Migrants at Work Immigration and Vulnerability in Labour Law

by Costello, Cathryn; Freedland, Mark

• ISBN13: 9780198714101
• ISBN10: 0198714106
• Format: Hardcover
• Copyright: 2014-12-30
• Publisher: Oxford University Press

Author Biography

Cathryn Costello, Andrew W Mellon Associate Professor in International Human Rights and Refugee Law, University of Oxford,Mark Freedland, Emeritus Professor of Employment Law, St John's College, Oxford

Cathryn Costello is Andrew W. Mellon Associate Professor in International Human Rights and Refugee Law, at the Refugee Studies Centre, Oxford, with a fellowship at St Antony's College. From 2003-2013, she was Francis Reynolds Fellow & Tutor in EU & Public Law at Worcester College, Oxford, during which time she also and completed her DPhil studies on EU asylum and immigration law. She began her academic career at the Law School, Trinity College Dublin, and from 2000-2003, she also held the position of Director of the Irish Centre for European Law. Cathryn has published widely on many aspects of EU and human rights law, including asylum and refugee law, immigration, EU Citizenship and third country national family members, family reunification, and immigration detention. Her monograph on the Human Rights of Migrants in European Law will be published in OUP in 2014.


Mark Freedland is a Research Fellow of the Oxford Institute of European and Comparative Law, an Emeritus Research Fellow of St John's College, Oxford, and an Honorary Professor in the Law Faculty of University College London. He is also a Fellow of the British Academy, a Bencher of Gray's Inn, and an Honorary Queen's Counsel. He was first initiated into labour law (or 'Industrial Law' as it was then called) as an undergraduate student of Professor Roger Rideout, at UCL, in 1963-66. Following postgraduate studies at the University of Oxford (under the tutelage of Sir Otto Kahn-Freund) he went on to become one of the Law Tutors of St John's College, and a Reader in the Oxford Law Faculty with the title of Professor, his research and writing being in the fields of Labour Law and Public Law.

Table of Contents

1. Migrants at Work and the Division of Labour Law, Mark Freedland and Cathryn Costello
Part I: Dividing the Objects of Labour Law
2. Precarious Pasts, Precarious Futures, Bridget Anderson
3. Employers and Migrant Legality: Liberalization of Service Provision, Transnational Posting, and the Bifurcation of the European Labour Market, Georg Menz
4. Immigration and Labour Market Protectionism: Protecting Local Workers' Preferential Access to the National Labour Market, Martin Ruhs
5. Migrant Workers in Agriculture: A Legal Perspective, ACL Davies
6. The EU's Internal Market and the Fragmentary Nature of EU Labour Migration, Elspeth Guild
Part II: Dividing the Subjects of Labour Law
7. Migration Status in Labour and Social Security Law: Between Inclusion and Exclusion in Italy, Silvana Sciarra and William Chiaromonte
8. The Sectoral Regulatory Regime: When Work Migration Controls and the Sectorally Differentiated Labour Market Meet, Einat Albin
9. Migrants, Unfree Labour, and the Legal Construction of Domestic Servitude: Migrant Domestic Workers in the UK, Judy Fudge and Kendra Strauss
10. Migrant Labour in the United States: Working Beneath the Floor for Free Labour?, Maria Ontiveros
11. Enforcement of Employment Rights by Migrant Workers in the UK: The Case of EU-8 Nationals, Catherine Barnard
12. The Right of Irregular Immigrants to Back Pay: The Spectrum of Protection in International, Regional and National Legal Systems, Elaine Dewhurst
13. Employer Checks of Immigration Status and Employment Law, Bernard Ryan
Part III: Reintegration through Equality and Human Rights
14. Migrant Workers and the Right to Non-discrimination and Equality, Shauna Olney and Ryszard Cholewinski
15. The European Social Charter on Migrant Rights, Colm O'Cinneide
16. Black Women Workers and Discrimination: Exit, Voice, and Loyalty...or 'Shifting'?, Iyiola Solanke
17. Migration, Labour Law, and Religious Discrimination, Lucy Vickers
Part IV: Reintegrative Responses from Labour Law
18. Reconciling Openness and High Labour Standards? - Sweden's Attempts to Regulate Labour Migration and Trade in Services, Samuel Engblom
19. Links between Individual Employment Law and Collective Labour Law: Their Implications for Migrant Workers, Alan Bogg and Tonia Novitz
20. Organizing against Abuse and Exclusion: the Associational Rights of Undocumented Workers, Virginia Mantouvalou
21. Home from Home: Migrant Domestic Workers and the ILO Convention on Domestic Workers, Sandra Fredman
22. Conflicted Priorities? Enforcing Fairness for Temporary Migrants, Mary Crock, Sean Howe, and Ron McCallum