Regulating for Equitable and Job-Rich Growth
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Regulating for Equitable and Job-Rich Growth

Edited by Colin Fenwick and Valérie Van Goethem

This book offers a critical reflection on the operation and effects of labour regulation. It articulates the broad goals and extensive potential for it to contribute to inclusive development, while also considering the limits of some areas of regulation and governance.
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Chapter 5: Regulating informal work at the interface between labour law and migration law

Mark Freedland

Abstract

In this chapter three interconnected arguments are put forward. Firstly, reflection upon the impacts of migration law upon labour law’s conception and regulation (or non-regulation) of ‘informal work’ produces significant insights into the analytical complexity and imprecision of the conception and the regulation of informal work (the ‘imprecision argument’). Secondly, reflection on the labour-law-generated and migration-law-generated model(s) of informal work discloses a particular set of normative ambiguities about the culpability of the worker for being engaged in informal work which has very important implications for the ways in which informal work is regulated (or not regulated) (the ‘normative ambiguity argument’). Thirdly, some suggestions are advanced as to how to construct an appropriate regulatory response to those insights, canvassing some ideas for improving the worker-protective regulation of informal work in ways which are inclusive of migrant workers rather than unduly exclusive of undocumented workers (the ‘argument for inclusiveness’).

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