The history of labour law concerns the development of labour law as a way of regulating and improving the life of people at work. In the civilisations of antiquity, the use of slave labour was widespread. Some of the maladies associated with unregulated labour were identified by Pliny as "diseases of slaves."H. D. Traill, Social England, v. 602 (1896).
English origins
As England was the first country to industrialise, it was also the first to face the often appalling consequences of capitalist exploitation in a totally unregulated and laissez-faire economic framework. Over the course of the late 18th and early to mid-19th century the foundation for modern labour law was slowly laid, as some of the more egregious aspects of working conditions were steadily ameliorated through legislation. This was largely achieved through the concerted pressure from social reformers, notably Anthony Ashley-Cooper, 7th Earl of Shaftesbury, and others.
Campaign against child labour A serious outbreak of fever in 1784 in cotton mills near Manchester drew widespread public opinion against the use of children in dangerous conditions. A local inquiry presided over by Dr Thomas Percival, was instituted by the justices of the peace for Lancashire, and the resulting report recommended the limitation of children's working hours.From an " Essay on Trade " (1770), quoted in History of Factory Legislation, by B. Leigh Hutchins and Amy Harrison (1903), pp. 5, 6. In 1802, the first major piece of labour legislation was passed – the Health and Morals of Apprentices Act 1802 (42 Geo. 3. c. 73). This was the first, albeit modest, step towards the protection of labour. It targeted the deficiencies of the apprentice system, under which large numbers of pauper children were worked in cotton and woollen mills without education, for excessive hours, under awful conditions. The act limited working hours to twelve a day and abolished night work. It required the provision of a basic level of education for all apprentices, as well as adequate sleeping accommodation and clothing.
The rapid industrialisation of manufacturing at the turn of the 19th century led to a rapid increase in child employment, and public opinion was steadily made aware of the terrible conditions these children were forced to endure. The Cotton Mills and Factories Act 1819 was the outcome of the efforts of the industrialist Robert Owen and prohibited child labour under nine years of age and limited the working day to twelve.
A great milestone in labour law was reached with the Labour of Children, etc., in Factories Act 1833, which limited the employment of children under eighteen years of age, prohibited all night work and, crucially, provided for inspectors to enforce the law. Pivotal in the campaigning for and the securing of this legislation were Michael Sadler and the Earl of Shaftesbury. This act was an important step forward, in that it mandated skilled inspection of workplaces and a rigorous enforcement of the law by an independent governmental body. This legislation was further amended by the Factories Act 1844, which strengthened the powers of the inspectors and required certified surgeons to examine all workers for physical fitness.
A lengthy campaign to limit the working day to ten hours was led by Shaftesbury, and included support from the Anglican Church. Many different groups, including many Quakers, workers, and even some factory owners like John Fielden also supported it. Many committees were formed in support of the cause and some previously established groups lent their support as well. One of the most influential groups to spring up was the "Ten Hours' Advocate and the Journal of Literature and Art".Yale University Library holds full text versions of the Ten Hours' Advocate in its microfilm department The campaign finally led to the passage of the Factory Act 1847, which restricted the working hours of women and children in British factories to effectively 10 hours per day. The debate had been a rather contentious one in Parliament and was defeated several times by a coalition of conservatives and free traders.
Working conditions
These early efforts were principally aimed at limiting child labour. From the mid-19th century, attention was first paid to the plight of working conditions for the workforce in general. For the first time detailed provisions for health and safety began to make their appearance in the law. Workers' compensation for preventible injuries was the outcome of a discussion by witnesses before the a royal commission in 1841. A year later, the Mines and Collieries Act 1842 excluded women and girls from underground working, and limited the employment of boys under the age of ten. It was not until 1850 that systematic reporting of fatal accidents and until 1855 that other safeguards for health, life and limb in mines were seriously provided by law.
From 1843 onwards, the Board of Health began issuing annual reports on the state of health and safety in the industry. Inspection was made more rigorous from 1850, and the Coal Mines Act 1855 (18 & 19 Vict. c. 108) provided seven further regulations, relating to ventilation, fencing of disused shafts, signalling standards, proper gauges and valve for steam-boiler, indicator and brake for machine lowering and raising; it also provided that special rules submitted by mine-owners to the secretary of state, could gain legislative sanction and be enforceable through penalties.
Various inquests discovered the extent to which incompetent management and neglect was to blame for workplace accidents and legislation. This led to the Coal Mines Regulation Act 1872 (35 & 36 Vict. c. 76) that required the employ of specifically certified managers. The certificates were issued by a government agency to candidates after passing a series of examinations. The steady development of the coal industry, increasing association among miners, and increased scientific knowledge paved the way for the extension and rationalisation of the then-current legislation to a greater variety of industries.
The Coal Mines Regulation Act 1872 also included the first comprehensive code of regulation to govern legal safeguards for health, life and limb. For instance, in the coal mining industry, the provision of safety lamps was made compulsory, use of explosives was regulated, and the shaft roof was required to be properly secured at all times. Any wilful neglect of these safety provisions became strictly punishable. But the most important new step lay in the sections relating to daily control and supervision of every mine by a manager holding a certificate of competency from the government, granted after passing an examination. Increased levels of inspection were also provided for.
The remit of the law steadily expanded to incorporate more industries, as reformers moved from one pressing issue to another. Other trades that came under legislative scrutiny included bleaching and dyeing works, lace factories, and textile finishing, bakehouses, earthenware-making, match-making, cartridge making and paper-staining. As the result of inquiries by expert medical and sanitary commissioners, ventilation was required to remove dangerous gases, dust, and other impurities generated in all factories.
By the end of the century, a comprehensive set of regulations had been put in place in England. Although the law would undergo further refinement over the following century, its basic contours were already discernible. As other countries industrialised in the late 19th century, they too adopted a similar legal system to prevent and mitigate large scale abuse in the industry.
Ancient Islamic societies Measures aimed at ensuring good working conditions were carried out during the days of early Islam. An example of this can be found under the Rashidun Caliphate, in which measures were introduced to ensure that fair wages were paid, hours of work were regulated, and labour exploitation was prevented. Similarly, under the Umayyad Caliphate, administrative reforms were introduced to ensure fair treatment of workers while public works programs were carried out to provide jobs. Under the Abbasid Caliphate, guilds were developed which (according to one study) “played a crucial role in regulating labor practices, setting standards for wages and working conditions, and ensuring that workers were not exploited.”Islamic Jurisprudence on Labor Laws: Principles, Practices, and Contemporary Applications by Dr. Ghulam Mustafa and Dr. Zia Ur Rehman, published in Al-Manhal Research Journal (Vol.4, Issue 3, 2024: July-September), P.6 Under the Mughal Empire, measures aimed at safeguarding labour rights were carried out, with one study stating that the Mughals “emphasized the importance of fair wages and the provision of necessities for workers, reflecting the broader Islamic principles of justice and equity.”Islamic Jurisprudence on Labor Laws: Principles, Practices, and Contemporary Applications by Dr. Ghulam Mustafa and Dr. Zia Ur Rehman, published in Al-Manhal Research Journal (Vol.4, Issue 3, 2024: July-September), P.7
According to one observer
Australia and New Zealand During the late 19th century, liberals in Australia set out (as noted by one historian) "to remedy the abuses and grave evils in colonial factories, where hours were log and working conditions were frequently dangerous and unsanitary". With the exception of Western Australia, all of the colonial parliaments passed acts aimed at regulating and supervising workshops and factories.MANNING CLARK'S HISTORY OF AUSTRALIA ABRIDGED FROM THE SIX-VOLUME CLASSIC BY MICHAEL CATHCART, Penguin Books Australia Ltd, 1996 edition, P.445-446 By the 1900s, the Australian colonies had acquired a reputation in the United States and Europe (as noted by one authority) "as a paradise for the working man, where minimum wages, factory acts, conciliation, arbitration and trade unions had introduced the workers to a measure of middle-class affluence".MANNING CLARK'S HISTORY OF AUSTRALIA ABRIDGED FROM THE SIX-VOLUME CLASSIC BY MICHAEL CATHCART, Penguin Books Australia Ltd, 1996 edition, P.464
Similarly, in New Zealand, successive governments during the 19th and early 20th centuries passed a wide range of measures designed to improve working conditions, affecting areas such as methods and levels of pay, holidays, hours of work, and health and safety.THE LABOUR LAWS OF NEW ZEALAND (Brought up to the end of the Session of 1908.) COMPILED BY DIRECTION OF THE MINISTER OF LABOUR (THE HON. A. W. HOGG). FIFTH EDITION. WELLINGTON. BY AUTHORITY: JOHN MACKAY, GOVERNMENT PRINTERHANDBOOK TO THE LABOUR LAWS OF NEW ZEALAND. Compiled under the direction of the late Right Hon. R. J. Seddon, P.C, Minister of Labour. WELLINGTON, NEW ZEALAND. BY AUTHORITY: JOHN MACKAY, GOVERNMENT PRINTER. 1906
New Zealand acquired a reputation as a "paradise for the working man" owing to the advanced social legislation of these periods, with one 1904 journal arguing that "If laws can make a paradise for the working man, New Zealand is surely such a paradise, for his interests are hedged about with barbed wire laws which it would seem almost impossible for the most grasping capitalist or the most soulless corporation to break through."'New Zealand a Paradise for the Working Man' published in St. John Daily Sun, 25 Jun 1904, P.9
Commenting on New Zealand's progressive reputation in regards to labor rights, one journal from 1910 described it as the "one country where the working people get things without fighting for them," adding that the government at that time
Commenting on the progressive labor legislation implemented in Australia and New Zealand, one European study from 1910 noted that
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