In the face of globalisation, the economic crisis affecting much of the globe: Greece, the European Union, Brazil, and the armed conflicts that have intensified in the 21st century, mainly in the Middle East, culminating in the humanitarian crisis we are currently witnessing. Added to this is the prejudice, discrimination and marginalisation of foreigners throughout history. This scenario has impacted labour relations, either by making them more flexible or by compromising the human dignity and citizenship of such individuals. From this perspective, we seek to analyse the consolidation of the status of foreign citizens. Subsequently, we discuss the protection of migrants from the perspective of the Cooperative State. Furthermore, the protection of migrants is examined in light of ILO Conventions 97, 111 and 143. Going further, it is emphasised that labour rights, as social rights, require public policies for their implementation. In this sense, we analyse how such public policies contribute to the inclusion of these individuals. Finally, the role of the Judiciary in the realisation of the labour rights of migrants, as minorities, based on the counter-majoritarian principle, is highlighted.