This article addresses a gap in the scholarly literature on the legal regulation of temporary labour migration by tracing the legislative history and regulation of work visas for short stay specialists and occupational trainees. By reason of their acute temporariness, both short stay workers and occupational trainees could be regarded as having a migration status that makes them vulnerable in their work relations. In addition, this vulnerability means they may accept terms and conditions that undercut domestic labour standards. Although the detailed legislative tracing of both visas reveals various attempts to re-regulate both visas in favour of greater scrutiny of employer requests for overseas labour, tightening access requirements and increasing enforcement and monitoring capacity, these have been largely incapable of preventing instances of egregious exploitation. These case studies on two little-known visas mirror the growing concerns around the integrity of Australia’s temporary labour migration program more generally and point to the myriad tensions, challenges and complexities inherent in the regulation of temporary labour migration programs around the globe.

The language of human rights is a prominent tool of choice to push for moral principles such as justice, equity, and fairness in the social, economic, and political spheres. Simultaneously, the concept and practice of human rights have attracted critiques. Relativism is one such enduring critique. Relativists advocate due and reasonable consideration towards cultural diversity and specificity of diverse human communities, within the limits allowed by universality of human rights. The relativist critique featured prominently in the debates surrounding Qatar’s hosting of the FIFA World Cup 2022. Commentators have spoken about Qatar’s scrutiny often moving beyond legitimate human rights criticism, uninformed activism being counterproductive; and the appropriateness of, largely, Western and maximalist ideals of human rights being applied without accounting for local needs and peculiarities. In this Article, I bring together the literature on the relativist critique and the FIFA World Cup Qatar 2022 as a case study, to examine the usefulness and limitation of human rights as a language of critique to achieve meaningful transformative change in sporting contexts. I focus on the debates surrounding the rights of migrant workers and the rights of the LGBTQIA+ community; and argue that while human rights advocacy had a notable impact in relation to FIFA World Cup Qatar 2022, it is a tale full of cautions and lessons.

One year ago, the Qatar World Cup was in full swing, and Qatar was omnipresent in our public and private spheres. For many, the Qatar 2022 World Cup will forever be intimately connected with the plight of migrant workers. This Article dives into the confluence of spectacle, counter-marketing, international—labor and human rights—law, and local reforms, which came together in the long decade which followed FIFA’s fateful decision in December 2010 to give the 2022 World Cup to Qatar. It starts by situating the FIFA World Cup 2022 within Qatar’s drive for soft power and nation branding, before turning to re-counting how the 2022 World Cup was “ambushed” in the name of Qatar’s migrant workers and their rights, putting the issue on the global agenda and triggering the involvement of the ILO. Thereafter, the Article discusses the effects of this ambush counter-marketing by engaging with the labor reforms introduced by the Qatari government, while highlighting their limits in terms of scope and implementation. The Article concludes with a general discussion on the blind spots and shortcomings of the turn to counter-marketing as a strategy to vindicate international human rights or labor rights.

Why is China's household registration system so resilient, and why are migrant workers consistently excluded from equal urban welfare? By disaggregating the hukou and land components of the rural–urban dualist regime, this article argues that dualist land ownership, formalized in China's 1982 Constitution, perpetuates the hukou system and unequal welfare rights. On the one hand, dualist land ownership results in an abundance of low-cost, informal housing in urban villages. This reduces the cost of short-term labour reproduction and diminishes migrants’ demands for state-defined urban rights. On the other hand, dualist land ownership enables local governments to amass significant revenues from land sales. The prominence of land-based revenues prompts local governments to link urban welfare rights with formal property ownership and residency, obstructing substantive reforms to the hukou system. For comparison, this article highlights Vietnam, a communist country with a unitary land ownership system, which has made greater strides in reforming its household registration system.

Many countries use employer-sponsored visas to regulate migrant worker recruitment. By tying each sponsored migrant to a single employer, employer-sponsored visas have contributed to problems of workers being underpaid and mistreated. Through a critical assessment of temporary visas in Australia, particularly the Temporary Skill Shortage visa, and an analysis of relevant Australian and international literature, we argue that employer-sponsored visas are fundamentally flawed in their design and should be replaced. We consider various alternative options to employer sponsorship for regulating migrant worker recruitment before proposing the creation of a ‘mobility visa’, which would allow migrant workers to move freely between employers. We argue a mobility visa is a superior model for protecting worker equity and voice while also helping to address labour market needs.

For migrant workers who do not have access to other means of income, the platform economy offers a viable yet exploitative alternative to the conventional labour market. Migrant workers are used as a source of cheap labour by platforms – and yet, they are not disempowered. They are at the heart of a growing platform worker movement. Across different international contexts, migrants have played a key role in leading strikes and other forms of collective action. This article traces the struggles of migrant platform workers in Berlin and London to explore how working conditions, work experiences, and strategies for collective action are shaped at the intersection of multiple precarities along lines of employment and migration status. Combining data collected through research by the Fairwork project with participant observation and ethnography, the article argues that migrant workers are more than an exploitable resource: they are harbingers of change.

In recent migration research temporality has become a prominent figure. Focussing on temporality allows to shed light on some aspects of labour mobility that enlighten our understanding of work-related conflicts. Especially with view to labour market inclusion, migrants often experience the (assumed) temporal limitation and unpredictability of migration projects, work and residence permits, as well as employment relationships. Correspondingly, labour policies, sector-specific company structures and management techniques also have a temporal dimension (time limits, seasonality, outsourcing schemes), which have effects on conflicts in and around work. Furthermore, one has to situate labour and labour migration within its context of social reproduction in order to better understand, how paid wage labour is embedded in social activities and networks such as households, families and communities, and shaped by the social, developmental and migratory policies that condition workers’ labour market inclusion. This conceptual paper argues that for migrants in particular, the (assumed) temporal limitation and unpredictability of migration projects, work/residence permits, and employment relationships is of great importance when it comes to analysing conflict-ridden negotiations over labour relations and working conditions.

This paper presents the results of research, which highlights the situation during the pandemic in sectors characterised by low wages and a high turnover of workers. The empirical basis is formed by company case studies in the meat industry, postal services, and mask production in Germany and Austria. This paper discusses the significance of different locations (at and beyond the workplace) and forms (‘exit’ and ‘voice’) of labour unrest in sectors of the economy that are characterised by a predominance of the use of migrant labour. It questions how conflicts over migrant labour have been articulated and possibly changed in the pandemic, and what factors may have contributed not only to an upsurge but also to the containment, regulation, and repression, of labour unrest.

This paper focuses on the migrant pay gap in Spain. Going beyond descriptive evidence of the differences between immigrants and nationals in terms of wages, we analyse which part of the gross wage is most affected by features that cannot be captured using econometric models. Relying on microdata from the Wage Structure Survey, we divide the total gross wage into two main parts: base wage and wage supplements. Then we decompose the migrant wage gap into the explained and the unexplained terms, using a simple decomposition methodology, the Oaxaca-Blinder model. Our results show that a part of the differences in wage supplements does not seem to be explained by the set of control variables introduced in the model and that this effect is more pronounced when only men are considered. These findings offer a new perspective on the migrant pay gap in Spain and point to the importance of wage-setting practices related to wage supplements in explaining (and widening) the total migrant pay gap in our country.

We present a theoretical explanation for why migrant workers in China should be less likely to participate in protests than other categories of workers. While grievance-based theories of protest would suggest that migrant workers have more incentive to protest than other categories of workers, resource mobilization theory suggests that their capacity to mobilize for collective action is impeded by the conditions of their work situation and their residence. Using survey data from CGSS 2010, we test propositions derived from this framework. We find that a greater sense of relative deprivation is associated with a greater likelihood of participating in protest across all categories of workers. However, we also find that migrant worker status functions as a moderator between grievances and protest participation: compared to urban registered workers, migrant workers are significantly less likely to take part in protest activities when both of them have high levels of perceived unfairness. These findings are robust across all models.

The article considers the place of Working Holiday visas in Australia’s migration policy and socio-economic planning. With the number of Working Holiday visa grants now topping 200,000 annually, Working Holiday Makers are significant participants in low-skilled work in Australia. The article argues that the programme is not adequately regulated to protect Working Holiday Makers in this work. In light of concerns around the exploitation of Working Holiday Makers, the article offers suggestions for reform to the programme. The article argues that the programme should be returned to its original conception of fostering a cultural experience for young migrants coming to Australia. It argues that work entitlements under the Working Holiday visa should be limited to work that is appropriate for young migrants on a brief cultural visit and that labour shortages should otherwise be filled using dedicated temporary labour migration visas which are properly designed to address labour shortages in the economy. Reform is necessary to protect the work conditions of local and migrant workers, to maintain Australia’s reputation as a country with high employment standards and to maintain positive relations with countries in the Working Holiday programme.

Employer breaches of New Zealand’s minimum employer standards and other forms of worker exploitation have been increasingly recognised as a significant problem. This affects migrant workers in particular, and among them those working without documentation or on various types of non-resident visas. Exploitation has become particularly embedded in a number of industries: fishing, hospitality and tourism, and in some sectors of agriculture, particularly those dependent on seasonal labour. Initially, government action to mitigate these problems was slow and reluctant but over the last decade, culminating in the reforms of 2016, there has been a more focussed effort to provide a strong legislative framework to support minimum employment standards. This article describes the background to those reforms, analyses the reforms themselves and goes on to consider whether they are adequate to ensure access to justice by disadvantaged workers.

This article aims to provide insight into the employment relations in China-based multinational companies internationalising to Europe, a still relatively unexplored topic. We investigate the transfer of work and employment practices from Foxconn’s manufacturing headquarters in mainland China to its subsidiaries in Czechia and the factors that influence the firm’s internationalisation of production. By drawing upon original ethnographic fieldwork, the study makes a two-fold contribution. First, it shows the analytical inadequacy of the ‘latecomer’ model which assumes that the Chinese firm is an asset seeker. Second, it illustrates the relevance of diversity of labour and non-institutionalised forms of workers’ agency for theorisation of internationalisation. These topics are still insufficiently addressed by the literature that favours managerial agency and the model of distinctive and stable national labour forces. The study contributes to the theoretical debates on internationalisation by illustrating the limits of the national institutionalist perspective, the importance of considering a multi-scalar analytical framework and the relevance of labour composition in shaping multinational employment relations.

This article presents an historical and comparative analysis of the bargaining power and agency conferred upon migrant workers in Australia under distinct policy regimes. Through an assessment of four criteria – residency status, mobility, skill thresholds and institutional protections – we find that migrant workers arriving in Australia in the period from 1973 to 1996 had high levels of bargaining power and agency. Since 1996, migrant workers’ power and agency has been incrementally curtailed, to the extent that Australia’s labour immigration policy resembles a guest-worker regime where migrants’ rights are restricted, their capacity to bargain for decent working conditions with their employers is truncated and their agency to pursue opportunities available to citizens and permanent residents is diminished. In contrast to recent assessments that Australia’s temporary visa system is working effectively, our analysis indicates that it is failing to protect temporary migrants at work.

The impact of minimum wage legislation has been widely discussed and is a major concern among labour economists. This article investigates, from economic, legal, international political, trade, and social perspectives, the possibility of decoupling foreign workers’ wages from the minimum wage in Taiwan. The results show that foreign workers’ wages cannot possibly be decoupled from the minimum wage, and foreign workers should not be treated as a separate group of workers in Taiwan’s minimum wage policy.

Wage theft has emerged as a major problem for regulation of work in Australia. Yet, the state has done little to address the issue. In this context, this article considers why there has been recent growth in reported cases of underpayment of wages, particularly of temporary migrant workers, and why the state has failed to implement a strategy to adequately address this problem. The article examines the fragmented nature of employment regulation and visa categories constraining worker agency which, combined with widening avenues for temporary migration, have contributed to the underpayment problem. We also consider how conflicting imperatives of the state, business influence over the policy process and weak political incentives to address underpayment help to account for the state’s inaction.