ACROSS BORDERS: THE LIMITS OF LABOUR LAW FOR LOW-WAGE TEMPORARY MIGRANT WORKERS

Arwen Joyce

Resumo



A temporary migrant worker programme (TMWP) is a collection of laws, regulations and policies through which a receiving state regulates the entry, stay and treatment of low-wage temporary migrant workers. Workers in such programmes are generally undertaking ‘temporary migration projects’, that is, they are working abroad for a finite period of time in order to improve their status and welfare at home. The availability of low-cost labour generally entrenches demand for such workers in the receiving state’s labour market and therefore the receiving state has an interest in continuing to attract them. In order to do so, workers must be able to successfully complete their temporary migration projects. However, TMWP policies often create opportunities for exploitation and disempowerment related to low-wage temporary migrant workers’ precarious residence status, weak financial position and dependence on their employers, that jeopardise the normative defensibility and sustainability of such programmes. This paper argues that conventional labour law remedies are not sufficient to enable workers to successfully complete their temporary migration projects. The underlying purpose of labour law and the limitations of its application to this group of workers is considered along with the sources of their vulnerability in order to assess appropriate policy reforms. This paper concludes that in order to make TMWPs more sustainable and normatively justifiable, receiving states should address the root causes of low-wage temporary migrant workers’ vulnerability when formulating TMWP laws and policies.

Palavras-chave


labour migration; labour law; temporary migrant workers

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Referências


Al Amin M, ‘Workers’ Migration Cost 450% Higher than Government Rate’ Dhaka Tribune (Dhaka, 25 May 2019) accessed 29 May 2019.

Cho Y and others, ‘Bilateral Arrangement of Temporary Labor Migration: Lessons from Korea’s Employment Permit System’ (2018).

Cooney S and others (eds), Law and Labour Market Regulation in East Asia (Routledge 2002).

Davidov G, A Purposive Approach to Labour Law (Oxford University Press 2016).

Davies P and Freedland M, Kahn-Freund’s Labour and the Law (Third, 1983).

Dukes R, ‘Hugo Sinzheimer and the Constitutional Function of Labour Law’, The Idea of Labour Law (Oxford University Press 2011).

Fillinger T and others, ‘Labour Protection for the Vulnerable: An Evaluation of the Salary and Injury Claims System for Migrant Workers in Singapore’ (2017) accessed 31 May 2019.

Ford M, From Migrant to Worker: Global Unions and Temporary Labor Migration in Asia (Cornell University Press 2019).

Gardner A, Pessoa S and Harkness L, ‘Labour Migrants and Access to Justice in Contemporary Qatar’ (2014) accessed 31 May 2019.

Goldin A, ‘Global Conceptualizations and Local Constructions of the Idea of Labour Law’, The Idea of Labour Law (Oxford University Press 2011).

Haolie J and Roszkowska M, ‘Research Brief: Migrant Worker Recruitment Costs, South Korea’ (2017) accessed 21 May 2019.

Hong Kong Immigration Department, ‘Foreign Domestic Helpers’ (2012) accessed 28 August 2019.

International Labour Organization, ‘Forced Labour Convention, 1930 (No. 29).

Justice Without Borders, ‘Justice in Hong Kong Finally Comes to Those Back Home’ (2019) accessed 29 March 2019.

Langille B, ‘Labour Law’s Theory of Justice’, The Idea of Labour Law (Oxford University Press 2011).

Martin P, ‘Guest or Temporary Foreign Worker Programs’, Handbook of the Economics of International Migration (Volume 1A, 2015).

Ottonelli V and Torresi T, ‘Inclusivist Egalitarian Liberalism and Temporary Migration: A Dilemma’ (2012) 20 The Journal of Political Philosophy 202.

——, ‘Temporary Migration Projects and Voting Rights’ (2014) 17 Critical Review of International Social and Political Philosophy 580.

Park Y (ed), Low-Skilled Temporary Foreign Worker Schemes in Selected Asian Countries with a Special Reference to Korea’s Employment Permit System (Human Resources Development Service of Korea 2017).

Park Y and Kim M, Korea’s Temporary Low-Skilled Foreign Worker Program: Employment Permit System (Human Resources Development Service of Korea 2015).

Piper N, ‘Migrant Worker Activism in Singapore and Malaysia: Freedom of Association and the Role of the State’ (2006) 15 Asian and Pacific Migration Journal 359.

Ruhs M, The Price of Rights: Regulating International Labor Migration (Princeton University Press 2013).

Singapore Immigration and Checkpoints Authority, ‘Special Pass Card’ (2019) accessed 28 August 2019.

Singapore Ministry of Manpower, ‘MOM Regulates Local Recruitment Fees; Penalises Errant Agencies’ (2012) accessed 31 May 2019.

——, ‘Foreign-Worker Salary Disputes Are Dealt with Speedily: MOM’ (2017) accessed 31 May 2019.

——, ‘Key Facts on Work Permit for Foreign Worker’ (2018) accessed 31 May 2019.

South Korea Ministry of Employment and Labor, ‘Overview: Procedure on Selection and Introduction of Foreign Worker (E-9)’ (2015) accessed 31 May 2019.

Surak K, ‘Guestworkers: A Taxonomy’ (2013) 44 New Left Review 84.

Testaverde M and others, Migrating to Opportunity: Overcoming Barriers to Labor Mobility in Southeast Asia (World Bank 2017).

Weiss M, ‘Re-Inventing Labour Law?’, The Idea of Labour Law (Oxford University Press 2011).

Zou M, ‘The Legal Construction of Hyper-Dependence and Hyper-Precarity in Migrant Work Relations’ (2015) 31 The International Journal of Comparative Labour Law and Industrial Relations 141.




DOI: https://doi.org/10.21783/rei.v5i2.377

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Direitos autorais 2019 Arwen Joyce

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