Justice and injustice at work : access to justice for undocumented migrant workers in France

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Pilleri, Catherine
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The increasing interest in the topic of undocumented migrants has led the research community to focus on the interaction between labour law and immigration law and its effect on working and living conditions of undocumented migrant workers. Taking cues from this perspective of research, our study aims at showing that the intertwinement of labour law and the tightening of immigration laws and policies in France can impact negatively on labour rights of undocumented migrants, and particularly on the right to access to justice. The possibility to access labour courts is crucial in that it guarantees other labour rights. Le Tribunal des Prudh’ommes, the French labour court, is open to all workers, regardless to their migration status. However, only a few undocumented migrant workers choose to go to court. This situation can be analysed as the consequence of the tense interplay between evolutions in immigration laws and policies and labour law
Second semester University: Ca' Foscari University of Venice.
emigration and immigration law, France, International Convention on Protection of Rights of All Migrant Workers and Members of Their Families, irregular migrations, labour law, migrant workers