History of Labour Law

Earliest labour law

When we consider about remote past most varied parts of the world, European writers, Asian scholars, Latin American authors tried to emphasize the importance of properly formed labour laws. None of these can be regarded as more than an expectation and had limited influence to the development. Industrial labour law born due to the industrial revolution of 18^th century and onwards. It developed rather slowly, chiefly in the more industrialized countries of Western Europe, during the 19^th century and attained its present importance, relative maturity and worldwide acceptance only during the 20^th century.

Regularizing labour and the industrial revolution

1802- First landmark of modern labour law was the British Health and Morals of Apprentices act of 1802, sponsored by the elder Sir Robert Peel.

1815 - Protection of young was adopted in Zurich in 1815 and France in 1841.

1848 – The first legal limitation of the working hours of adults was adopted by the Landsgemeinde (citizen’s assembly) of the Swiss canton of Glarus

1883-1884 – Sickness insurance and workmen’s compensation.

1890 - Compulsory arbitration in industrial dispute was introduced in New Zealand

The progress of the labour legislation outside the western Europe, Australia , New Zealand t was slow until after World War 1.

1917 – There was no labour legislation in Russia prior to the October  Revolution of 1917.

1881 - In India children between 7 – 12 years limited to 9 hours  of work per day.

1911 – In india Adult males in textile mills can work upto 10 hours per day.

1922- Factory Act to give effect to conventions adopted at the first session of International Labour Conference at Washington.

Countries like Japan, Latin America , Africa focused on labour legislations in 19^th century.

North America , the trend became general only with the impact of the great depression. In Africa the progress of labour legislation became significant only from the 1940s onwards .

In Sri Lanka the history of state intervention in industrial relations through law commences from 1832 with the ‘Colebrook - Cameron’ reforms and the growth of coffee and especially tea plantation industry in Sri Lanka. Prior to that, there was no employer – employee relationship. The necessity of cheap, mobile and unskilled workers for the successful  operation of plantation, combined with the labour crisis of 1846, resulted in laws being introduced to promote State-sponsored immigration from South India. This caused in the development of the country’s first controlled labour force.

In the view of the growing labour unrest during the early years of the Second World War, along with  the expansion of the regimented workforce, as a result of the State and the private sector turning out to be employment generators, it became necessary for the government to introduce an industrialized relation framework. As a result in 1950 the government introduced Industrial Disputes Act and eventually they introduced Labour Tribunals.

Our current labour laws regime is essentially what existed prior to 1977 when our industry was heavily protected through stringent import substitutiom measures. Although the open economy was introduced after 1977 leaving behind those stagnant inward  oriented economic policies of the past, our lbour laws have remained largerly unchanged.

Due to political changes, rapid development, expansion of world scale, difficult to predict future, it is important to have flexible labour laws.