The Right to Have Labour Rights - A Study of the Impact of Migration Law on the Enjoyment of Labour Rights of Third Country Migrant Workers in Sweden

Abstract: Labour law is facing a challenge in the era of globalisation. Due to new conditions in the landscape of employment relations, the legal field needs to reformulate its legitimacy in order to not risk becoming obsolete. This thesis seeks to contribute to the discussion on the need to reinvigorate labour law with a focus on labour rights protection of third country migrant workers. The thesis analyses the impact of migration law on the enjoyment of labour rights of third country migrant workers in Sweden. The tension between labour law and migration law as well as the relationship between labour migration and the Swedish model will be attended to. The first step in order to investigate the protection of labour rights of migrant workers is an analysis of the sources of labour rights. Fundamental theories of labour law will be analysed in relation to the discourse on human rights and citizenship. The thesis will not settle the debate on whether labour rights are human rights, but makes the case that as the protective ambit of labour law does not distinguish between workers on grounds of nationality; in claiming their labour rights migrant workers can make use of the discursive force of human rights in combination with the implementation toolbox of labour law in order to dismantle the exclusionary features of citizenship. The thesis identifies a conflict between the interests of labour law and migration law. In relation to third country migrant workers, migration law seems to be given precedence in labour law matters. The impact of the precedence of migration law is that migrant workers are in a vulnerable position in relation to the employer as the inherent subordination of the worker in the employment relationship is augmented. In 2017, the Swedish labour migration framework is undergoing revision. The intended purpose is to strengthen the position of the migrant worker on the labour market. The thesis comments on the proposed changes currently undergoing assessment and concludes that in order to improve the enjoyment of labour rights for third country migrant workers, structures for the migrant worker to report abuse of their labour rights without jeopardizing their residence permit must be established. Further, the thesis concludes that the proposed changes do not to a satisfying extent establish such structures.