EVOLUTION OF LABOUR LAW
ABSTRACT:
The labour laws have transformed from time to time since the time of Industrialization and the end of World War II. The workers were not fairly treated by their employers and their safety used to be at risk all the time because of the lack of awareness. The trade unions which were established during that time, started raising the issues of workers and the voice of those activists started getting noticed by the governments. As time evolved, several new forms of employment started getting recognition, breaking the rules of traditional employment. The new trends allowed people to start their independent work and do freelancing work. This gave rise to the gig economy as well, as the demand for gig workers is increasing day-by-day. Gig workers get flexible working hours and the money they get paid is also based on the work they do. Labour laws provided several rights and protection to the traditional workers which got appreciated by society but since the inception of the Gig economy, the laws have still not been made to give them equal rights. The article below focuses on the evolution and changes that happened in labour laws.
INTRODUCTION:
The relationship between the employer and workers changed with the dynamics of societies and the economic structure of the world. The Industrial Revolution played a huge role in shaping the current scenario of the existing Labour Laws and equality in the world and certain shifts occurred in the methods of production during the times. The harsh treatment of employers towards their workers during the 19th Century led to the rise of the labour rights movements throughout the world. The labourers were getting very low wages in response to working overtime in unsafe workplaces. The protests were on the rise and the demand for fair treatment reached the ears of the Governments around the World.
The United Kingdom government was the first to work on it in the early 1800s. They made laws that regulated the working conditions for the labourers and the working hours also got fixed for women and children. The government began to intervene in the employment of women and children, as well as the working hours of workers in factories and mines, in the 1880s.1 With time, several trade unions were established to give voice to the demands of the labourers. Industrialization also progressed at that time and labourers got the right to negotiate for better wages and adequate working conditions. These activities got recognition from the Governments and appropriate laws were made to make both ends meet.
CONTENT:
The World saw significant changes and welfare in terms of Labour’s working conditions and demands during the first half of the 20th century. Many countries understood the importance of relation between an employer and an employee and to create a balance between the two, it was important to ensure that a worker has a decent standard of living and also have a sense of security. The origins of labour law can be traced back to the remote past and the most varied parts of the world.2 Safety at the workplace and unemployment benefits were given to the workers as the scope of the Labour laws was expanded with time. The activists put forth several demands after the end of World War II for labour and human rights. The biggest accomplishment was the founding of the International Labour Organization (ILO) in 1919. The International Labour Organization (ILO) is a United Nations agency whose mandate is to advance social and economic justice by setting international labour standards.3
The International Labour Organization has been playing a crucial role in promoting fair practices across borders concerning labour. Labour laws have been an international concern and organizations like these play a crucial role in managing the laws. The organization got international recognition and several countries looked at it like a revolution for Labour laws. Several laws were implemented throughout the world because of the suggestions by the ILO. Anti-discrimination towards labourers based on their religion, gender, and race was noticed in the second half of the 20th century. Demands for equal opportunity were raised which led to the introduction of Affirmative Action Programs to promote diversity and end inequalities.
As the companies started to indulge in business with other countries, the borders were not limited to anything. The standard of work saw dignified changes and that led to several changes in the labour laws as well. A series of acts were passed on from then addressing the plights of the workers, their safety, compensations, working hours and health.4 Rapid technological advancements were brought in this field during the late 20th Century and early 21st century which changed the work structures of the society. From time to time, the laws need to change themselves and adapt to the new requirements, similar incidents happened with the labour laws when telecommunication and gig works spread their scope. The gig works are still not clarified everywhere in terms of laws and rights. The traditional employment methods were difficult to amend as well. The new technological era came with its share of pros and cons, the need for environmental sustainability has grown and the need for qualified labourers for that is also in demand. Labour laws have seen certain changes due to that and the field saw a broader understanding of the economic, social, and environmental factors related to it. To increase awareness of the climatic environment and the social responsibilities of people towards it, Labour laws are adapting measures to promote sustainability.
The Companies are expected to focus on ecological practices whenever they make any decision related to their future projects. Employers are expected to make environment-friendly decisions so that they do not create any harm to the climate. The labour laws have also been focusing on the sustainability part of the environment. Businesses are adopting such practices to ensure that they do not face the consequences of the laws in the future. The creation of green jobs is on the rise due to this and sustainable business models are spreading.
When technology was experiencing its rise, new forms of employment started getting preferences from the people which included the necessity of the gig economy and part-time work including freelancing jobs. The modern market accepted the changes and with that, unique challenges were noticed by everyone. The new era also included the use of Artificial Intelligence and new-age automation. The future of Labour law will see a lot of immediate and adequate changes to meet the new demands of the market and the employees. Policymakers have a long way to go while dealing with it. The new age companies prefer productivity over long hours shifts. In these circumstances, the need for work-life balance for workers is considered very necessary. Paid leaves and flexible working hours have been introduced to deal with this. These changes give satisfaction to the employees which makes it easier for them to adapt to new working environments. The focus has also been shifted towards the mental health of the workers as that impacts the vibe of the workplace. The taboos of the older times are discussed openly in the current times, and therefore, the psychological well-being of an employee is very important for companies. Some employers organise several fun activities within the offices to balance the problems and enjoyments. The focus of the companies remains to manage the mental health of the workers. It has also been seen that certain companies have a specific position of a doctor who looks after the health of the workers. Labour laws have also accommodated the provisions of mental health to promote a healthy environment in the workplace.
Some corporations try to include employees while making some important decisions regarding the future deals of the company. These acts are implemented to empower the employees and make them feel included. The management tries to shape the overall environment of the office and recognize the importance of employees. These acts also work to eliminate the discrimination of the labourers. When all the members are so much involved towards the growth, the chances of harassment also decrease as everyone holds the power to speak and act accordingly. Fair opportunities are provided to all so that diversity is maintained and everyone gets equal opportunities. The companies also work to ensure the privacy of the labourers as the labour laws focus heavily on that. Data protection and electronic surveillance are regulated to ensure that the rights of labourers are not infringed. Corporates also promote and take part in Corporate Social Responsibility (CSR) which promotes humanitarian works and also provides fair sustainability and labour practices. This trend helps corporates to take part in societal charity and social work. Through CSR programs, philanthropy, and volunteer efforts, businesses can benefit society while boosting their brands.5
The companies demand certain skill sets from their employees according to the necessity of the companies. And to be regular with that, employees study and learn new skills with time so that their position in a company remains intact. Labour laws also encourage employers to invest money and time to make their employees understand new skills and remain updated on the changes in the market. Employers organise training programs for the employees to cope with the changes and be ready for the new challenges as fundamental components of services. These programmes provide the opportunity to upskill the workers and adapt to new requirements. These activities also encourage employers to face new challenges related to technological advancements. If a company lags in changes, automation and artificial intelligence may eat the jobs with their technology. Only a skilled human can challenge the credibility of an artificial intelligence and that is why such initiatives are important. Otherwise, the jobs for humans shall become a concerning topic. Labour laws play a vital role in such scenarios to safeguard jobs so that economic imbalance does not take place.
The COVID-19 pandemic played a crucial role and made a sudden impact on traditional jobs worldwide. The pandemic broke the myth and converted most of the jobs into remote mode. While living in Lockdown, the world had no other option than to work from home and accommodate the situation. Labour laws included the recognition of remote work. The pandemic opened a whole new debate about remote work and traditional work as these situations blurred the line between professional life and personal life. The hybrid has prevailed since then and there have been instances where the companies granted the freedom to their employees to choose to work from home if they do not want to come to the office. This ensures the flexibility of time for the workers. The offices had clearly stated guidelines for the conditions for the employees working from home. Due to living and working completely from home, the employees started spending more time using the Internet and Social media which led to some sort of disciplinary actions. Social Media’s importance in work-life has been mentioned in the Labour laws. An employee’s freedom of expression must be acknowledged and prevent harm to his/her reputation through the employer. The balance should be maintained and the regulations between the employer and the employee must be addressed properly.
The other problem that arises out of everywhere is discrimination among workers of different ages. As explained above, new skills are required to stay relevant in current working environments. An unskilled employee is one who does operations that involve the performance of simple duties, which require the experience of little of no independent judgment or previous experience although familiarity with the occupational environment is necessary.6 Older workers feel discomfort in learning new skills. Employers tend to hire young people so that they can work tirelessly and learn new things at a given time which is comparatively tougher for older workers.
This leads to discrimination and there are regulations to promote inclusivity so that the hiring process remains unbiased. Labour Laws have special provisions for early or flexible retirement options which becomes important for older age workers. The new-age workers look for freelance work and independent contractor work. To ensure fair treatment in, the labour laws have provisions to safeguard them from exploitation and fair payment practices.
Arguably, the biggest change that has occurred in these times is the introduction of Gig economy and gig workers. The flexibility that gig workers have, is something which is in high demand. The gig economy has disrupted the market and the labour laws are still not correctly amended to justify the new trend. Labour laws provide job security, minimum wages, health insurance and several other benefits to its employees, however, there are no specific benefits allotted to the gig workers because their jobs are not fixed and that is why there has been a lack of employment benefits related to this. Digital platforms also play a huge role in giving employment to gig workers because the work is similar in certain ways.
CONCLUSION:
The struggles for workers’ rights led to the evolution of Labour laws and several trade unions were established to raise the voice of the labourers so that they could demand the needful treatment for them. The evolution of labour laws has been a dynamic process which shaped the working class throughout the world. The labour laws impacted economic developments and led to several changes within the society. The ongoing laws also reflect the changes within the society and technological aspects of the laws. The evolution of labour laws dignified the diversity in the workplace and provided a sense of security and belongingness to the workers and also dignified their lives through minimum wages and revolutionizing the workplace environment. That led to minimising the societal norms and workplace rules. The United Kingdom government understood it at the earliest and made significant laws to make the lives better for workers, the policymakers understood the need and worked on it.
The laws changed the dynamics of relations between the employers and the employees. The laws keep on getting, amended from time to time to stay effective and relevant with the changing times. Labour laws provide health security, income security, and skill development initiatives which help the workers in several ways.
As time proceeded, several important and different perspectives came different ideas were recognized by the governments and adequate changes were made in the laws to meet the requirements. Digital changes created a huge impact on the labour laws and the gig economy is still not clearly touched upon and therefore that creates a certain sense of unrest within the gig workers as the same rights are not completely given to them. The digital era created certain issues for lawmakers to make relevant and adequate laws, freelancing also started getting lots of recognition from society and that transformed the laws. Labour laws have been adaptive to the changes and trends and it has been establishing the needful requirements of the workers. The labour laws focused on climatic changes, Corporate Social Responsibility, cybersecurity and the balance of age groups. The 21st century saw excessive changes in the working class of the society and that became a reason for adding several new laws completely focusing on the digital era and workplace environments.
SUGGESTION:
Labour laws have been very adaptive since the beginning and always focused on providing good laws for the workers. However, in the case of the Gig economy, adequate laws have still not been made. The gig workers put their whole efforts into working for the organization but in return, they do not get the same rights as the traditional workers. Gig workers gain flexibility and independence but little or no job security.7
This action leads to a sense of insecurity among the gig workers and they fear making bold decisions concerning their careers and jobs as they remain uncertain about the protection from the laws. If governments throughout the world, acknowledge their hard work and give them similar rights, then the economy will grow and people will start taking risks to bring a bigger return on investments.
The Legal frameworks need to be revisited to check whether all the workers in the country get the appropriate treatment by the law or not. This activity should be done regularly to ensure that everybody gets fair treatment.
The level of transparency should be increased in the corporations so that the employees should get to know about the decisions that are taken by the authorities. The provisions should be revisited from time to time so that the employees get to know their accurate rights and protection from the law. This will result in a decrease in unethical practices within the domain of a company and will provide safety from harassment.