Historical background to the emergence of labour law

Labour laws have roots in various regions worldwide. European scholars highlighted
the significance of guilds and apprenticeship systems during medieval times. Asian
scholars, on the other hand, link labour laws to the Babylon Code (18th century BCE)
and the laws of Manu. Meanwhile, American authors direct attention to the Law of
the Indies, proclaimed in Spain during the 17th century as society burgeoned.
Labour law emerged as a response to the Industrial Revolution of the 18th century. It
aimed to curb the unjust treatment of workers, which had become a dire issue as
industries flourished at the expense of labour. Concurrently, with the French
Revolution's push for social justice, the 18th century saw the introduction of labour
laws amidst societal conflict. However, it was not until the 20th century that they
were truly embraced and accepted.
The initial phase of industrialization in capitalist nations marked a period of
unchecked individualism, free contracts, and laissez-faire economics, characterized
by long work hours, employment of young children in unsanitary conditions, low
wages, and other abuses. Naturally, these excesses could not persist without outcry
for reform. The early Factories Acts arose from these abuses, reflecting society's
desire to shield its vulnerable from exploitation. Workers had scant legal protections
available, making labour legislation a direct outcome of the industrial revolution.
By 1848, the first legal restriction on the working hours of adults was implemented
by the Landsgemeinde (citizens' assembly) of the Swiss canton of Glarus. Germany
led the way in 1883 and 1884 with the introduction of sickness insurance and
workers' compensation, while New Zealand pioneered compulsory arbitration in
industrial disputes during the 1890s. Progress in labor legislation outside of Western
Europe, Australia, and New Zealand was slow until after World War I. The more
industrialized states of the United States began enacting such laws toward the end of
the 19th century, but the majority of current labor legislation in the United States was
not put into place until after the Great Depression of the 1930s. Russia had almost no
labor laws prior to the October Revolution of 1917. In India, regulations limited
children between the ages of 7 and 12 to nine hours of work per day in 1881, and
adult males in textile mills to 10 hours per day in 1911. However, a significant
advancement occurred with the amendment of the Factory Act in 1922 to implement
conventions agreed upon at the inaugural session of the International Labour
Conference in Washington, D.C., in 1919.
Influence of Contemporary Events:
 The Industrial Revolution, alongside revolutionary thinkers like Rousseau, J.S.
Mill, the French Revolution, Hegel, Marx & Engels, and the Russian
Revolution, significantly shaped labour jurisprudence.
  World wars highlighted the importance of labourers, whose productivity was
crucial for warring nations' success, prompting them to advocate for improved
working conditions.
 Advances in science, technology, and communication brought global
communities closer, allowing workers in underdeveloped nations to compare
their conditions with those in developed nations.
Growth of Trade Unionism:
The Trade Union movement, born from the industrial revolution, accelerated the
growth of labour laws. Their advocacy for workers' interests led to legislation on
wages, work hours, women's rights, social security, and more. Simultaneously, their
expansion necessitated laws on industrial dispute regulation, prevention, settlement,
and trade union rights. The breakthrough for trade unionism and collective bargaining
was achieved by the National Labor Relations Act (the Wagner Act) of 1935.
Expansion of Political Freedom and Franchise:
Gradual extension of universal adult suffrage empowered the working class to
influence state policy through their representatives, who championed labour causes
and pushed for progressive legislation.
Rise of Socialist and Revolutionary Ideas:
Marx's analysis of capitalism exposed inherent labour exploitation, advocating for its
overthrow. This sparked fear among conservatives and capitalists, leading to the
acceptance of labour laws as alternatives to revolutionary upheaval. The rise of
socialist and communist parties worldwide furthered the push for progressive labour
laws.
Growth of Humanitarian Ideas and Social Welfare:
Humanitarian efforts by figures like Hume, Place, Shaftesbury, and others played a
crucial role in early labour legislation, such as the early Factories Acts. Studies in
Sociology, Psychology, and Anthropology debunked the idea of a natural elite,
propelling social reform, change, justice, and labour legislation forward.
Establishment of the I.L.O.:
The International Labour Organization (I.L.O.) formed in 1919 had a profound
impact on global labour legislation. Its principle that "labour is not a commodity" and
the idea that "Poverty anywhere constitutes a danger to prosperity everywhere"
influenced labour laws worldwide. The I.L.O. continuously investigates workers'
conditions, proposes legislation, and adopts Conventions and Recommendations,
striving for international labour standards within the world's diverse economic
landscape.
The I.L.O., through its Conventions and Recommendations, establishes international
minimum labour standards known as the International Labour Code. These cover a
wide range of topics including wages, work hours, holidays with pay, minimum
employment age, medical care, maternity protection, industrial health, safety and
welfare, social security, freedom of association, right to organize and bargain
collectively, employment conditions of seamen, and unemployment.