Advanced

The Employment Contract Revisited.

Inghammar, Andreas LU (2010) In European Journal of Migration and Law 12(2). p.193-214
Abstract
This 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 re-focusing 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... (More)
This 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 re-focusing 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. (Less)
Please use this url to cite or link to this publication:
author
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
ILO, International Labour Organization, Sweden, undocumented migrant workers, EU law, human rights law, international labour rights, employment contract, trade unions, immigration policy, labour law
in
European Journal of Migration and Law
volume
12
issue
2
pages
193 - 214
publisher
Brill Academic Publishers
external identifiers
  • scopus:77956377655
ISSN
1388-364X
DOI
10.1163/157181610X496876
language
English
LU publication?
yes
id
37a5efe5-d0ea-4773-afff-a57db4cc0523 (old id 1659048)
alternative location
http://www.ingentaconnect.com/content/mnp/emil/2010/00000012/00000002/art00004
date added to LUP
2010-08-26 12:32:46
date last changed
2018-05-29 11:49:26
@article{37a5efe5-d0ea-4773-afff-a57db4cc0523,
  abstract     = {This 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 re-focusing 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.},
  author       = {Inghammar, Andreas},
  issn         = {1388-364X},
  keyword      = {ILO,International Labour Organization,Sweden,undocumented migrant workers,EU law,human rights law,international labour rights,employment contract,trade unions,immigration policy,labour law},
  language     = {eng},
  number       = {2},
  pages        = {193--214},
  publisher    = {Brill Academic Publishers},
  series       = {European Journal of Migration and Law},
  title        = {The Employment Contract Revisited.},
  url          = {http://dx.doi.org/10.1163/157181610X496876},
  volume       = {12},
  year         = {2010},
}