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THE LEGAL RIGHTS OF MIGRANT WORKERS IN LABOR LAW.
Abstract:
Migrant workers play a significant role in today’s global labor market, contributing to the economic development of both their host and home countries. However, they often face multiple challenges and vulnerabilities due to their migrant status, which necessitates a comprehensive understanding of their legal rights within the framework of labor law.
This abstract aims to provide an overview of the legal rights of migrant workers as recognized in international labor law and various national legal systems. It highlights the fundamental principles, protections, and challenges pertaining to migrant workers’ rights in the context of labor law.
The abstract begins by exploring the definition and characteristics of migrant workers, emphasizing their distinct legal status as individuals engaged in work outside their country of origin. It recognizes that migrant workers are entitled to the same fundamental rights and protections as domestic workers, while acknowledging the unique challenges they face due to factors such as language barriers, cultural differences, and limited social networks.
The abstract then delves into the international legal framework governing the rights of migrant workers. It discusses key conventions and instruments, such as the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, adopted by the United Nations, and the International Labor Organization’s (ILO) Decent Work Agenda. These instruments emphasize the importance of safeguarding migrant workers’ rights, including equality of treatment, fair working conditions, and access to social protection.
Furthermore, the abstract examines the legal protections provided by national labor laws in the context of migrant workers. It highlights the importance of non-discrimination and equality principles, as well as regulations concerning working hours, wages, occupational safety and health, and freedom of association. It also addresses the role of labor inspections and mechanisms for dispute resolution in ensuring effective enforcement of these rights.
However, the abstract also recognizes the persistent challenges that migrant workers face in accessing and exercising their legal rights. These challenges include recruitment practices, labor exploitation, human trafficking, and limited access to justice. It underscores the need for comprehensive policies and measures to address these issues, encompassing pre-departure and post-arrival support, enhanced labor market governance, and cooperation between countries of origin and destination.
In conclusion, this abstract highlights the legal rights of migrant workers in labor law, both at the international and national levels. It emphasizes the importance of recognizing and protecting these rights to promote fairness, dignity, and social justice for migrant workers. It further underscores the need for ongoing efforts to address the challenges they face and ensure effective implementation of legal safeguards within the complex dynamics of global migration and labor markets.
