Labour law facts for kids
Labour laws are rules that help manage the relationship between workers, their bosses, trade unions (groups of workers), and the government. These laws make sure everyone is treated fairly in the workplace.
There are two main types of labour laws:
- Collective labour law looks at the relationship between employees, employers, and unions. It's about how groups of workers work together.
- Individual labour law focuses on the rights of a single employee at work, often through their work contract.
These laws also set "employment standards," which are the basic rules for how people should be allowed to work. Government groups help make sure these laws are followed.
Contents
History of Labour Laws
Long ago, even in ancient times, there were some rules about work. For example, in ancient Mesopotamia, around 2300 BC, there were rules about how much a shipbuilder should be paid. The Code of Hammurabi (around 1750 BC) even set specific wages for building ships and rates for ferry services.
In ancient Rome, there were groups called collegia. These were like early associations or clubs, sometimes for workers like shipbuilders. They needed approval from the government to be official.
Modern labour laws really started to grow during the Industrial Revolution. This was a time when factories became very common, and many people moved from small workshops to large factories. Workers often faced terrible conditions, like long hours and unsafe workplaces. They wanted better treatment and the right to join a labour union to speak up for themselves. Employers, on the other hand, wanted a workforce that was easy to manage and not too expensive. Labour laws became a way to balance these different needs.
England was the first country to industrialize, so it was also the first to see how bad working conditions could get without rules. Over time, people like Anthony Ashley-Cooper, 7th Earl of Shaftesbury pushed for changes.
Protecting Child Workers
One of the biggest problems during the Industrial Revolution was child labour. Many children, some very young, worked in dangerous factories for long hours.
In 1784, a serious illness spread in cotton mills near Manchester, England. This made people realize how dangerous conditions were for children. In 1802, the first important labour law was passed in England: the Health and Morals of Apprentices Act 1802. This law was a small step, but it was important. It limited working hours for young apprentices to twelve a day and stopped night work. It also said that apprentices should get some basic education, proper beds, and clothes.
As factories grew, more children were employed, and people became more aware of their terrible conditions. The Cotton Mills and Factories Act 1819 stopped children under nine from working and limited hours to twelve a day. A huge step forward was the Factories Act 1833. This law limited work for anyone under eighteen, banned all night work for them, and, very importantly, created inspectors to make sure the laws were followed. This meant there was an independent group checking workplaces and making sure rules were kept.
Later, a long campaign led by Shaftesbury helped pass the Factory Act 1847. This law limited the working hours for women and children in British factories to about 10 hours a day.
Improving Working Conditions
After focusing on child labour, people started looking at working conditions for all workers. By 1850, it became mandatory to report serious accidents. Basic safety rules for mines were put in place from 1855, covering things like ventilation and proper equipment.
By the end of the 1800s, England had many rules for all industries to protect workers. Other industrial countries also started to create similar laws.
Individual Labour Law
Individual labour law deals with the rights and duties of a single worker and their employer.
Work Contracts
In most countries, the relationship between a worker and an employer is set out in a contract of employment. This contract explains what the worker will do and what the employer will provide.
For example, in the United States, many state laws allow "at-will employment." This means an employer can fire an employee for almost any reason (as long as it's not illegal, like discrimination), and an employee can quit at any time for any reason.
Employers need to know if a worker is an "employee" or an "independent contractor." Employees are usually given tools, supervised closely, and paid regularly. They are expected to act in the company's best interest.
Many countries require employers to give workers a written document explaining the main terms of their job. This helps workers know what to expect. It includes things like:
- How much they will be paid.
- Rights for holidays and sick days.
- How much notice they will get if they are fired.
- Their job description.
Work contracts must follow the law. An employer cannot offer a contract that pays less than the minimum wage. Also, an employer cannot fire someone for illegal reasons, even if the contract says they can.
Minimum Wage
Many places have a minimum wage, which is the lowest amount a worker can be paid per hour. Countries like Australia, Canada, France, Germany, Japan, the UK, and the US have minimum wage laws. This wage is usually higher than what the market might pay, acting as a safety net.
The US introduced its first national minimum wage law in 1938. Other countries followed, like Brazil in 1940 and India in 1948.
Living Wage
A living wage is usually higher than the minimum wage. It's designed so that a full-time worker can earn enough to support themselves and a small family.
Working Hours
Laws in many countries set the maximum number of hours a person can work per day or week. These laws also say if workers should get extra pay for working longer hours (overtime).
Before the Industrial Revolution, people worked 11 to 14 hours a day. With factories, hours often became even longer, sometimes up to 16 hours. The "eight-hour movement" pushed for shorter days. England passed the first law about working hours in 1833, limiting miners to 12 hours and children to 8 hours. The 10-hour day became common by 1848.
In Germany, Chancellor Otto von Bismarck introduced health insurance for workers in 1883 and accident insurance in 1884. He also brought in old-age pensions and disability insurance. These were some of the first social security programs.
France passed its first labour law in 1841, limiting hours for underage miners. Later, in 1936, France introduced 12 days of paid vacations each year and limited the standard workweek to 40 hours.
Health and Safety
Other labour laws focus on keeping workers safe and healthy. The very first English factory law in 1802 was about the safety and health of child workers in textile factories.
Discrimination
Laws against discrimination stop employers from treating workers unfairly because of their race, gender, religion, age, or other protected characteristics.
Dismissal (Getting Fired)
Many laws protect workers from being fired without a good reason. For example, the International Labour Organization says that an employee "can't be fired without any legitimate motive" and should have a chance to explain themselves.
Child Labour Today
For most of history, child labour was common. It only became seen as a problem when people started thinking about universal education and children's rights. In the past, many children worked in factories and mines.
Today, child labour is still a problem in some parts of the world, but it's less common in big factories. Instead, it often happens in the "informal sector," like children selling things on the street, working in agriculture, or doing hidden jobs in homes. These jobs are often far from official inspectors.
Collective Labour Law
Collective labour law looks at the relationship between employers, employees, and trade unions.
Trade Unions
Trade unions are groups of workers who join together to protect their interests. They talk to employers on behalf of their members, a process called collective bargaining. They work to improve wages, benefits, and working conditions.
Laws often set rules for how unions are formed and how they operate. Some laws protect a worker's right to join a union, while others might limit what unions can do, like requiring a vote before a strike.
Workplace Participation
In many developed countries, workers have a legal right to be involved in how their workplace is managed. For example, in some European Union countries like Germany and Sweden, workers can elect representatives to sit on the board of directors of large companies. This is called "codetermination."
Collective Action
Strike action is when workers stop working to protest and demand better conditions. In most countries, strikes are legal, but there are usually rules about how they must be organized. For example, a strike might need to be approved by a vote of union members.
Other ways workers can take action include:
- A boycott, which is refusing to buy or sell from a business.
- A "go-slow," where workers intentionally work slower.
- "Work-to-rule," where workers follow every rule exactly, which can slow things down.
- A "sit-in," where workers occupy their workplace.
Picketing is when striking workers gather near their workplace to show their protest and encourage others not to cross the picket line. Laws often limit where and how picketing can happen to prevent obstruction.
International Labour Law
Because businesses operate all over the world, there are also international labour laws. The idea is to make sure that companies don't just move to countries with very low labour standards to save money.
International Labour Organization (ILO)
After World War I, the International Labour Organization (ILO) was created. Its main idea is that "labour is not a commodity" (meaning workers are not just things to be bought and sold). The ILO creates international rules called "Conventions" that countries can choose to adopt.
Some of the most important ILO Conventions cover:
- The freedom to join a union and bargain collectively.
- The end of forced labour.
- The end of child labour (before the end of compulsory school).
- No discrimination at work.
Even if a country hasn't officially signed a Convention, they are expected to follow these core principles. The ILO tries to encourage countries to follow these rules by reporting on their progress.
National Labour Laws
Each country has its own specific labour laws. Here are a few examples:
Australia
Australia's workplaces are regulated by the Fair Work Act 2009. It sets the minimum wage and workplace conditions, overseen by the Fair Work Commission.
Canada
In Canada, "labour law" usually means rules for workplaces with unions, while "employment law" is for non-unionized workers.
China
China's main labour laws are the Labour Law of People's Republic of China (1994) and the Labour Contract Law of the People's Republic of China (2008). The government-controlled All China Federation of Trade Unions is the only legal union.
France
France has a long history of labour laws. In 1936, workers gained 12 days of paid vacation and a 40-hour workweek. In 2000, the workweek was reduced to 35 hours.
India
India has many labour laws at both national and state levels. The Constitution of India includes rights like equality before the law, no discrimination, the right to form unions, and a ban on forced labour and child labour under 14 in dangerous jobs. It also aims for a "right to work" and "just and human conditions of work."
United Kingdom
The UK's first labour laws were the Factory Acts, starting in 1802. Since the 1960s, laws have expanded greatly, especially for equality. Key changes include:
- The Equal Pay Act 1970 to ensure equal pay for women.
- Improved maternity and paternity rights.
- A National Minimum Wage.
- The Working Time Regulations, which cover working hours, rest breaks, and paid holidays.
- Stronger laws against discrimination based on age, religion, sexual orientation, gender, race, and disability.
United States
The Fair Labor Standards Act of 1938 set the standard workweek at 44 hours, later reduced to 40 hours in 1950. The US Constitution also protects workers from discrimination by the government. Laws like the Civil Rights Act of 1964 stop private employers from discriminating based on race, religion, sex, or national origin.
The National Labor Relations Act (1935) gives workers the right to form unions and bargain collectively. The Age Discrimination in Employment Act of 1967 protects workers aged 40 or older from age discrimination.
Jewish Religious Law (Halakha)
Even in ancient Jewish law (Halakha), there were rules about work. The Bible mentions laws against delayed wages and a worker's right to eat from the employer's crops. Later Jewish texts discussed more details about employment, including the idea of following local customs for work rules. Modern Jewish law has also looked at questions about trade unions and the right to strike.
Images for kids
-
The interior of one of the Eaton's factories in Toronto, Canada
-
As one of the only international organizations with real enforcement power through trade sanctions, the WTO has been the target for calls by labour lawyers to incorporate global standards of the International Labour Organization.
-
An American builder
