Migration Labor Laws

This study continues to discuss the various legislative structures associated with migrant workers 'unfree labor;' as it also continues to question as to how a set of laws and standards regarding international labor will articulate and justify this problem adequately and would then attempt to fix it. The study continually relates to the exploitative, enforced labor activities, involving slavery, debt slavery, forced labor and trading in labor. A "labor -based framework" could possibly be regarded as an empirical paradigm that takes into account the political and economic history of exploitation; emphasizes on the deterrence and social explanations for inequality and abuse rather than on the enforcement of slavery; recognizes the value of labor rights and other labor market regulatory frameworks and considers the progression of spectrum within these regards.

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Negociação coletiva de trabalho como direito fundamental | Collective labor negotiation a fundamental right

KPGT_dlutz_1 ◽

10.5335/rjd.v31i2.7295 ◽

2017 ◽

Vol 31 (2) ◽

pp. 409

Author(s):

Gilberto Stürmer

Keyword(s):

Collective Bargaining ◽

Fundamental Rights ◽

Labor Rights ◽

Social Rights ◽

International Labor Organization ◽

Labor Laws ◽

Federal Constitution ◽

International Labor ◽

The Subject ◽

Labor Conflicts

Resumo: O presente artigo tem como objetivo analisar a negociação coletiva de trabalho como um direito fundamental. Este artigo parte da analise conceitual do conflitos coletivos de trabalho, seguido pelo estudo da negociação coletiva de trabalho como direito fundamental, com fundamento na Constituição da República Federativa do Brasil de 1988, nas convenções da Organização Internacional do Trabalho ratificadas pelo Brasil sobre a matéria e na legislação nacional sobre o tema, com a recentemente aprovada Lei nº 13.467, de 13 de julho de 2017 que, com a vacatio legis, entrará em vigor 120 dias após a sua publicação. Os novos artigos 611-A e 611-B da Consolidação das Leis do Trabalho propõem força de lei para a negociação coletiva de trabalho, afastando as hipóteses que fazem parte do rol dos direitos fundamentais sociais trabalhistas previstos no artigo 7º da Constituição Federal e que não podem ser objeto de negociação. Palavras-chave: conflitos coletivos de trabalho. Negociação coletiva de trabalho. Direitos sociais. Direitos fundamentais. Reforma trabalhista. Abstract: [This article aims to analyze collective bargaining as a fundamental right. This article is based on the conceptual analysis of collective labor conflicts, followed by the study of collective bargaining as a fundamental right, based on the Constitution of the Federative Republic of Brazil of 1988, the International Labor Organization conventions ratified by Brazil on the subject and In the national legislation on the subject, with the recently approved Law no. 13467 of July 13, 2017 which, with the vacatio legis, will come into force 120 days after its publication. The new Articles 611-A and 611-B of the Consolidation of Labor Laws propose a force of law for the collective bargaining of labor, removing the assumptions that form part of the list of fundamental social labor rights provided for in article 7 of the Federal Constitution and which do not Can be traded. Keywords: Collective labour negotiation. Fundamental rights. Labor reform. Social rights.

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Global Labor Migration

Labor Studies in Working-Class History of the Americas ◽

10.1215/15476715-8767350 ◽

2021 ◽

Vol 18 (1) ◽

pp. 67-86

Author(s):

Charlie Fanning ◽

Nicola Piper

Keyword(s):

Migrant Workers ◽

Labor Migration ◽

International System ◽

Labor Rights ◽

International Labor Organization ◽

Governance System ◽

Global Migration ◽

Historical Perspectives ◽

International Labor ◽

Critical Policy

This article discusses the roots of the current governance system of global migration in relation to labor mobility from a critical policy and historical perspectives, by assessing the current state of global migration governance and key protection gaps regarding migrant workers, to then consider future avenues for research and advocacy to forward migrants’ human and labor rights. In the authors’ analysis of global migration governance, they center the historic and contemporary role of the International Labor Organization, whose social justice mandate and body of international labor standards extend to migrant and nonmigrant workers, and its shifting position within the international system. The authors argue that shifting geopolitical concerns and competing institutional mandates within the international system have been obstacles to advancing a rights-based approach to the global regulation of labor migration. Nevertheless, they find that the current institutional and political environment may provide opportunities for enhanced cooperation and action at the global level to empower migrant workers.

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Maintaining a Bargaining Unit of Seasonal Agricultural Worker Program (Sawp) Employees

Disrupting Deportability ◽

10.7591/cornell/9781501742132.003.0004 ◽

2019 ◽

pp. 65-83

Author(s):

Leah F. Vosko

Keyword(s):

Migrant Workers ◽

Bargaining Unit ◽

Labor Rights ◽

Collective Agreement ◽

Labor Laws ◽

Work Program ◽

Temporary Migrant ◽

Migrant Work ◽

Conditions Of Work ◽

Work And Employment

This chapter analyzes how threats and acts of blacklisting impeded the fair application of the collective agreement between UFCW Local 1518 and Sidhu & Sons. The detection and analysis of the blacklisting of bargaining unit members at Sidhu uncover important “truths” about the management of migration among temporary migrant workers with the prospect of return. Broadly, it demonstrates that institutionalized programs' mechanisms, promoted in the global policy discourse embracing migration management as a means of stemming the flow of “irregular migration,” can impede access to and the exercise of labor rights. More narrowly, it shows that SAWP's “best practices” are by no means neutral, but are instead consistent with the dynamics of global capitalism, producing a race to the bottom in conditions of work and employment. This model temporary migrant work program (TMWP) permits state officials to behave in unprincipled ways that can involve, among other things, defying collective agreement provisions by delegating key responsibilities related to readmission—such as recruitment, selection, and aspects of documentation—to those in the interior and posted abroad. It also illustrates vividly how a labor relations tribunal compelled to prioritize national, and thereby sending-state, sovereignty, can be inhibited in—and even prevented from—implementing and enforcing host-state labor laws under its oversight.

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Labor Rights in East Asia: Progress or Regress?

Journal of East Asian Studies ◽

10.1017/s1598240800002976 ◽

2009 ◽

Vol 9 (2) ◽

pp. 153-186 ◽

Cited By ~ 30

Author(s):

Teri L. Caraway

Keyword(s):

Law Enforcement ◽

East Asia ◽

Labor Rights ◽

Labor Laws ◽

International Labor Standards ◽

Firing Costs ◽

International Labor ◽

Labor Market Flexibility ◽

Back Door ◽

The Impact

This article examines the impact of recent economic and political change on collective and individual labor rights in East Asia. Deploying a new index for measuring de jure and de facto labor rights, the article presents new comparative data on labor rights in the region. Democratization has produced stronger collective labor rights in much of the region, but labor laws in most countries still fall far short of international labor standards. East Asia's labor laws offer similar levels of protection for individual labor rights to the rest of the world when firing costs are taken into account, and low regional averages are primarily an effect of Singapore's extremely weak individual labor rights. Few countries have revised their labor laws in the direction of greater labor market flexibility. However, the distance between law and practice is wide, so improvements in laws are not necessarily reflected on the ground. Flexibility enters through the back door of ineffective labor law enforcement, which in turn has affected the organizing efforts of unions.

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European Social Charter: basic guarantees of social and labor rights

Juridical Analytical Journal ◽

10.18287/1810-4088-2021-16-1-15-24 ◽

2021 ◽

Vol 16 (1) ◽

pp. 15-24

Author(s):

A. G. Radaev

Keyword(s):

Russian Federation ◽

Migrant Workers ◽

Labor Rights ◽

Social Rights ◽

Legal Analysis ◽

Economic Rights ◽

Domestic Legislation ◽

History Of ◽

The Russian Federation ◽

European Standards

This article is devoted to the legal analysis of provisions of the European Social Charter, as the main international normative act regulating legal relations in the field of social and labor rights of workers, as well as identifying the features of the system of international cooperation in this area. The article touches upon the problem of institutional and conventional interaction of subjects of international law. The issues of the structure and content of both the European Social Charter and its basic norms governing the sphere of social and labor rights are considered. Attention is drawn to the fact that 60 years have passed since the adoption of this international legal act, which was opened for signature on October 18, 1961 in Turin. In the jubilee year, there is every reason to recall the history of the adoption and entry into force of the European Social Charter, its revision in 1996 and the ratification of this international legal act by the Russian Federation after a long period after the official signature. The article also concerns certain problems of reforming domestic legislation in the field of social rights and guarantees in accordance with European standards. The problems of the implementation of the norms of the European Social Charter governing legal relations related to social rights and guarantees of workers into the modern legislation of the Russian Federation are touched upon. On this basis, it is concluded that it is necessary and advisable to include in Russian legislation the provisions of the European Social Charter on additional guarantees for the protection of social, labour and economic rights. It was found that certain norms of the European Social Charter, which provide guarantees of rights to migrant workers, are not fully included in domestic legislation. Comparative legal analysis of the compliance of the legislation of the Russian Federation with the provisions of the European Social Charter shows that the legal foundations of social and economic guarantees of the rights of Russian citizens are basically consistent with the provisions of the Charter. At the same time, it is stated that the level of guarantees actually provided is determined by the capabilities of the state. Further development of the social and labor sphere in the country makes it possible to approach the standards proclaimed in the Charter, which makes it possible to fulfill the obligations assumed upon its ratification. Russias accession to the European Social Charter and its ratification undoubtedly strengthened the position of our state in relations with other countries, increased the level of protection of social, labour and economic rights in the country. It is advisable to discuss issues of ensuring the implementation of the provisions of the European Social Charter in the Russian legal system in order to further improve national legislation, improve the level and quality of life in our country.

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Influential Factors Under Labor Law Adhere to ILO: An Analysis in the Fish Farming Industry of Bangladesh

SAGE Open ◽

10.1177/21582440211060667 ◽

2021 ◽

Vol 11 (4) ◽

pp. 215824402110606

Author(s):

Robayet Syed ◽

Nanda Bhattacharjee ◽

Repon Khan

Keyword(s):

Work Satisfaction ◽

Fish Farming ◽

Influential Factors ◽

Labor Policy ◽

Labor Rights ◽

Labor Laws ◽

International Labor ◽

Farming Industry ◽

International Instruments ◽

Qualitative Part

This article evaluates different factors under the Bangladesh Labor Act 2006 for promoting work satisfaction in the fish farming workers in Bangladesh. How far does this industry comply with standard labor laws adheres to international labor policy, and promotion of labor rights is another focus of this study. This study shows that yearly increment, overtime payment, weekly holiday, amount of compensation, appointment by appointment letter, and job security significantly influence the fish farming workers’ minds in Bangladesh. The Qualitative part of the study finds that the State must protect the workers’ rights by enacting a standard labor policy that adheres to international instruments, which it is unwilling to do so. This study helps in evaluating the opinion of the fishers’ work satisfaction as well as policy planning for the development of the fish farming industry. It will add value by creating awareness of labor rights in the Asian developing setting.

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COVID-19, Racial Capitalism, and Undocumented Bangladeshi Agricultural Workers in Manolada, Greece

Two Homelands ◽

10.3986/dd.2021.2.07 ◽

2021 ◽

Vol 2021 (54) ◽

Author(s):

Reena Kukreja

Keyword(s):

Migrant Workers ◽

Agricultural Workers ◽

Migrant Labor ◽

Labor Laws ◽

Masculine Norms ◽

Racial Capitalism ◽

Illegal Migrants ◽

Unfree Labor ◽

Bangladeshi Migrants ◽

Of Greece

This article uses the example of undocumented Bangladeshi migrants in the strawberry sector of Greece to highlight how racial capitalism heightens the health vulnerabilities of racialized low-class migrant workers and exposes them to a greater risk of COVID-19 transmission. Race-based devaluation of workers intersects with migrant illegality and culturally-specific masculine norms to normalize a discourse of healthcare “undeservingness” for undocumented racialized migrants. Unfree labor is legislated through restrictive migrant labor laws and selective detention and deportation of “illegal” migrants. Structural and systemic discriminations increase health precarities for undocumented agricultural workers.

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