Irish labour law framework in practice. Drawing on interviews with 23 workers, as well as legal and policy analysis, the research shows that those who have endured the ‘continuum’ between routine and severe labour exploitation have many commonalities in their lived experiences of labour conditions and law. It is argued that the key problems identified by this research—the intertwinement of employment and immigration enforcement; workers’ lack of awareness of employment rights; the ineffectiveness of labour inspections; the uncertain impact of undocumented status on employment rights and difficulties with enforcing employment awards—all point to the failure of institutional labour protections for migrant workers in Ireland. By enabling a more nuanced understanding of exploited migrant workers’ needs and perspectives, this study contributes to the ongoing debate on how to develop better regulatory and institutional conditions in Ireland and beyond.

2019 ◽  
Vol 42 ◽  
Author(s):  
Cecilia Heyes

Abstract Responding to commentaries from psychologists, neuroscientists, philosophers, and anthropologists, I clarify a central purpose of Cognitive Gadgets – to overcome “cognition blindness” in research on human evolution. I defend this purpose against Brunerian, extended mind, and niche construction critiques of computationalism – that is, views prioritising meaning over information, or asserting that behaviour and objects can be intrinsic parts of a thinking process. I argue that empirical evidence from cognitive science is needed to locate distinctively human cognitive mechanisms on the continuum between gadgets and instincts. Focussing on that requirement, I also address specific challenges, and applaud extensions and refinements, of the evidence surveyed in my book. It has been said that “a writer's idea of sound criticism is ten thousand words of closely reasoned adulation.” I cannot disagree with this untraceable wag, but the 30 commentators on Cognitive Gadgets provided some 30,000 words of criticism that are of much greater scientific value than adulation. I am grateful to them all. The response that follows is V-shaped. It starts with the broadest conceptual and methodological issues and funnels down to matters arising from specific empirical studies.


2011 ◽  
Vol 208 ◽  
pp. 870-892 ◽  
Author(s):  
Linda Wong

AbstractDagong 打工 as a way of life gives rise to many abuses and rights violations against China's 200 million migrant workers. This article analyses the intricate issues of rights deprivation, rights consciousness and personal strategies of Chinese migrant workers with the research findings from a large sample survey completed at the end of 2005. The data confirm the occurrence of many types of rights abuses, significant levels of rights consciousness, and preference for legal and institutionalized means for rights defence besides the use of private resources. Furthermore, the findings reveal that the experience of discrimination, consciousness of rights and choice of personal strategies are affected by personal backgrounds like age, gender, education and occupational status before migration, which carry implications for policy. Finally, the article comments on the ongoing debate about “rights consciousness” versus “rules consciousness” in contentious Chinese politics.


2021 ◽  
Vol 19 ◽  
Author(s):  
Vusi Mthimkhulu ◽  
Hugo D. Van der Walt

Orientation: Workplace testing is seen as a viable method in monitoring alcohol intoxication in the workplace. This article explored lived experiences of random and scheduled alcohol breathalyser testing to gain insights into meaning and understanding of the phenomenon under study.Research purpose: Random and scheduled testing are preferred techniques of assessing intoxication in the workplace. This article set to gain insights into whether behaviour can have an influence on the effectiveness of random and scheduled testing. The information can contribute to the ongoing debate on the efficacy of workplace testing and lays groundwork for future studies.Motivation for the study: Emergent data seem to suggest that the success of workplace testing in preventing alcohol and substance use in the workplace is indecisive.Research approach/design and method: A qualitative method was employed to collect data from eight alcohol-consuming individuals who performed jobs considered safety-sensitive through semi-structured interviews. Data were analysed through the application of an interpretative phenomenological analysis (IPA).Main findings: Findings revealed incidents of alcohol intoxication within the workplace in spite of random and scheduled testing in place. There seems to be a disregard for rules that prohibit intoxication in the workplace. Money bribes seem to enable cheating on testing in the workplace. Behaviour undercuts the goal of an alcohol-free workplace.Practical implications: Behaviour stemming from on-site intoxication and cheating on alcohol tests hinders on the goal of attaining an alcohol-free workplace.Contribution/value-add: The analysis of behaviour could contribute to the ongoing debate regarding the efficacy of workplace testing.


Author(s):  
Ingrid Miljeteig ◽  
Addisu Melkie ◽  
Frehiwot Berhane Defaye ◽  
Ermias Dessie ◽  
Kristine Husøy Onarheim

Out-of-pocket health expenditure is a barrier to accessing basic health care. It imposes major financial burdens, which may drive patients and their families into poverty, which again can aggravate their health conditions. This chapter offers a glimpse into real-life dilemmas and decisions by presenting Ethiopian families’ and health workers’ narratives and experiences of catastrophic health expenditures. The aim is to provide a nuanced understanding of the lived experiences of the people behind the numbers. The chapter draws on material from multiple fieldwork experiences in Ethiopia, from the authors’ experiences as health workers in Ethiopia, and from a national survey of Ethiopian physicians. This material shows how overarching global and national priorities influences families’ and health workers’ allocation decisions. Bringing out the actual dilemmas people face can supplement and inform our understanding of the more theoretical and methodological chapters in this book.


2019 ◽  
Vol 10 (3) ◽  
pp. 334-338
Author(s):  
Keith D Ewing ◽  
John Hendy QC ◽  
Carolyn Jones

This short article considers the Workers (Definition and Rights) Bill drafted by the Institute of Employment Rights as a possible solution to the intractable problem of employment status in the United Kingdom, to which Countouris and De Stefano refer. It does so in the context of ILO principles of ‘universality’ and ‘effectiveness’ of labour law, and three important ILO Declarations.


2018 ◽  
Vol 5 (2) ◽  
pp. 315-331
Author(s):  
Mimi ZOU

AbstractThis paper provides a critical account of the various roles that labour-law regulation has played in China’s transition to a market-oriented economy. The analysis aims to contribute new insights to an ongoing debate on the relationship between economic development and legal rules and institutions in China. Discussions of social and labour rights have been on the periphery of a debate that has focused on property and contract rights (the so-called “Rights Hypothesis”). While numerous scholars have sought to debunk the explanatory power of the “Rights Hypothesis” in the case of China, I put forward an alternative “Social Rights Hypothesis.” My proposed hypothesis seeks to explain how labour-law rules and institutions have co-evolved with the emergence of a labour market in China’s economic development. Specifically, labour law has played not only a market-constituting role, but also market-corrective and market-limiting functions.


PMLA ◽  
2003 ◽  
Vol 118 (1) ◽  
pp. 78-89 ◽  
Author(s):  
John Carlos Rowe

The term transnationalism is used frequently in reference to the rapid circulation of “capital, labor, technology, and media images” in the global economy governed by postindustrial capitalism (Sharpe 110). When incorporated into such phrases as transnational capitalism, the term implies a critical view of historically specific late modern or postmodern practices of globalizing production, marketing, distribution, and consumption for neocolonial ends. By the same token, transnationalism is often used to suggest counterhegemonic practices prompted by or accompanying the migrations and diasporas occasioned by these new economic processes of globalization. Thus, Homi Bhabha's privileging of “cultural hybridity” as a way to resist global homogenization is often traceable to his emphasis on “migrant workers,” who are “part of the massive economic and political diaspora of the modern world” and thus “embody […] that moment blasted out of the continuum of history” (8). If these new, exploited cosmopolitans experience every day their dislocation from the familiar boundaries of nation, first language, and citizenship, they may also be particularly able to comprehend how to negotiate transnational situations, even in some cases turning such circumstances to their advantage.


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