International Journal of Innovative Research in Engineering and Management (IJIREM)

ISSN: 2350-0557, Volume-9, Special Issue-1, Jannuary-2022

Young Researchers’ Conference on Indian Literatures, 2022
Organized by Presidency University, Bangalore, India

Labour Laws: Concept, Origin, Objectives and

Classification
Shreya,
Assistant Professor, Department of Law, Presidency University, Bangalore, India,
Email Id-shreya@presidencyuniversity.in

ABSTRACT:
The rights and obligations of employers and workers at work are governed by a set of legal rules known as labour
laws. An overview of the idea, history, goals, and categorization of labour laws is given in this abstract. In response
to the necessity to safeguard employees' rights and interests in the face of industrialization and contemporary
employment practices, the notion of labour laws was developed. With the help of these regulations, businesses and
workers should be treated fairly and have safe working conditions in addition to receiving fair pay. The goals of
labour legislation are several. They aim to safeguard employees against exploitation, advance social justice, and
improve the effectiveness of the labour market. Additionally, collective bargaining is made easier, industrial
tranquilly is encouraged, and the employer-employee relationship is regulated by labour regulations. Labour laws
promote social welfare and economic growth by establishing standards for employment practices.
KEYWORDS:
Economic Development, Employment Agreements, Industrialization, Labour Laws.
I. INTRODUCTION
Several categories may be used to group labour legislation. These laws include things like minimum pay, working
hours, occupational health and safety, equal opportunity and non-discrimination, dismissal from a job, and rights
to collective bargaining. These divisions provide a framework for addressing different facets of the employment
relationship and securing employees' rights and welfare. The interaction between employers and workers at work
is governed by a system of legal rules and safeguards known as labour laws. These rules lay forth the obligations
and rights of each party and provide a foundation for treating everyone fairly and equally in the workplace. They
address a range of topics related to the employment relationship, including compensation, working conditions,
employment agreements, workplace safety, non-discrimination, layoffs, and collective bargaining [1]–[3].
Origin of Labour Laws
Labour laws have their roots in the Industrial Revolution, a time when industrialization and the organisation of
labour underwent enormous changes. During this period, there was social discontent as a result of the difficult
working conditions, long hours, poor pay, and exploitation of employees, and labour groups began to arise.
Governments adopted legislation to safeguard employees' rights and improve working conditions in reaction to
these problems, giving birth to contemporary labour laws.
Labour laws have several key objectives:
Workers' basic rights, such as the right to a living wage, secure working conditions, freedom from harassment and
discrimination, and the ability to organise and engage in collective bargaining, are protected by labour laws.
Ensuring Social Justice: These laws aim to create a power balance between employers and workers, preventing
worker exploitation and promoting social justice in the workplace.
Economic Development: Fair employment practises established by labour regulations help to maintain productive
workplaces and boost economic development. They level the playing field for companies and promote an
atmosphere that is favourable to investment.

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Upholding Industrial Peace: Labour laws seek to avoid and settle labour disputes, encourage collaboration
between companies and workers, and maintain a positive workplace culture. They provide procedures for settling
disputes via mediation, arbitration, or conciliation.
Classification of Labour Laws
Depending on their purpose and subject matter, labour laws may be divided into a number of categories. Typical
classifications comprise:
These regulations deal with the responsibilities and rights of particular employers and workers. They include rules
governing employment agreements, pay, hours worked, leave, workplace health and safety, and dismissal. Laws
governing collective rights and activities of employees, such as the right to organise into unions, participate in
collective bargaining, and take part in industrial action like strikes or lockouts, are known as collective labour laws.
Employers' and workers' interests are meant to be balanced at the collective level by collective labour regulations.
These regulations guarantee that employees have access to social security benefits such retirement pensions,
disability payments, unemployment insurance, and health insurance. They provide a safety net to shield employees
and their families in difficult times. Anti-discrimination laws prohibit discrimination on the basis of protected
characteristics such gender, race, religion, age, and handicap. They advocate for equality of opportunity and respect
in the workplace.
Laws Concerning the Enforcement and Compliance with Labour regulations: These laws set up systems for
implementing labour regulations, such as inspection, fines for non-compliance, and dispute settlement. It's vital to
remember that various nations and legal systems may have varied classifications and coverage for employment
regulations. Each jurisdiction may have particular laws and rules that are a reflection of the social, economic, and
political environment inside.
II. DISCUSSION
We discussed the connection between labour laws, IR, and HRM in the previous unit. The need for improved
working conditions, the right to organise, and employer demands to limit employee rights in many organisations
and keep labour costs down led to the development of labour law. When employees band together to demand better
pay, or when laws impose expensive requirements like equal opportunity or health and safety standards, employers'
expenses may rise [4]–[6].
Trade unions and other worker organisations have the potential to become political forces, which some employers
may find objectionable. Therefore, the condition of labour legislation at any one moment is both a result of and an
element of conflicts between various interests in society. This unit's goal is to help the pupils understand
fundamental phrases. You should be able to comprehend a variety of ideas related to the concept, origin, goals, and
categorization of labour legislation by the conclusion of this unit.
The Concept of Labour Legislations
Institutions develop throughout time to fill any void that changes may cause. The Industrial Revolution was a
watershed moment that transformed civilization from an agrarian and pastoral to an industrial and materialistic one.
The industrial society left behind excessive working class exploitation on the part of the employer, who took
advantage of each employee's particular disposability and sought the most return on his investment. They have the
authority to "hire and fire" people because to the maxim of capitalism that "Risk and Right" go together.
Other legal ideas at that time were those of Master and Servant, carrot and stick, etc. The common law doctrine
was in effect. The terms of the contract, which were mostly verbal and largely employed in situations of violations,
which resulted in prosecution and incarceration of employees, used to control the relationship between the worker
and the employer in which a one-on-one agreement was made. Another piece of legislation that helped create the
"Indentured labour system" was the work and Migration Act. Anti-combination laws were ambiguous and treated
the "combination" of employees as a criminal conspiracy. Longer hours of labour, pitifully low pay, no safety or
welfare measures, and no insurancethis is widespread exploitation. Employers mistreated employees when the state
was implementing the laissez-faire (let not meddle) doctrine, taking advantage of the circumstance.

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Every civilization, as it advances, updates, renews, and reinvents its legal system and civilised ways of life. The
industrial revolution brought about some changes, and it was up to society to fill in the gaps that were left behind.
To fill up the gaps, society turned to specific social tools, such as labour law. The Industrial Revolution gave birth
to the labour laws, which were developed to address the aberrations it caused. They vary from common laws since
they are intended to treat unique illnesses brought on by particular situations. As a result, their attitude, philosophy,
and notion are particular rather than broad.
The Main Ingredients of Labour Legislations
Individuals are regarded as employees under labour law, although he is regarded as a citizen under general law.
The tenets of social justice have a stronger effect on work laws than those of general justice. Workers are the weaker
class in industrial society and have been victimised by bosses for a very long time. As a result, these laws do nothing
to safeguard employees or ensure their legal rights. They clearly reflect the effects of "discriminative justice and
distributive justice." Because they were intentionally created that way, all labour laws are substantially pro-labor.
Problems resulting from a person's profession are addressed by labour law. As a result, issues like working hours,
pay, working conditions, unions, industrial conflicts, etc. become the primary focus of labour laws. As with other
laws, the purpose of labour law is to influence the conduct of the person or his groups. However, the person is
impacted whether they are a worker or an employer under labour law. Therefore, those who are neither employers
nor employees are those who are most directly impacted by labour laws. A few instances are needed in order to
clearly illustrate the topic [7]–[9].
Laws governing working conditions, such as those governing factories, wage payment, workers' compensation, and
the employment of women and children, have an impact on both employees and employers. On the other hand, he
is impacted as a citizen by laws governing property ownership, marriage, and taxes distinct laws are created to
regulate the various roles that people must play since they have distinct responsibilities. Whether a piece of law
comes under the heading of social legislation, labour legislation, or general legislation is determined by the role-
relation. All of these laws attempt to achieve the particular goals of their different target populations, namely:
1. To ensure sustenance,
2. To pursue plenty,
3. To promote equality, and
4. To uphold security.
Due to the fact that labour laws are intended to control working conditions, they must be updated to reflect the
changing demands of business. In contrast to normal law, where modifications are not as quick, this must be done
more regularly. Labour laws become out-of-date and outdated if they aren't regularly revised and aren't allowed to
stay in place. The finest example is the Indian Labour Laws. The majority of them are now out of date since the
necessary adjustments were not made and gaps developed between industry expectations and the establishment of
labour law, Social Justice, Equal Opportunity, Social Security, National Economy, and Labour Laws. Social justice,
social equality, social security, and the national economy are all included into labour laws. Two things are implied
by social justice:
1. First, there has to be a fair division of revenues and other sector advantages between business owners and
employees.
2. Second, ensuring that employees are shielded from dangers to their morals, safety, and health.
Social equality gives labour laws the flexibility they need to change to meet the demands of the industrial society.
The core of work regulation is social hazards, which are addressed collectively through social security. The national
economy supplies the benchmarks that will be used to determine the employment laws. The foundational tenets of
human rights and the notion of human dignity serve as the framework for employment laws. These ideas are
therefore the cornerstones for comprehending the idea of labour law.

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Basic Social Security Principles:

Universal Coverage: According to social security principles, all people should get coverage and benefits,
guaranteeing that no one is left without vital security. It includes social insurance plans like pensions for retirement,
benefits for people with disabilities, benefits for those who lose their jobs, and health insurance.
Social security systems are based on the concepts of risk sharing and solidarity, wherein payments from the working
population help those who are in need or dealing with unforeseen circumstances. It encourages shared responsibility
among all members of society and distributes the financial load. Social security works to safeguard people and
families from economic and social dangers while also working to reduce poverty. It offers a safety net that enables
people to satisfy their essential requirements, keep up a respectable level of life, and deal with unanticipated events.
National Economy and Labour Laws: The interaction between employees, employers, and the national economy
is greatly influenced by labour laws. Some important elements are:
Economic Stability: By creating fair employment practises, defending employees' rights, and fostering
harmonious workplace relations, labour policy tries to produce a stable economic environment. This stability
supports long-term economic growth and productivity.
Workforce Development: By encouraging skill development, maintaining workplace safety, and establishing
minimum standards for working conditions, labour policy promotes the development and training of the workforce.
This improves the labour force's productivity and quality, which benefits the whole national economy.
Social cohesiveness: By fostering fair treatment, equal chances, and non-discrimination in the workplace, labour
law encourages social cohesiveness. It improves social stability and cohesiveness by reducing socioeconomic
disparities and ensuring that everyone has access to adequate employment.
Economic Justice: Labour policy aims to promote economic justice and redress power disparities between
employers and workers. It ensures a more equal allocation of income and resources within the national economy
by setting minimum wage requirements, regulating working hours, and protecting employees from exploitation.
Origin of Labour Legislations
The history of the ongoing and unrelenting fight to free the working class from the shackles of aggressive capitalism
is the source of labour laws. The conflict included two unequal parties. No fair agreement could ever be reached
between capital and labour. Various social scientists gave various interpretations to this conflict. But changing it
was the goal. The shift envisioned was one that would turn a slave into a partner and, in doing so, limit the ability
of capital to impose its own conditions on the workforce. Several variables made this method possible. The battle
was not simple. Numerous factors, both directly and indirectly, accelerated the process and made it easier for labor-
friendly laws to pass.
Factors Affecting the Employment Laws
The following are the variables influencing employment laws:
Early Industrial Society of Exploitation
The excesses of the early industrialism that came after the Industrial Revolution are where labour regulation first
emerged. Early industrialization in capitalist nations was characterised by excessive working hours, hiring of young
children in very unhygienic and unhealthy conditions, low pay, and other excesses. It was also a time of
unrestrained individualism, contract freedom, and laissez-faire. Such excesses could not have persisted for very
long without opposition and without calls for change, of course. These excesses gave rise to the early Factories
Acts, which were a manifestation of the community's desire to safeguard its most vulnerable members from
exploitation. There was not much in the way of legal protection for the employees. Therefore, it is reasonable to
say that the industrial revolution produced the laws governing labour.
Effects of Recent Events
The following are the effects of recent events:

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Along with the Industrial Revolution, the ideas of Rousseau, J.S. Mill, the French Revolution, Hegel, Marx, and
Engels, as well as the Russian Revolution, had a significant impact on thought processes and accelerated the
development of labour law. The global wars enabled workers to grasp their significance and that without them, it
would be difficult for warring countries to prevail. They must thus back up their demands for a higher quality of
working life. The scientific, technological, communication, and communications revolution also contributed to
greater ties between nations. The working classes of the developing world found it simpler to learn about the
superior working circumstances enjoyed by their counterparts in the developed world.
The Development of Trade Unions
Another thing that has accelerated the development of labour laws is the trade union movement, which is also a
product of the industrial revolution. Their demands for the protection of working-class interests on the one hand
resulted in laws governing wages, work hours, women's compensation, social security, and other issues; on the
other hand, their expansion called for laws governing industrial disputes, their prevention and resolution, and trade
union rights and privileges. Labour laws have conditioned trade unions just as much as they have conditioned them.
Increased Political Freedom and Increased Franchise
A strong tool to influence state policy was given to the working class via the gradual spread and acceptance of
universal adult suffrage. Their delegates began advocating for labour and passing progressive laws. The workers
improved and improved their condition by using their political influence.
Rise of Revolutionary Ideas, Including Socialist Ideas
Marx demonstrated in his study of capitalism that the exploitation of workers was a fundamental feature of the
capitalist economic system. He thus called for the destruction of the capitalist system. The capitalist world's
reverberation of the phrase "The Workers of the World Unite, You Have Nothing to Lose But Your Chains" sent a
chill through conservative circles, where ameliorative and protective labour laws were offered as safe substitutes.
They quickly embraced employment laws as a defence against the spread of revolutionary ideas. The development
of socialist and communist parties in several nations, the first and second internationals, and the Fabian Society of
England all contributed to the movement towards progressive labour laws [10]–[12].
III. CONCLUSION
The interaction between employers and workers at work is governed by a system of legal rules and safeguards
known as labour laws. They were developed as a reaction to the difficulties employees encountered throughout the
Industrial Revolution, with the goal of defending their rights and improving working conditions. Worker rights
protection, social fairness, economic progress, and industrial peacekeeping are among the goals of labour laws.
Individual and group labour laws, social security laws, anti-discrimination laws, and laws governing the
enforcement and compliance with labour laws are all categories of labour legislation. To construct fair and equitable
workplace policies, these categories, which address different facets of the job relationship, were created.
Social justice principles place a strong emphasis on fairness, equality, resource allocation, and access to justice.
Social equality principles support nondiscrimination, fair opportunity, and an inclusive society. The tenets of social
security include solidarity, risk sharing, universal coverage, and the reduction of poverty. By encouraging economic
stability, workforce development, social cohesion, and economic fairness, labour policy also has a significant
influence in determining the direction of the country's economy. Overall, the protection of employees' rights, the
maintenance of an equitable employment relationship, and the promotion of personal and societal well-being all
depend on labour laws.
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