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I'm Keeping My Baby: Migrant Domestic Worker Rights at The Intersection of Labour and Immigration Laws

Published online by Cambridge University Press:  25 February 2022

Wayne Palmer Open the ORCID record for Wayne Palmer [Opens in a new window]  and
Carol S. Tan
Wayne Palmer*
Affiliation:
Bielefeld University, Germany
Carol S. Tan
Affiliation:
SOAS University of London, United Kingdom
*
*Corresponding author. Email: [email protected]
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Abstract

Employment relations systems generally fail to enforce all legal rights of migrant workers. This article illustrates a broader approach to the way labour migration is regulated in practice, using the example of migrant domestic workers in Hong Kong. Political economists have shown that the reality of low-wage migration is either ‘more rights, less access’ or ‘fewer rights, greater access’ in terms of rights enforcement systems. Attention to the effectiveness of such mechanisms and processes reveals another feature of regulation: the divergence of theory from practice. Much scholarly attention has been paid to rights, and this analysis, in which enforcement of those rights is sought, contributes to the literature with a frequently-occurring example of how such regulatory practices effectively restrict migrant rights. The article concludes by arguing that regulation uses employers as a further ‘mechanism of control’ to determine the actual quantity and quality of migrant workers’ employment rights regardless of what is stipulated in the law.

Keywords

International migrationMigrant rightsImmigration lawLabour lawlabour disputes
Type
Original Article
Information
TRaNS: Trans-Regional and -National Studies of Southeast Asia , Volume 10 , Issue 2 , November 2022 , pp. 115 - 125
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Copyright
Copyright © The Author(s), 2022. Published by Cambridge University Press on behalf of Institute for East Asian Studies, Sogang University

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References

Anderson, J.T., and Franck, A.K.. 2019. “The public and the private in guestworker schemes: Examples from Malaysia and the U.S.” Journal of Ethnic and Migration Studies 45(7): 1207–1223.Google Scholar
Bal, C.S. 2016. Production Politics and Migrant Labour Regimes: Guest Workers in Asia and the Gulf. London: Palgrave Macmillan.Google Scholar
Chan, A.H.-N. 2005. “Live-in foreign domestic workers and their impact on Hong Kong's middle class families.” Journal of Family and Economic Issues 26(4): 509–528.CrossRefGoogle Scholar
Chan, A.H.-N. 2006. “The effects of full-time domestic workers on married women's economic activity status in Hong Kong, 1981–2001.” International Sociology 21(1): 133–159.Google Scholar
Commissioner for Labour. 2014. Follow-up to Meeting on 27 February 2014, Policies Relating to Foreign Domestic Helpers and Regulation of Employment Agencies [Letter to Panel on Manpower, Legislative Council], June 27. http://www.legco.gov.hk/yr13-14/english/panels/mp/papers/mp0227cb2-1927-1-e.pdfGoogle Scholar
Constable, N. 2014. Born Out of Place: Migrant Workers and the Politics of International Labor. Hong Kong: Hong Kong University Press.Google Scholar
Constable, N. 2016. “Discipline, control, and the ins and outs of prison for migrant overstayers in Hong Kong.” Migration, Mobility & Displacement 2(1): 58–72.CrossRefGoogle Scholar
Constable, N. 2020. “Tales of two cities: Legislating pregnancy and marriage among foreign domestic workers in Singapore and Hong Kong.” Journal of Ethnic and Migration Studies 46(16): 3491–3507.CrossRefGoogle Scholar
Er, S.Y.X., and Paul, A.M.. 2020. “The workplace-entitlements knowledge of Filipino and Indonesian domestic workers in Singapore.” Journal of Immigrant & Refugee Studies 18(1): 113–131.Google Scholar
Ford, M. 2019. From Migrant to Worker: Global Unions and Temporary Labor Migration in Asia. Ithaca: Cornell University Press.CrossRefGoogle Scholar
Foster, J.B. 1992. “The absolute general law of environmental degradation under capitalism.” Capitalism Nature Socialism 3(3): 77–81.CrossRefGoogle Scholar
Labour and Welfare Bureau, Labour Department, & Immigration Department. 2014. Policies Relating to Foreign Domestic Helpers and Regulation of Employment Agencies [Letter to Legislative Council Panel on Manpower], 27 February. http://www.legco.gov.hk/yr13-14/english/panels/mp/papers/mp0227cb2-870-1-e.pdfGoogle Scholar
Ladegaard, H.J. 2017. The Discourse of Powerlessness and Repression: Life Stories of Domestic Migrant Workers in Hong Kong. Abingdon: Routledge.Google Scholar
Marti, G. 2019. “The effects of multilevel governance on the rights of migrant domestic workers in Singapore.” Journal of Ethnic and Migration Studies 45(8): 1345–1360.Google Scholar
O'Connor, J. 1991. “On the two contradictions of capitalism.” Capitalism Nature Socialism 2(3): 107–109.CrossRefGoogle Scholar
Oishi, N. 2005. Women in Motion Globalization, State Policies, and Labor Migration in Asia. Stanford: Stanford University Press.Google Scholar
Palmer, W. 2013. “Public-private partnerships in the administration and control of Indonesian migrant labour in Hong Kong.” Political Geography 34: 1–9.CrossRefGoogle Scholar
Palmer, W. 2016. Indonesia's Overseas Labour Migration Programme, 1969-2010. Leiden: Brill.Google Scholar
Paul, A.M., and Neo, P.. 2018. “Am I allowed to be pregnant? Awareness of pregnancy protection laws among migrant domestic workers in Hong Kong.” Journal of Ethnic and Migration Studies 44(7): 1195–1213.CrossRefGoogle Scholar
Piper, N. and Foley, L.. 2021. “Global partnerships in governing labour migration: The uneasy relationship between the ILO and IOM in the promotion of decent work for migrants.” Global Policy and Governance, https://doi.org/10.1007/s43508-021-00022-x.CrossRefGoogle Scholar
Portes, A. and Böröcz, J.. 1989. “Contemporary immigration: Theoretical perspectives on its determinants and modes of incorporation.” International Migration Review 23(3): 606–630.Google ScholarPubMed
Ruhs, M. 2013. The Price of Rights: Regulating International Labor Migration. Princeton: Princeton University Press.Google Scholar
Schultz, C., Lutz, P., and Simon, S.. 2020. “Explaining the immigration policy mix: Countries’ relative openness to asylum and labour migration.” European Journal of Political Research, https://doi.org/10.1111/1475-6765.12422.Google Scholar
Sim, A. 2003. “Organising discontent: NGOs for Southeast Asian migrant workers in Hong Kong.” Asian Journal of Social Science 31(3): 478–510.Google Scholar
Sim, A. and Wee, V.. 2009. “Undocumented Indonesian workers in Macau: The outcomes of colluding interests.” Critical Asian Studies 41(1): 165–188.Google Scholar
Surak, K. 2018. “Migration industries and the state: Guestwork programs in East Asia.” International Migration Review 52(2): 487-523.Google Scholar
Tan, C.S. 2000. “Why rights are not enjoyed: Foreign domestic helpers.” Hong Kong Law Journal 30(3): 354–360.Google Scholar
Tan, C.S. 2016. “Enforcing socioeconomic rights: Everyday agency, resistance and community resources among Indonesian domestic workers in Hong Kong.” In Everyday Political Economy of Southeast Asia, edited by Juanita, E. and Lena, R., 218–238. Cambridge: Cambridge University Press.CrossRefGoogle Scholar
Vanace, C. 2011. “States of contradiction: Twelve ways to do nothing about trafficking while pretending to do so.” Social Research 78(3): 933–948.CrossRefGoogle Scholar
Wright, C.F., and Clibborn, S. 2020. “A guest-worker state? The declining power and agency of migrant labour in Australia.” The Economic and Labour Relations Review 31(1): 34–58.CrossRefGoogle Scholar