This thesis proceeds via a critique of the labour process debate and its central conception of "control" to the attempt to develop an alternative theory of the labour process based on an analysis of exploitation. This involves the use of a classical Marxist model of capitalist economics in which the primary objective of valorisation is emphasised as structuring the organisation of the contemporary labour process. Two aspects of this objective are invoked; that relating to the extraction of surplus value, in which both the intensification and abstraction of labour are noted as continuing tendencies in the development of the labour process, and that relating to the relationship between paid and unpaid labour time, in which the commodity status of labour is seen as central in integrating the issue of subsistence into the heart of the labour process itself. In locating these interlinked strands in the structuring of the labour process the thesis takes on two further tasks: firstly to demonstrate the centrality of contradictions within the capitalist labour process; and secondly to unite objective and subjective in the consideration of that labour process. This latter task shapes the third theme within the thesis , the analysis of worker response or "class consciousness". Our argument in this respect has focussed on the need to recognise worker response and resistance as centrally "economistic", but at the same time has indicated the political implications of such response. Empirical material from the two case studies undertaken within the thesis is presented in order to sustain this argument, along with a briefer survey of some published studies. Overall, the analysis holds that while worker response must be recognised as economistic rather than "control"-oriented, such response is rooted in the contradictions of the capitalist labour process,and can thus be understood as endemically undermining its structures

The research conducted for this thesis is an exploratory study of migrant workers' experiences in UK food supply chains. This thesis provides an original contribution to criminology by discussing how some food supply chain dynamics result in various exploitative and harmful labour practices against migrant workers. Data consisted of semi-structured interviews conducted with migrant workers in the UK, as well as individual and group interviews with food supply chain stakeholders, including representatives from industry, regulation, and labour movements. This research conceptualises labour exploitation as a continuum, with severe practices including modern slavery on one extreme and 'decent work' on the other. There are a range of practices in-between these two extremes that risk being overlooked, whereby 'routine', banal exploitation is embedded and normalised within legitimate supply chain processes. The argument developed in this thesis is that a stronger emphasis is needed on the harmful consequences of routine, mundane, everyday labour exploitation in order to understand how they can result from legitimate supply chain dynamics. The key contributions of this thesis can be summarised under four themes: developing a more rigorous analysis of 'routine' labour exploitation and harm against migrant workers; understanding how legitimate food supply chain dynamics can facilitate exploitation and harm; explaining how the regulatory framework may unwittingly result in further exploitation and harm to migrant workers; and recognising the complexity of the relationship between migration and labour exploitation. The thesis findings contribute to predominant discussions of labour exploitation that typically focus on severe exploitation such as modern slavery and emphasise rogue individuals or criminal networks as the main perpetrators. The research findings demonstrate that a significant amount of routine labour exploitation and harm remains 'under the radar' in the context of legitimate supply chain practices. Police action and supply chain regulation typically focuses on the most severe labour exploitation, which results in routine exploitation being largely unaddressed. Therefore, labour exploitation has implications for the nature, organisation, and control of harms facilitated by businesses and supply chains. It is important for criminology and society to not disregard routine labour exploitation, as these practices can result in numerous harmful consequences for workers. Since the public profile of labour exploitation continues to grow, a stronger focus is needed on the routine and banal aspects, not just the most severe practices.

Hotel and restaurant industry have always been seen as an industry with low status and poorworking conditions. Low wages, temporary contracts, illegal work, and sexual harassment are the rule rather than the exception when the employee’s working conditions discusses. By using the right dogmatic approach together with a social science perspective the purpose of the study has been answered. The purpose has been to contribute to a greater understanding of how it is that the hotel and restaurant industry’s poor working conditions can be maintained, the extent to which the working conditions of the employees is ensured and why mostly young people, women and people with foreign backgrounds are employed in the industry. Among people with a foreign background also includes third country nationals who come to Sweden to work. Because the hotel and restaurant industry serves as a steppingstone into the labour market it employs both young people with Swedish background as young people with foreign background. The industry has employed women for a long time and expectations of how staff within the profession should look like has led to it is common that women are employed in the industry. Because of rouge entrepreneurs who, for their own personal gain, indulged in financial crime, illegal work, fiddling with staff ledge and high incidence of temporary contracts, the poor working conditions in the industry successfully have been maintained. The injustices of the industry have over time become a kind of norm and because of this, the labour exploitation continues. The low degree of organization restricts HRFs opportunities to control the collective agreements and it tends to be the authorities who have the greatest responsibility to ensure that employees work on reasonable terms. The problems also become even greater when third-country nationals’ rights and working conditions should be checked. This is because Sweden has not ratified several important conventions about third country nationals labour conditions while statutory regulation opened up for employers to employ third country nationals. Ensuring working conditions are also affected by the individual employees’ tendency to report injustice, an example is sexual harassment from outsiders persons. In summary, conclusion is drawn that ensuring the working conditions in hotel and restaurant industry is problematized by employees’ unwillingness or fear to take action andauthorities, often inadequate, control possibilities.

Submitted by Maike Costa (maiksebas@gmail.com) on 2016-02-02T13:05:23Z No. of bitstreams: 1 arquivototal.pdf: 2886518 bytes, checksum: 9022d949d07dd9277579970745acbd91 (MD5) / Made available in DSpace on 2016-02-02T13:05:23Z (GMT). No. of bitstreams: 1 arquivototal.pdf: 2886518 bytes, checksum: 9022d949d07dd9277579970745acbd91 (MD5) Previous issue date: 2015-04-06 / This research was focused working conditions of dangerous cargo conductor with alcohol, gasoline and diesel oil major, which carry the supply terminals of the port city of Cabedelo /PB. We favor this list of those workers engaged formally with a view to stimulating discussion about the precariousness which also occurs in formal setting. We performed this analysis as opposed to labor balance sheets of the last decade, which record a surplus of employees with Work and Social Security - signed CTPS, especially in the service sector. We assume, in view of the economic interests that form the foundation of this society, the positive balance of these indexes did not represent good working conditions and income, even if the work is under the apparatus of labor legislation providing for its protection. We chose the professional category in question in order to prove that even in possession of a great potential for mobilization, since the fuel and cargo transportation are essential to the economic drive, those workers are subsumed to precarious established by capital. Regarding the methodological procedures, we seek through literature and empirical research grasp on the reality of those working professionals. That said, we seek the Marxist methodology, the elucidation of wage labor as fundamental element of capitalist society. This analytical perspective we were profitable for us to further dialogue about the changes imposed on workers in the latest phase of capitalist development, namely: the dismantling of labor rights; the fragmentation of the working class, its fragmentation and weakening the struggle for better working conditions and income; the easing of relations of remuneration; precarious employment, among others. Commented above on the productive restructuring of capital, seen from the last decades of the twentieth century and the impact caused by the the world of work and, as a result, on the legal-political role of the state in legitimizing the new forms of management and organization of work. In general, we obtained the finding that in the group studied prevail formal workers hired by subcontractors and gas stations. And with regard to job insecurity checked there, we highlight the appalling physical and structural conditions for labor execution, versatility or diversion of functions and the neglect of labor rights. Considering this assumption, we found that the exploitation of the labor force in the universe of this research is of excessive way. Finally, we find strong evidence that once kept the bases of this society, economic rationalization and capital appreciation, the transformations in the world of work put up indifferent to improvements in the class labor conditions living labor. / Esta pesquisa tem como objeto as condições de trabalho dos condutores de carga perigosa, sendo álcool, gasolina e óleo diesel as principais, carregadas nos terminais de abastecimento do porto da cidade de Cabedelo/PB. Privilegiamos desse rol de trabalhadores aqueles contratados formalmente, na perspectiva de suscitar o debate acerca da precarização que também ocorre no cenário formal. Realizamos esta análise em contraponto aos balanços trabalhistas da última década, que registram um saldo positivo de empregados com Carteira de Trabalho e Previdência Social - CTPS assinada, em especial no setor de serviços. Pressupomos, em virtude dos interesses econômicos que conformam a base dessa sociedade, que o saldo positivo dos referidos índices não representaram boas condições de trabalho e renda, ainda que o trabalho esteja sob o aparato de uma legislação trabalhista que prevê a sua proteção. Elegemos a categoria profissional em pauta, no intuito de comprovar que mesmo de posse de um grande potencial de mobilização, já que o combustível e o transporte de cargas são imprescindíveis à movimentação econômica, estão os referidos trabalhadores subsumidos à precarização instituída pelo capital. No que concerne aos procedimentos metodológicos, buscamos por meio de pesquisa bibliográfica e empírica apreender a realidade de trabalho daqueles profissionais. Posto isso, buscamos no método marxista, a elucidação do trabalho assalariado enquanto elemento fundante da sociedade do capital. Essa perspectiva de análise nos foi proveitosa para que mais adiante pudéssemos dialogar acerca das mudanças impostas aos trabalhadores na mais recente fase de desenvolvimento capitalista, a saber: o desmonte dos direitos do trabalho; o esfacelamento da classe trabalhadora, sua fragmentação e enfraquecimento às lutas por melhores condições de trabalho e renda; a flexibilização das relações de assalariamento; a precarização do trabalho, entre outras. Discorremos acerca da reestruturação produtiva do capital, observada a partir das últimas décadas do século XX e dos impactos causados por esta ao mundo do trabalho e, na sequência, sobre o papel jurídico-político do Estado na legitimação das novas formas de gestão e organização do trabalho. Em linhas gerais, obtivemos a constatação de que no universo pesquisado prevalecem trabalhadores formais, contratados por empresas terceirizadas e postos de combustíveis. E no que concerne à precarização do trabalho verificada ali, destacamos as péssimas condições físicas e estruturais à execução do labor, a polivalência ou o desvio de funções e o negligenciamento dos direitos do trabalho. Assim, considerando o pressuposto referido, pudemos constatar que a exploração da força de trabalho no universo desta pesquisa ocorre de maneira desmedida. Finalmente, verificamos fortes indícios de que, uma vez mantidas as bases dessa sociedade, de racionalização econômica e valorização do capital, as transformações no mundo do trabalho põem-se indiferentes às melhorias nas condições de labor da classe trabalhadora.

This thesis aims to outline how the labour exploitation of migrant workers is problematized in contemporary Canadian labour migration policy discourse; the consequences of this problematization(s), and possibilities for creating an alternative critical space for discourse. Using concepts of (social) harm, (un)freedom, and (hyper)precarity as departure points for analysis, this project endeavours to untangle problematizations of migrant worker exploitation from their representations in Canadian policy discourse through a post-structural policy analysis. From this theoretical perspective, policy discourse will be analyzed employing Carol Bacchi’s (2009) ‘What is the Problem Represented to Be?’ (WPR) methodology. With this theoretical and methodological basis, the goal of this thesis is to make space to open a critical dialogue between the consequences of the global neoliberal capitalist order, Canadian policy discourse, the Canadian border/migration regime, and the conditions of migrant labourers caught in the middle of this complex nexus.

Trafficking in human beings is considered to be one of the most serious crimes in which there is a significant violation of fundamental human rights. Through recommendations and binding documents, international organisations call on states to prevent human trafficking, and if it occurs, to allow for the settlement of human rights of its victims. National governments are responsible for compliance with human rights commitments, not only on the level of policy formulation, but also in terms of their implementation in practice. However, experience of social work with trafficked persons in the Czech Republic shows that victims of this serious crime have no access to settlement of their rights. The aim of this paper was to evaluate whether the Czech Republic meets the selected human rights standards that ensure the victims' access to their rights. The evaluation of the situation was based on the selected criteria defining the meeting of individual human rights standards of the Aim for Human Rights organisation. Fulfilling the selected criteria was examined on the case of proceeding of state authorities in the case of exploitation of hundreds of foreign workers in the forestry industry, known as the "Stromkaři" (Tree Workers) case. The evaluation showed that while on the formal level the standards required by the...

The submitted thesis focuses on the cooperation of the state and non-governmental non-profit organizations in fighting labour exploitation in the Czech Republic. It is one of the most frequent forms of the human trafficking in the CR. The thesis is based on several theories and concepts, such as the actor - network theory, the institutional theory, the Four "C" theory, the NNO theory or the dignified work concept. The thesis analyses the concept of the policy on labour exploitation in the Czech Republic with a focus on the cooperation of main actors from state and non-profit sectors in fighting labour exploitation and proposes how to improve this cooperation. The thesis defines different relevant terms as well as the term "labour exploitation". It also presents statistical data concerning this phenomenon. An analysis of policy documents on a transnational and national level is used to analyse the policy concept. The thesis also works with a quick analysis of actors and semi-structured interviews with eight experts from public and non-profit sector - specifically with employees of the Asylum and Migration Policy Department of the Ministry of the Interior, the Crime Prevention Department, the State Labour Inspection Office and with social workers of the non-profit organizations La Strada and...

La tesi si concentra sulla prevenzione dello sfruttamento lavorativo nel settore agro-alimentare. L’Italia è tenuta costantemente al centro delle riflessioni per offrire esempi puntuali, costantemente ‘situati’ all’interno di una visione globale, al crocevia tra il mercato del lavoro e le politiche migratorie. Lo studio criminologico del fenomeno è stato il punto di partenza per testare la capacità di prevenzione e contrasto dell’attuale sistema giuridico, analizzato secondo una logica stadiale. Facendo tesoro delle indicazioni provenienti dalla letteratura sociologica e dalla moderna vittimologia, la parte conclusiva è interamente dedicata alla proposta di una strategia di prevenzione/regolazione ispirata al dinamismo politico criminale introdotto dalla responsive regulation di John Braithwaite. Mettendo a sistema risposte innovative e buone pratiche, la tesi elabora specifiche raccomandazioni di policy, servendosi anche dei rami non penalistici dell’ordinamento giuridico. Una tale politica criminale multi-livello dovrebbe, prima di tutto, rafforzare il rifiuto sociale di qualsiasi forma di sfruttamento, sapientemente e gradualmente impiegando un variegato strumentario sanzionatorio al fine di costruire la conformità mediante il consenso ai precetti (auto-regolazione imposta, sanzioni amministrative con ‘messa alla prova’ e sanzioni penali come extrema ratio). L’analisi comparata delle legislazioni più innovative ha svolto un ruolo cruciale per l’elaborazione di una tale proposta. / The thesis focuses on the prevention of labour exploitation, specifically targeting the agri-food sector. Italy is at the centre of the reflection to provide for tangible examples within a global perspective, at the intersection of labour market and migration policies. A better knowledge of the phenomenon and its complexities has been the starting point for examining the ability of the current (intertwined) legal framework to deal with employers who breach the rules, from low-level non-compliance to serious criminality (i.e. slavery and trafficking). Accordingly, a preventive strategy has been designed bringing the theoretical framework of responsive regulation (Ayres-Braithwaite 1992) into the research on labour exploitation, in turn conceptualised as a form of corporate crime. Building further on existing ‘good’ laws and practices, specific policy recommendations have been provided utilizing all fields of law. Such a hybrid criminal policy should start by strengthening society’s rejection to any form of labour exploitation, strategically rising to more punitive remedies for the purpose of building compliance (i.e. mandated self-regulation, administrative sanctions with ‘corporate probation’ and criminal law as last resort). In doing so, a main contribution has come from comparative analysis.

Many in Germany argue that the minimum wage and other protective provisions for migrant workers will only be effective when workplace inspections by the enforcement body "Finanzkontrolle Schwarzarbeit" (FKS) are stepped up. For this reason, a novel cooperation agreement between the FKS and migrant workers' counseling offices has been signed, in June 2021. This step is informed by the FKS' public image of being a guardian of the minimum wage and of victims of labor exploitation. The hypothesis of this thesis is that the argument of more inspections lead to less exploitation is oversimplified. Therefore, it explores the role that the FKS has for migrant workers in more detail by using regime theory and a methodological approach informed by ethnographic border regime analysis. An analysis of the FKS' formal duties codified in the law reveals its ambivalent character. Especially the concept of unlawful employment serves as an umbrella term that conflates protective as well as punitive provisions for migrant workers. In eleven qualitative interviews, FKS officers and migrant workers' counselors mostly rejected the FKS' image as a "workers' protection squad". Instead, they think that the FKS only served the interests of the state. As a consequence, exploited workers have no immediate benefit from FKS inspections, and sometimes even experience heavy detriments like the loss of their job, housing, or unpaid wages. The most severe consequences, like expulsions or deportations, result from violations of the Residence Act. For these reasons, counselors reacted differently to the new cooperation agreement. While most counselors have strong reservations or even refuse to work with law enforcement bodies, others have found ways to cooperate without putting their clients at risk. For such successful cooperation it is crucial that FKS officers take workers' and counselors' needs seriously and adapt their routines and protocols in order to instill trust. Under the current legal and institutional configuration, increasing the number of FKS inspections is not pertinent to combat the exploitation of migrant workers. The argument that vulnerabilities of migrant workers emerge from a lack of enforcement is blinding out the fact that the enforcement of labor law itself produces vulnerabilities. Institutions tasked with the enforcement of protective provisions, must not be tasked with enforcing punitive provisions against migrant workers. Instead, workers need to be given an active role in the enforcement of their own rights.