Page 37 - DCOM207_LABOUR_LAWS

Labour Laws

Notes world was an era of unbridled individualism, freedom of contract and the laissez-faire, and was
characterised by excessive hours of work, employment of young children under very unhygienic
and unhealthy conditions, payment of low-wages and other excesses. Naturally, such excesses
could not have continued for long without protest and without demand for reforms. The early
Factories Acts flowed from these excesses and manifested the desire of the community in general
to protect its weaker section against exploitation. The workers had very little legal protection
available. Therefore, it can be safely said that the labour legislations are the natural children of
industrial revolution.

Impact of Contemporary Events

The impacts of contemporary events are as follows:

l z Along with Industrial Revolution, Revolutionary thinking of Rousseau, J.S. Mill, the French
Revolution, Hegel, Marx & Engels and Russian Revolution greatly influenced the thought
processes and hastened the pace of labour jurisprudence.

l z The world wars made it possible for the labourers to realise their importance that unless
they produce, it will be difficult for warring nations to win. Therefore, they must stake their
claims for better quality of work life.
l z The revolution in science, technology, the communication and telecommunication also
helped in bringing the world, closer. It became easier for the working classes of the
underdeveloped world to know the better conditions of service of their counterparts in the
developed world.

The Growth of Trade Unionism

The Trade Union movement, which itself springs from industrial revolution has been another
factor which has quickened the growth of labour legislations. On the one hand, their demands
for protection of the interests of the working class led to legislations in the field of wages, hours
of work, women’s compensation, social security and other areas; on the other hand, their growth
necessitated legislations for the regulation of industrial disputes, their prevention and settlement
and trade union rights and privileges. Trade unions have been as much conditioned by labour
legislations as they have conditioned them.

Growth of Political Freedom and Extension of Franchise

Gradual extension and adoption of universal adult suffrage placed in the hands of the working
class, a powerful instrument to influence the cause of state policy. Their representatives started
espousing the cause of labour and getting progressive legislations passed. The workers used
their political powers for betterment and amelioration of their lots.

Rise of Socialist and other Revolutionary Ideas

In his analysis of capitalism, Marx showed that the exploitation of labour was inherent in the
capitalist economic system. Therefore, he advocated the overthrow of capitalist system. The
echo of the slogan, “the workers of the world unite, you have nothing to lose but your chains”,
reverberating throughout the capitalist world, sent a shudder among the conservative and
capitalist circles to which ameliorative and protective labour legislations came as safe alternatives.
They readily grasped labour legislations as antidote to the spread’ of revolutionary ideas. The
Fabian Society of England, the establishment of socialist and communist parties in many countries
and first and second internationals strengthened the trend for progressive labour legislations.

32 LOVELY PROFESSIONAL UNIVERSITY