Irreguljära migranters situation på den svenska arbetsmarknaden - Arbetsrättsligt skydd trots illegalt arbete?

Detta är en Kandidat-uppsats från Lunds universitet/Institutionen för handelsrätt

Sammanfattning: Irregular migrant workers are those who work in Sweden without valid permission and they are a vulnerable group in the Swedish labour market. Employers tend to exploit these people and therefore they often work under very bad working conditions and receive worse protection of employment rights. Making use of an already precarious group is unethical and there is a need to highlight the subject. This essay, therefore, aims at identifying in what extent the irregular migrant workers are included in the protection of employment rights, despite their illegal status. Both national and international law are taken into account. The essay thus has a labour law perspective but also touches upon migration law provisions briefly as they are important for investigating the irregular migrant workers' protection and rights in the Swedish labour market. From the investigation that has been made, it has been found that this group of workers in theory receives a certain level of labour protection as they are attributed to the majority of rights through both Swedish legislation and international regulations. On the other hand, it has been found that in practice there are difficulties for irregular migrant workers to take advantage of this protection as the ability to complain to the employer is very small and poses a risk of expulsion. It is therefore important to further improve this opportunity so that this group of people can avail themselves of the labour protection that they are actually attributed to.

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