Migrants at Work: Immigration and Vulnerability in Labour Law
本文探讨劳动法与移民法的交叉领域，指出两者长期缺乏学术对话，并强调移民及其规制对劳动法的重大影响，适合关注移民劳工权益的学者阅读。
Until recently, the scholarly engagement between labour law and migration law could be described as ‘two ships passing in the night’. Conventionally, labour lawyers have seldom been occupied with issues of immigration. There may be an assumption that immigration law merely concerns itself with a system of control over migrants’ entry, exit and residence in a host state’s territory. There is a similar predisposition for migration lawyers to regard labour regulatory issues as outside their purview. The study of immigration law tends to ‘conceal the labour market rationales that drive much of the development’ of labour migration regimes (A. O’Donnell and R. Mitchell, ‘Immigrant Labour in Australia: The Regulatory Framework’ (2001) 14 AJLL 269, 271). The regulation of migrants’ work relations sits at the complex and dynamic interface of migration law and labour law—an interface that is embedded with tensions between the two regulatory domains’ goals, norms, concerns, rules, structures and institutions. Drawing attention to the significant yet under-examined interaction and intersection between labour law and immigration law is at the heart of the Migrants at Work research project led by Cathryn Costello and Mark Freedland, along with 27 other contributors from around the world. In this major and timely contribution to an emerging field of inquiry for labour law scholars, Freedland and Costello emphasise that the project’s chosen path is ‘to think… about the ways in which both migration law and immigration itself impact upon labour law’ (at 5). The main justification for this approach is that a vast majority (if not all) contributions address the ‘major and under-appreciated’ effect of labour migration and its regulation on labour law (at 2).