The Employment Contract Revisited. Undocumented Migrant Workers and the Intersection between International Standards, Immigration Policy and Employment Law

2010 ◽  
Vol 12 (2) ◽  
pp. 193-214 ◽  
Author(s):  
Andreas Inghammar
Keyword(s):  
Migrant Workers ◽  
Migrant Worker ◽  
International Standards ◽  
Solid Base ◽  
Access To Justice ◽  
Undocumented Migrants ◽  
Undocumented Migrant ◽  
Legal Representation ◽  
Employment Contract ◽  
Legal Standards

AbstractThis article considers recent legal developments on undocumented migrant workers, finds the acceptance of international legal standards unsatisfactory and argues that the private law rights derived from the “semi-legal” employment contract between the employer and the undocumented migrant worker generates a solid base for significant legal claims. It further monitors the promotion of the position of the undocumented migrant workers under recent EU law and calls for a refocusing on the employment contract in the reading of a relevant EC Directive, with a particular emphasis on the issue of access to justice for the migrant workers. The increased number of undocumented migrants who leave their countries of origin for reasons outside the scope of the asylum procedure, as well as the circumstances under which this migration is undertaken and the working conditions of these individuals in the host countries, have brought about legal activities from governments and institutions such as the EU. The aim has in general been to establish sanctions against employers of undocumented migrant workers, but a shift towards a compensatory, employee protective, attitude has recently emerged, both in EU legislation and in a broader perspective in US case law. The article concludes that such a development must be massively supported in relation to access to justice in order to fulfill the ambition. The poor legal position of the undocumented migrant workers is significantly connected to issues of legal representation, trade union participation and the threat of repatriation.

Why Human Rights Fail to Protect Undocumented Migrants

2010 ◽  
Vol 12 (2) ◽  
pp. 241-272 ◽  
Author(s):  
Gregor Noll
Keyword(s):  
Human Rights ◽  
Migrant Workers ◽  
Migrant Worker ◽  
Political Community ◽  
Political Activity ◽  
Undocumented Migrants ◽  
Undocumented Migrant ◽  
Labour Unions ◽  
Degree Of Protection ◽  
Rights Of The Child

AbstractIn this article, I depart from the factual difficulties of undocumented migrants to access a state’s protection mechanisms for avowedly universal human rights. I relate this aporia to two competing conceptions of territorial jurisdictions. Drawing on the Convention on the Rights of the Child and the Migrant Workers Convention, I separate the sphere of the political community (the polis) and that of the house-hold (the oikos) in developing a political theory of undocumented migration. It rests two central tenets: one is a tributary transaction between sending state and host state, in the course of which the undocumented migrant worker is offered without conditions attaching, yet with the hope of remittances flowing in return. This offering relates to the oikos, which makes available a limited degree of protection under labour law. The second is a contractual form of submission by the undocumented migrant worker, which is structurally analogous to the master-slave relationship developed in Hobbes’ defense of war slavery. This is related to the polis, which denies all meaningful political activity to the undocumented migrant (as reflected in the denied right to found labour unions). Finally, drawing on Werner Hamacher’s work, I analyse how human rights are intrinsically related to a position of privacy, which escalates into a form of isolation under the structures producing undocumented migrants.

The experiences of health professionals while monitoring a hunger strike among undocumented migrant workers in Brussels.

2020 ◽  
Author(s):  
Rita Vanobberghen ◽  
Fred Louckx ◽  
Dirk Devroey ◽  
Jan Vandevoorde
Keyword(s):  
Migrant Workers ◽  
Traumatic Stress ◽  
Health Professionals ◽  
Secondary Traumatic Stress ◽  
Undocumented Migrants ◽  
Undocumented Migrant ◽  
Hunger Strike ◽  
Sick People ◽  
Migration Law

Abstract Background In 2014, in Brussels, a group of undocumented migrant workers started a hunger strike. A loophole in Belgian migration law allows very sick people to stay in the country to recuperate. Undocumented migrants jeopardize their health to be able to obtain a temporary permit and a way out of misery. The monitoring of the hunger strike was done by young, committed but inexperienced health professionals.Methods At the end of the hunger strike, two focus groups were held to find out the dilemmas confronting the health professionals.Results Eighteen out of 29 health professionals participated. They mentioned their curiosity to gain new insights into living conditions among undocumented people and the reasons why they started the strike. They were puzzled by the paradox of wanting to die to get a better life and refusing medical advice. They wondered about their role and commitment as a caregiver. Some were deeply touched by the experience and reacted emotionally while others deepened their engagement. Symptoms of Secondary Traumatic Stress, such as re-experiencing and avoidance were observed. The participants themselves also proposed improvements to the monitoring. Conclusions Even though only a small number of health professionals were questioned, we detected a lot of preoccupations and contradictions in their reactions. To be able to process these a close follow-up and evaluation of the monitoring of a hunger strike is mandatory. We also propose that prevention, early detection and treatment of Secondary Traumatic Stress should become part of formal medical education.

scholarly journals INTERNATIONAL LEGAL REGULATION OF MIGRANT WORKERS LABOR

2019 ◽  
pp. 26-31
Author(s):  
O. Pohorielova
Keyword(s):  
Migrant Workers ◽  
Social Protection ◽  
Migrant Worker ◽  
Legal Regulation ◽  
Labor Migrants ◽  
Scientific Methods ◽  
Security Issues ◽  
Legal Standards ◽  
Analysis And Synthesis ◽  
International Conventions

Currently, in Ukraine there is increase of process of labour migration of Ukrainian citizens abroad. In connection with what there is necessity of proper regulation of labour activity of migrant workers, implementation of measures to comply with international legal standards in the field of labour, implementation of measures regarding increase of the level of social protection of Ukrainian citizens traveling abroad and in case of their return from abroad. The methodology is based on the general scientific dialectical method of cognition. Also, number of scientific methods were used. Legal regulation of labor migrants from Ukraine abroad was considered due to methods of analysis and synthesis. The directions of improving legal regulation of labor and social protection of migrant workers were identified by using structural and logical methods. Forms and methods of formal logic were widely used in the work: concepts, definitions, proofs, judgments, analogy, comparisons, generalizations, et The aim of the article is to explore the mechanism of legal regulation of labour of migrants workers and identify ways of increase the level of social protection of Ukrainian citizens who are migrants workers. To achieve the goal the author analyzed the most important international legal acts that regulate legal migration. In the article the concept of migrant worker was analyzed and identified what kind of migrants is included to migrant worker. Particular attention is paid to analyses of bilateral agreements concluded by Ukraine with other countries on the employment and social protection of migrants. Content was determined of the employment contract and its role in regulating the legal relations of migrant workers with foreign employers. The basic guarantees of social protection of migrant. In the article the author determined the necessity Ukraine joins to the main international conventions that regulate labor migration issues, the provisions of which should be the basis for the legal regulation of labor migrants' activity and ensuring their rights are respected. The necessity to conclude bilateral interstate agreements on regulating the employment processes of Ukrainian citizens abroad, guarantees that arise in the course of labor activity of migrant workers and social security issues, was determined. First of all, such agreements should be concluded with the countries with the highest number of migrant workers.

scholarly journals TOWARDS IMPROVEMENT OF LEGISLATION IN THE FIELD OF PRIVATE EMPLOYMENT AGENCIES

Social Law ◽  
2019 ◽  
Author(s):  
О. Pohorelova
Keyword(s):  
Migrant Workers ◽  
Legal Regulation ◽  
International Standards ◽  
National Legislation ◽  
Employment Agency ◽  
Legal Standards ◽  
Conceptual Apparatus ◽  
Private Employment ◽  
Improvement Of Legislation ◽  
Employment Agencies

In the framework of the article topical issues that need improvement in the field of activity of private employment agencies were considered. Taking into account the increasing number of cases when people could find a job thorough such agencies, particularly, migrant workers. Proper legal regulation of the activity of such workers is needed and harmonize national legislation with international legal standards. Proposals for adoption of the Law of Ukraine «On private Employment Agencies» were introduced. Also, amendments to the legislation on licensing of such agencies were proposed. Ratification of ILO Convention No. 181 “On Private Employment Agencies” will allow for universal approaches to the functioning and development of employment agencies, while providing flexibility in conjunction with the protection of workers' rights, as international standards must be adhered to when engaging with employment agencies. Ratification of the aforementioned Convention should be accompanied by improvements in the legislation in the field, in particular the development and adoption of a separate Law of Ukraine “On Private Employment Agencies” must be drafted and adopted. The necessity of adopting a separate law is conditioned by a large number of issues that need to be addressed in the field of activity of private employment agencies and not overburdened by these provisions of the Labor Code (and subsequently the new Labor Code). This Law should bring to the foremost the conceptual apparatus, in particular, regarding the concept of employment lambs. It is necessary to define clearly the concept of employment agencies, to determine the list of services that such employment agencies can provide, in particular, to define the activities of agencies, to determine the possibility of charging for services by such employment agencies and to what extent the rights and responsibilities between an employer and a private employment agency. Also, legislation on licensing of such employment agencies needs to be improved, in particular, it is not necessary to provide for a procedure for licensing employment agencies operating in Ukraine.

scholarly journals Measuring migrant worker rights violations in practice: The example of temporary skilled visas in Australia

2018 ◽  
Vol 61 (2) ◽  
pp. 277-301 ◽  
Author(s):  
Anna Boucher
Keyword(s):  
Migrant Workers ◽  
Migrant Worker ◽  
Occupational Status ◽  
Evidence Base ◽  
Federal Courts ◽  
Worker Rights ◽  
Legal Representation ◽  
Workplace Relations ◽  
Government Body ◽  
Temporary Migrants

Despite global attention to worker rights violations experienced by temporary migrants, we lack a clear evidence base to understand the extent and nature of these abuses. This article presents findings from a pilot of a Migrant Worker Rights Database. This pilot measures rights abuses of former Temporary Work (Skilled) visa (subclass 457) entrants to Australia from 1996 to 2016. This visa was the key formal temporary visa into Australia over this period. The pilot codes all available court cases that 457 visa holders brought before the national workplace relations tribunal, the Australian Fair Work Commission and relevant state and federal courts and tribunals, to capture legally recognised rights abuses that migrant workers experienced on the ground. It also codes coverage in three daily newspapers of these rights violations. This combined evidence base generates a series of rights violations, or ‘events’, that are then analysed to present patterns of rights abuses of migrant workers on the 457 visa. Key findings are that ethnic background and occupational status of migrants appear to inform the level of reported rights abuses. Further, legal representation of migrant workers assists in successful outcomes, particularly through the Fair Work Ombudsman – a government body empowered with enforcing compliance with workplace laws (197).

Language competence, identity construction and discursive boundary-making: Distancing and alignment in domestic migrant worker narratives

2020 ◽  
Vol 2020 (262) ◽  
pp. 97-122 ◽  
Author(s):  
Hans J. Ladegaard
Keyword(s):  
Identity Construction ◽  
Migrant Workers ◽  
Global Economy ◽  
English Language ◽  
Migrant Worker ◽  
Theoretical Concept ◽  
The Philippines ◽  
Language Competence ◽  
Boundary Making

AbstractMany people in developing countries are faced with a dilemma. If they stay at home, their children are kept in poverty with no prospects of a better future; if they become migrant workers, they will suffer long-term separation from their families. This article focuses on one of the weakest groups in the global economy: domestic migrant workers. It draws on a corpus of more than 400 narratives recorded at a church shelter in Hong Kong and among migrant worker returnees in rural Indonesia and the Philippines. In sharing sessions, migrant women share their experiences of working for abusive employers, and the article analyses how language is used to include and exclude. The women tell how their employers construct them as “incompetent” and “stupid” because they do not speak Chinese. However, faced by repression and marginalisation, the women use their superior English language skills to get back at their employers and momentarily gain the upper hand. Drawing on ideologies of language as the theoretical concept, the article provides a discourse analysis of selected excerpts focusing on language competence and identity construction.

scholarly journals Addressing the Needs of Migrant Workers in ICUs in Singapore

2020 ◽  
Vol 7 ◽  
pp. 238212052097719
Author(s):  
Crystal Lim ◽  
Jamie Xuelian Zhou ◽  
Natalie Liling Woong ◽  
Min Chiam ◽  
Lalit Kumar Radha Krishna
Keyword(s):  
Migrant Workers ◽  
Healthcare Workers ◽  
Migrant Worker ◽  
Minority Group ◽  
Group Discussion ◽  
Cultural Barriers ◽  
Medical Terminology ◽  
Singapore General Hospital ◽  
Medical Interpreters ◽  
General Wards

Background: With nearly 400 000 migrant workers in Singapore, many from Bangladesh, India and Myanmar, language and cultural barriers posed a great many challenges during the COVID-19 pandemic. This was especially so as majority of the COVID-19 clusters in Singapore emerged from their communal dormitories. With concerns arising as to how this minority group could be best cared for in the intensive care units, the need for medical interpreters became clear. Main: In response, the Communication and Supportive Care (CSC) workgroup at the Singapore General Hospital developed the ‘Medical Interpreters Training for ICU Conversations’ program. Led by a medical social worker-cum-ethicist and 2 palliative care physicians, twenty volunteers underwent training. The program comprised of 4 parts. Firstly, volunteers were provided with an overview of challenges within the COVID-19 isolation ICU environment. Discussed in detail were common issues between patients and families, forms of distress faced by healthcare workers, family communication modality protocols, and the sociocultural demographics of Singapore’s migrant worker population. Secondly, key practice principles and ‘Do’s/Don’ts’ in line with the ethical principles of medical interpretation identified by the California Healthcare Interpreters Association were shared. Thirdly, practical steps to consider before, during and at the end of each interpretation session were foregrounded. Lastly, a focus group discussion on the complexities of ICU cases and their attending issues was conducted. Targeted support was further provided in response to participant feedback and specific issues raised. Conclusion: As a testament to its efficacy, the program has since been extended to the general wards and the Ministry of Health in Singapore has further commissioned similar programs in various hospitals. In-depth training on the fundamentals of medical terminology, language and cultural competency should be provided to all pertinent healthcare workers and hospitals should consider hiring medical interpreters in permanent positions.

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