L’usage par les travailleurs étrangers temporaires des ressources proposées par le droit du travail : une contribution aux études portant sur l’effectivité du droit
In Canada, the number of temporary foreign workers has been steadily increasing since 2003. Temporary foreign workers have neither political citizenship nor permanent residency; their professional mobility is restricted and their length of stay limited and predetermined.  Formally, these workers can benefit from the protection of labour law despite their migratory status. Many studies have however shown that “low-skilled” temporary foreign workers are generally less likely to report the violation of their labour rights. Does labour law constitute a useful buttress for these workers?  Using a mixed methodology involving a field study with key actors, this study pursues two objectives. On the empirical level, it allows to shed light on the impact of the singular employment system of these workers on their mobilization of labour law’s protections. Such mobilization is neither contingent nor predetermined; it depends on the constraints and on the opportunities arising from the employment system. Our research also reveals that strategies elaborated by actors who are not, from a legal perspective, parties to the employment relationship, also have a significant impact on the way these workers take advantage of labour law's ressources ; such impact largely depends on the power these actors have in the employment system.  On the theoretical level, this study is situated in the broader field of studies concerning the effectiveness of law. It purports to distinguish between the study of the effects of the law and the analysis of its use. It elaborates an analytical framework addressing the relationship between the law and its recipients.
Labour Law Minimum employment standards Temporary foreign workers Temporary migration programs Employment system System of actors Effectiveness Implementation Sociology of law