Foundations of Labour Law: History, Principles and Evolution

Lesson 1: Historical Background

The Industrial Revolution and the Social Question

Since the advent of humanity, work has evolved alongside civilization. The oldest known record is the Code of Hammurabi (2000 BC). In Ancient Greece, Solon introduced social reforms to regulate work, while Roman imperial jurists established the conductio operis locatio and conductio operarum locatio, which heavily influenced the modern employment contract. Medieval and early modern law, however, failed to protect the worker.

The Industrial Revolution and the Social Question

The small-scale workshop model of the Middle Ages became inadequate due to limited resources and technical constraints. To meet rising demand, two major events converged: the French Revolution (political/economic) and the Industrial Revolution (technical). While these events liberated the individual, the prevailing liberalism allowed employers to dictate employment contracts without state intervention.

By the late 19th century, the first worker protection laws emerged. Following the World Wars, the Weimar Constitution and Mexican legislation served as models for European reforms, establishing the concept of job security and ensuring a decent standard of living for workers.

Labour Law Today

Concept, Characteristics, and Legal Nature

Labour law is a set of theoretical principles and positive rules governing legal relations between employers, workers, and the state, arising from the voluntary, subordinate, and paid provision of human activity for the production of goods or services.

Interface with Other Branches of Law

Labour law functions as an autonomous legal discipline, having achieved independence from civil and commercial law. It possesses triple autonomy: legal, scientific, and teaching.

Peculiar Principles of Labour Law

Labour law is defined by its unique principles that distinguish it from traditional civil obligations, focusing on the protection of the subordinate party.

Sources of Labour Law

The application of labour law in time and space is derived from various sources:

• General Sources: The Constitution, Labour Codes, incorporated laws, regulatory decrees, and administrative resolutions.
• Special Sources: Collective agreements, contract law, internal regulations, conciliation and arbitration board resolutions, and ILO Conventions ratified by law.

Rigidity and Flexibility of Labour Rights

The balance between the rigidity of protective standards and the flexibility required by modern economic demands remains a central theme in contemporary labour legislation.