An analysis of the EU Seasonal Workers Directive in the light of two similar regimes: Three dimensions of regulated inequality

Abstract

This article analyses three cumulative situations of inequality suffered by seasonal low-skilled migrant workers in Europe: i) reinforced inequality of bargaining power before the employer, ii) legal inequality between them and the local workforce, and iii) legal inequality between them and high-skilled migrant employees. In this regard, the prioritisation of the needs of national economies rather than a rights-based approach is promoted by the legislators. The EU Seasonal Workers Directive (SWD) is here compared to two Temporary Migration Programmes (TMPs) regulating similar migrant mobility. One of them has been in force for decades in Canada and the other entered more recently into force in New Zealand. It is shown that, despite claiming novelty, the SWD follows the same basic principles of structured and regulated inequality existing in these schemes.