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.

Behavioral Approach

Behavioral Approach introduced in early 1950s and this approach is an extension of Human Relation Approach. Behavioral approach considers man as complex. The approach helps effective Managers to understand that no two people are exactly alike and find motivational approaches to different individual needs, view organization from an individual and employee point of view and concentrate on individual attitudes, behaviors and group processes. Other than that features of Human Relation Approach also include to this approach.


Principles of Behavioral Approach 

• Organisations are socio-technical systems. The management must integrate both the systems.
• Work and interpersonal behaviour of people in the organisation is influenced by many factors.
• Employees are motivated not only by physiological needs but also by social and psychological needs.
• Different people have different perceptions, attitudes, needs and values. These differences must be found out and recognised by management.
• In an organisation conflicts are unavoidable.
• Personal goals and Organisational goals must be joined together.

(Reference : kalyan_city.blogspot.com)

Neo-Classical Approach

Classical approach did not give importance to the human aspects of employees and it did not achieved expected level of productivity. There was not effective cooperation between Manager and employee.Neo-Classical Approach arrived to fill the gaps in classical approach. basically following approaches are contained to neo-classical approach.

• Human Relation Approach
• Human Behavioral Approach
• Contingency Theory

Human Relation Approach
         Elton Mayo is the founder of Human Relation movement and can be introduced as the father of modern Human Resource Management.According to Mayo's Howthron study he found that, to achieve organizational goals and objectives , the organization should consider about employee's emotions, satisfaction of non-monitory needs and sense of recognition etc. He mainly considered about the concept of ' Social man '. Elton Mayo believed financial benefits are not the only motivator. He found that,

 - Individuals motivate by social needs and job satisfaction and respond to group work more than force to do work by management control activities.
 - Organizations are cooperative social systems.
 - Satisfy psychological needs should be preliminary concern of the management.
 - Informal work groups can have a considerable effect on productivity.
 - Employees consider about satisfying their need more than giving monitory benefits.

According to his experiments Elton Mayo found that,

 - Social bonds within work groups are so strong more than individual monitory rewarding.
 - The working groups can be powerful driving force to achieve organizational goals if they see by working        towards organizational goals fulfill their individual goals.
 - output of the product line is based on informal groups. If one member feels he is working extraordinary then      he ll follow his other members.


The view of this approach is,

" If you treat people as they are, they will stay as they are ; If you treat people what they ought to be, they will become bigger and better person. "

Principles of Human Relation Approach

• Human beings are not interested only in financial gains. They also need recognition and appreciation.
• Workers are human beings. So they must be treated like human beings and not like machines. Managers should try to understand the feelings and emotions of the workers.
• An organisation works not only through formal relations, but also through informal relations. Therefore, managers should encourage informal relations in the organisation along with formal relations.
• Workers need a high degree of job security and job satisfaction. Therefore, management should give job security and job satisfaction to the workers.
• Workers want good communication from the managers. Therefore, managers should communicate effectively without feelings of ego and superiority complex.
• In any organisation, members do not like conflicts and misunderstandings. Therefore, managers should try to stop conflicts and misunderstandings among the members of the organisation.
• Workers want freedom. They do not want strict supervision. Therefore, managers should avoid strict supervision and control over the workers.
• Employees would like to participate in decision making, especially, in those matters affecting their interests. Therefore, management must encourage workers' participation in management. This will increase productivity and job satisfaction.

(reference : kalyan_city.blogspot.com)