View source for Labour law

{{short description|Laws that mediate the relationship between workers, employers, unions and governments}}
{{Use Oxford spelling|date=January 2014}}
'''Labour laws''' (also spelled as '''labor laws'''), '''labour code''' or '''employment laws''' are those that mediate the relationship between workers, employing entities, [[trade union]]s, and the government. Collective labour law relates to the tripartite relationship between employee, employer, and union.

Individual labour law concerns employees' rights at work also through the contract for work. {{Visible anchor|Employment standards}} are social norms (in some cases also technical standards) for the minimum socially acceptable conditions under which employees or contractors are allowed to work. [[Government agencies]] (such as the former US Employment Standards Administration) enforce labour law (legislature, regulatory, or judicial).

==History==
{{main|History of labour law|Collegium (ancient Rome)|Guild|Trade union}}

Following the unification of the [[List of cities of the ancient Near East|city-state]]s in [[Assyria]] and [[Sumer]] by [[Sargon of Akkad]] into a [[Akkadian Empire|single empire]] ruled from his [[Akkad (city)|home city]] circa 2334 BC, [[Ancient Mesopotamian units of measurement|common Mesopotamian standards]] for [[length]], [[area]], [[volume]], [[weight]], and [[time]] used by [[artisan]] [[guild]]s in each city was promulgated by [[Naram-Sin of Akkad]] (c. 2254–2218 BC), Sargon's grandson, including for [[shekel]]s.<ref name="Powell 1995, p.1955">{{Cite book|last=Powell|first=Marvin A.|contribution=Metrology and Mathematics in Ancient Mesopotamia|year=1995|title=Civilizations of the Ancient Near East|editor-last=Sasson|editor-first=Jack M.|volume=III|page=[https://archive.org/details/isbn_9780684192796/page/1955 1955]|place=New York, NY|publisher=Charles Scribner's Sons|isbn=0-684-19279-9|url-access=registration|url=https://archive.org/details/isbn_9780684192796/page/1955}}</ref> [[Code of Hammurabi#Laws|Code of Hammurabi Law 234]] (c. 1755–1750 BC) stipulated a 2-shekel [[prevailing wage]] for each 60-[[Ancient Mesopotamian units of measurement#Capacity or volume|gur]] (300-[[bushel]]) [[Merchant vessel|vessel]] constructed in an [[employment contract]] between a [[Shipbuilding|shipbuilder]] and a [[ship-owner]].<ref name="Sommer 1903 p. 85">{{cite journal|translator-last=Sommer|translator-first=Otto|author=Hammurabi|author-link=Hammurabi|title=Code of Hammurabi, King of Babylon|year=1903|journal=Records of the Past|place=[[Washington, D.C.|Washington, DC]]|publisher=[[Records of the Past Exploration Society]]|volume=2|issue=3|page=[https://archive.org/details/cu31924060109703/page/n25/mode/2up 85]|access-date=June 20, 2021|url=https://archive.org/details/cu31924060109703/mode/2up|quote=234. If a shipbuilder builds ... as a present [compensation].}}</ref><ref name="Harper 1904 p. 85">{{cite web|translator-last=Harper|translator-first=Robert Francis|author=Hammurabi|author-link=Hammurabi|year=1904|title=Code of Hammurabi, King of Babylon|place=[[Chicago]]|publisher=[[University of Chicago Press]]|edition=2nd|page=[https://oll.libertyfund.org/title/hammurabi-the-code-of-hammurabi#lf0762_label_457 83]|website=[[Liberty Fund]]|url=https://oll-resources.s3.us-east-2.amazonaws.com/oll3/store/titles/1276/0762_Bk.pdf|access-date=June 20, 2021|quote=§234. If a boatman build ... silver as his wage.|archive-date=June 13, 2021|archive-url=https://web.archive.org/web/20210613091052/https://oll-resources.s3.us-east-2.amazonaws.com/oll3/store/titles/1276/0762_Bk.pdf|url-status=live}}</ref><ref name="King 1910">{{cite web|translator-last=King|translator-first=Leonard William|author=Hammurabi|author-link=Hammurabi|year=1910|title=Code of Hammurabi, King of Babylon|place=[[New Haven, Connecticut|New Haven, CT]]|publisher=[[Yale Law School]]|website=[[Avalon Project]]|url=https://avalon.law.yale.edu/ancient/hamframe.asp|access-date=June 20, 2021|archive-date=May 10, 2021|archive-url=https://web.archive.org/web/20210510072841/https://avalon.law.yale.edu/ancient/hamframe.asp|url-status=live}}</ref>

Law 275 stipulated a [[ferry]] [[Price|rate]] of 3-[[gerah]] per day on a [[charterparty]] between a [[Chartering (shipping)|ship charterer]] and a [[Sea captain|shipmaster]]. Law 276 stipulated a 2{{frac|1|2}}-gerah per day [[freight rate]] on a [[Affreightment|contract of affreightment]] between a charterer and shipmaster, while Law 277 stipulated a {{frac|1|6}}-shekel per day freight rate for a 60-gur vessel.<ref name="Sommer 1903 p. 88">{{cite journal|translator-last=Sommer|translator-first=Otto|author=Hammurabi|author-link=Hammurabi|title=Code of Hammurabi, King of Babylon|year=1903|journal=Records of the Past|place=[[Washington, D.C.|Washington, DC]]|publisher=[[Records of the Past Exploration Society]]|volume=2|issue=3|page=[https://archive.org/details/cu31924060109703/page/n29/mode/2up 88]|access-date=June 20, 2021|url=https://archive.org/details/cu31924060109703/mode/2up|quote=275. If anyone hires a ... day as rent therefor.}}</ref><ref name="Harper 1904 p. 95">{{cite web|translator-last=Harper|translator-first=Robert Francis|author=Hammurabi|author-link=Hammurabi|year=1904|title=Code of Hammurabi, King of Babylon|place=[[Chicago]]|publisher=[[University of Chicago Press]]|edition=2nd|page=[https://oll.libertyfund.org/title/hammurabi-the-code-of-hammurabi#lf0762_label_497 95]|website=[[Liberty Fund]]|url=https://oll-resources.s3.us-east-2.amazonaws.com/oll3/store/titles/1276/0762_Bk.pdf|access-date=June 20, 2021|quote=§275. If a man hire ... its hire per day.|archive-date=June 13, 2021|archive-url=https://web.archive.org/web/20210613091052/https://oll-resources.s3.us-east-2.amazonaws.com/oll3/store/titles/1276/0762_Bk.pdf|url-status=live}}</ref><ref name="King 1910" />

In 1816, an archeological excavation in [[Minya, Egypt]] (under an [[Egypt Eyalet|Eyalet]] of the [[Ottoman Empire]]) produced a [[Nerva–Antonine dynasty]]-era [[Clay tablet|tablet]] from the ruins of the [[Antinous#Deification and the cult of Antinous|Temple of Antinous]] in [[Antinoöpolis]], [[Roman Egypt|Aegyptus]] that [[Articles of association|prescribed the rules]] and [[Benefit society|membership dues]] of a [[burial society]] ''[[Collegium (ancient Rome)|collegium]]'' established in [[Lanuvium]], [[Roman Italy|Italia]] in approximately 133 AD during the reign of [[Hadrian]] (117–138) of the [[Roman Empire]].<ref>{{cite book|year=1915|title=The Documentary History of Insurance, 1000 B.C.–1875 A.D.|publisher=[[Prudential Financial|Prudential Press]]|place=[[Newark, New Jersey|Newark, NJ]]|pages=[https://archive.org/details/cu31924030231736/page/n7/mode/2up 5–6]|url=https://archive.org/details/cu31924030231736/mode/2up|access-date=June 15, 2021}}</ref>

A ''collegium'' was any association in [[ancient Rome]] that [[Corporation|acted]] as a [[Legal person|legal entity]]. Following the passage of the ''[[Lex Julia]]'' during the reign of [[Julius Caesar]] as [[Roman consul|Consul]] and [[Roman dictator|Dictator]] of the [[Roman Republic]] (49–44 BC), and their reaffirmation during the reign of [[Augustus|Caesar Augustus]] as ''[[Princeps senatus]]'' and [[Imperator]] of the [[Imperial Roman army|Roman Army]] (27 BC–14 AD), ''collegia'' required the approval of the [[Roman Senate]] or the [[Roman emperor|Emperor]] in order to be [[Charter|authorized as legal bodies]].<ref name="de Ligt 2001">{{Cite journal|last=de Ligt|first=L.|date=2001|title=D. 47,22, 1, pr.-1 and the Formation of Semi-Public "Collegia"|url=https://www.jstor.org/stable/41539517|journal=Latomus|volume=60|issue=2|pages=346–349|jstor=41539517|issn=0023-8856|access-date=2021-06-23|archive-date=2020-11-12|archive-url=https://web.archive.org/web/20201112195606/https://www.jstor.org/stable/41539517|url-status=live}}</ref> Ruins at [[Lambaesis]] date the formation of burial societies among Roman Army soldiers and [[Roman navy|Roman Navy]] [[Sailor|mariner]]s to the reign of [[Septimius Severus]] (193–211) in 198 AD.<ref>{{cite journal|last=Ginsburg|first=Michael|year=1940|title=Roman military clubs and their social functions|journal=[[Transactions and Proceedings of the American Philological Association]]|volume=71|pages=149–156|doi=10.2307/283119|jstor=283119}}</ref>

In September 2011, archeological investigations done at the site of the [[Dredging|artificial]] [[harbour]] [[Portus]] in [[Rome]] revealed inscriptions in a [[shipyard]] constructed during the reign of [[Trajan]] (98–117) indicating the existence of a shipbuilders guild.<ref>{{cite news|last=Welsh|first=Jennifer|date=September 23, 2011|title=Huge Ancient Roman Shipyard Unearthed in Italy|website=[[Live Science]]|publisher=[[Future plc|Future]]|url=http://www.livescience.com/16201-rome-ancient-shipyard.html|access-date=June 23, 2021|archive-date=February 13, 2021|archive-url=https://web.archive.org/web/20210213051448/https://www.livescience.com/16201-rome-ancient-shipyard.html|url-status=live}}</ref> Rome's [[Ostia Antica|La Ostia port]] was home to a [[guildhall]] for a ''corpus naviculariorum'', a ''collegium'' of [[Merchant navy|merchant mariners]].<ref>{{cite book|last=Epstein|first=Steven A.|year=1995|title=Wage Labor and Guilds in Medieval Europe|place=[[Chapel Hill, North Carolina|Chapel Hill, NC]]|publisher=[[University of North Carolina Press]]|pages=10–49|isbn=978-0807844984}}</ref> ''Collegium'' also included [[Fraternity|fraternities]] of [[Religion in ancient Rome|Roman priests]] overseeing [[Religion in ancient Rome#Sacrifice|ritual sacrifice]]s, practicing [[augury]], keeping [[Religious text|scriptures]], arranging [[Roman festivals|festivals]], and maintaining specific [[Imperial cult of ancient Rome|religious cults]].<ref>{{Cite book|last=Lintott|first=Andrew|title=The Constitution of the Roman Republic|publisher=[[Oxford University Press]]|year=1999|location=Oxford|pages=183–186|isbn=978-0198150688}}</ref>

Labour law arose in parallel with the [[Industrial Revolution]] as the relationship between worker and employer changed from small-scale production studios to large-scale factories. Workers sought better conditions and the right to join a [[labour union]], while employers sought a more predictable, flexible and less costly workforce. The state of labour law at any one time is therefore both the product of and a component of struggles between various social forces.

As England was the first country to industrialize, it was also the first to face the often appalling consequences of the industrial revolution in a less regulated economic framework. Over the course of the late 18th and early to the mid-19th century the foundation for modern labour law was slowly laid, However, in the early days, there were some unequal aspects, such as the target being limited to women and children and not adult men, 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 reform]]ers, notably [[Anthony Ashley-Cooper, 7th Earl of Shaftesbury]], and others.

===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 [[Justice of the peace|justices of the peace]] for [[Lancashire]], and the resulting report recommended the limitation of children's working hours.<ref>From an " Essay on Trade " (1770), quoted in ''History of Factory Legislation,'' by [[Elizabeth Leigh Hutchins|B. Leigh Hutchins]] and [[Amy Harrison (author)|Amy Harrison]] (1903), pp. 5, 6.</ref> In 1802, the first major piece of labour legislation was passed − the [[Health and Morals of Apprentices Act 1802|Health and Morals of Apprentices Act]]. This was the first, albeit modest, step towards the protection of labour. 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 hours to twelve. A great milestone in labour law was reached with the [[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 Thomas Sadler|Michael Sadler]] and the [[Anthony Ashley-Cooper, 7th Earl of Shaftesbury|Earl of Shaftesbury]]. This act was an important step forward, in that it mandated skilled inspection of workplaces and rigorous enforcement of the law by an independent governmental body.

A lengthy campaign to limit the working day to ten hours was led by Shaftesbury and included support from the [[Anglican Church]].<ref>{{citation |title=The Ten Hours' Bill |newspaper=The Times |url=http://infotrac.galegroup.com/itw/infomark/126/803/158807039w16/purl=rc1_TTDA_0_CS117603378&dyn=3!xrn_5_0_CS117603378&hst_1?sw_aep=mclib |date=18 January 1847 |page=7 |issue=19449 |access-date=19 August 2011}} {{subscription required}}</ref> Many committees were formed in support of the cause and some previously established groups lent their support as well.<ref>Yale University Library holds full-text versions of the Ten Hours' Advocate in its microfilm department</ref> 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.<ref>Bloy, Marjorie http://www.historyhome.co.uk/peel/factmine/factory.htm {{Webarchive|url=https://web.archive.org/web/20140310170558/http://www.historyhome.co.uk/peel/factmine/factory.htm |date=2014-03-10 }} "The Factory Question" accessed 20&nbsp;March 2009</ref>

===Working conditions===
<!-- Deleted image removed: [[File:Colliery.jpg|thumb|left|Men leaving the [[History of coal mining|pit]], before the start of [[World War I]]. The average [[life expectancy]] of a [[Liverpool]] mineworker was 30 years in 1900.]] -->
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. In 1850, systematic reporting of fatal accidents was made compulsory, and basic safeguards for health, life and limb in the mines were put in place from 1855. Further regulations, relating to ventilation, fencing of disused shafts, signalling standards, and proper gauges and valves for steam-boilers and related machinery were also set down.

A series of further Acts, in 1860 and 1872 extended the legal provisions and strengthened safety provisions. The steady development of the coal industry, an increasing association among miners, and increased scientific knowledge paved the way for the Coal Mines Act of 1872, which extended the legislation to similar industries. The same Act included the first comprehensive code of regulation to govern legal safeguards for health, life and limb. The presence of more certified and competent management and increased levels of inspection were also provided for.

By the end of the century, a comprehensive set of regulations was in place in England that affected all industries. A similar system (with certain national differences) was implemented in other industrializing countries in the latter part of the 19th century and the early 20th century.

==Individual labour law==

===Employment terms===
{{Main|Employment contract|At-will employment|Intellectual capital}}
The basic feature of labour law in almost every country is that the rights and obligations of the worker and the employer are mediated through a [[contract of employment]] between the two. This has been the case since the collapse of [[feudalism]]. Many contract terms and conditions are covered by [[legislation]] or [[common law]]. In the US for example, the majority of [[State law (United States)|state laws]] allow for [[At-will employment|employment to be "at-will"]], meaning the employer can terminate an employee from a position for any reason so long as the reason is not explicitly prohibited,{{efn|For example, an employee's refusal to violate law or an employee's assertion of rights.}} and, conversely, an employee may quit at any time, for any reason (or for no reason), and is not required to give notice.

A major issue for any business is to understand the relationship between the worker and the master. There are two types of workers, independent contractors and employees.<ref>{{Cite web|url=https://www.law.cornell.edu/wex/abc_test|title=ABC Test|website=LII / Legal Information Institute|language=en|access-date=2020-04-12|archive-date=2021-05-31|archive-url=https://web.archive.org/web/20210531120809/https://www.law.cornell.edu/wex/abc_test|url-status=live}}</ref> They are differentiated based on the level of control the master has on them. Workers provided tools and resources, closely supervised, paid regularly, etc., are considered employees of the company. Employees must act in the best interest of the employer.

One example of employment terms in many countries<ref>e.g. In the European Union, Directive 91/533</ref> is the duty to provide written particulars of employment with the {{lang|la|[[essentialia negotii]]}} ([[Latin]] for "essential terms") to an employee. This aims to allow the employee to know concretely what to expect and what is expected. It covers items including [[Compensation and benefits|compensation]], [[Annual leave|holiday]] and [[sick leave|illness rights]], notice in the [[Termination of employment|event of dismissal]] and [[job description]].

The contract is subject to various legal provisions. An employer may not legally offer a contract that pays the worker less than a minimum wage. An employee may not agree to a contract that allows an employer to [[Wrongful dismissal|dismiss them for illegal reasons]].{{efn|In the US, under the [[National Labor Relations Act]], a worker has no right to organize where he is considered a manager, see ''NLRB v. Kentucky River Community Care'', [http://www.lawmemo.com/nlrb/kyrivercases.htm 532 U.S. 706] (2001)}}

Intellectual property is the vital asset<ref>{{Cite web|url=https://www.wipo.int/sme/en/documents/value_ip_intangible_assets_fulltext.html|title=The Value of Intellectual Property, Intangible Assets and Goodwill|website=www.wipo.int|language=en|access-date=2025-06-23}}</ref> of the business, employees add value to the company<ref>{{Cite web|url=https://partners.wsj.com/aon/balancing-risk-with-opportunity/right-ip-strategy-can-maximize-enterprise-value/|title=Paid Program: IP Risk in IPOs and M&As|date=2019-10-09|website=Aon|language=en-US|access-date=2020-04-12|archive-date=2021-04-18|archive-url=https://web.archive.org/web/20210418085725/https://partners.wsj.com/aon/balancing-risk-with-opportunity/right-ip-strategy-can-maximize-enterprise-value/|url-status=live}}</ref> by creating Intellectual Property. As per Trade Related Aspects of Intellectual Property Rights (TRIPS), Intellectual Property is personal property.<ref>{{Cite web|url=https://www.wto.org/english/tratop_e/trips_e/intel1_e.htm|title=WTO {{!}} intellectual property (TRIPS) – what are intellectual property rights?|website=www.wto.org|access-date=2020-04-12|archive-date=2019-07-06|archive-url=https://web.archive.org/web/20190706160029/https://www.wto.org/english/tratop_e/trips_e/intel1_e.htm|url-status=live}}</ref> Intellectual property is used as competitive advantage<ref>{{Cite news|last=Conley|first=David Orozco and James|url=https://www.wsj.com/articles/SB121018802603674487|title=Shape of Things to Come|date=2008-05-12|work=[[The Wall Street Journal]]|access-date=2020-04-12|language=en-US|issn=0099-9660|archive-date=2020-12-01|archive-url=https://web.archive.org/web/20201201121551/https://www.wsj.com/articles/SB121018802603674487|url-status=live}}</ref> by big companies to protect themselves from rivalry. Given the conditions,<ref>{{Cite news|last=Johnson|first=Antone|url=https://www.wsj.com/articles/SB10001424052702304070304577395953754702524|title=5 'IP' Mistakes Start-ups Should Avoid|date=2012-05-10|work=[[The Wall Street Journal]]|access-date=2020-04-12|language=en-US|issn=0099-9660|archive-date=2021-04-18|archive-url=https://web.archive.org/web/20210418090139/https://www.wsj.com/articles/SB10001424052702304070304577395953754702524|url-status=live}}</ref> if the worker is in the agent-principal relationship, he is the employee of the company, and if the employee's invention is in the scope of employment i.e. if the employee creates a new product or process to increase the productivity and create organizations' wealth by utilizing the resources of the company, then the Intellectual property solely belongs to the company. New business products or processes are protected under Patents.<ref>{{Cite web|url=https://www.uspto.gov/patents-getting-started/general-information-concerning-patents|title=General information concerning patents|website=www.uspto.gov|language=en-US|access-date=2020-04-12|archive-date=2021-01-16|archive-url=https://web.archive.org/web/20210116104326/https://www.uspto.gov/patents-getting-started/general-information-concerning-patents|url-status=live}}</ref>

There are differing opinions on what constitutes a patentable invention.  One area of disagreement is with respect to software inventions, but there have been court cases that have established some precedents.  For example, in the case ''[[Diamond v. Diehr]]'' the [[US Supreme Court]] decided that Diehr is patent- eligible because they improved the existing technological process, not because they were implemented on a computer.

===Minimum wage===
{{Main|Minimum wage}}
Many jurisdictions define the minimum amount that a worker can be paid per hour. Algeria, Australia, Belgium, Brazil, Canada, China, France, Greece, Hungary, India, Ireland, Japan, South Korea, Luxembourg, the Netherlands, New Zealand, Paraguay, Portugal, Poland, Romania, Spain, Taiwan, the UK, the US, Vietnam, Germany (in 2015<ref>{{cite web|title=Minimum Wage Act in Germany with effect from 01-01-2015|url=http://www.mayer-kuegler.de/#!minimum-wages-law-germany/mov20|website=Dr. Mayer & Kügler Rechtsanwälte PartG mbB – Arbeitsrecht|publisher=Lawyer Michael Kügler|access-date=27 January 2016|archive-date=1 May 2021|archive-url=https://web.archive.org/web/20210501204308/https://www.mayer-kuegler.de/#!minimum-wages-law-germany/mov20|url-status=live}}</ref>) and others have laws of this kind.<ref>{{Cite web|title=Minimum Wage By Country 2021|url=https://worldpopulationreview.com/country-rankings/minimum-wage-by-country|access-date=2021-07-28|website=worldpopulationreview.com|archive-date=2021-07-28|archive-url=https://web.archive.org/web/20210728032108/https://worldpopulationreview.com/country-rankings/minimum-wage-by-country|url-status=live}}</ref> The minimum wage is set usually higher than the lowest wage as determined by the forces of [[supply and demand]] in a [[free market]] and therefore acts as a [[price floor]]. Each country sets its own [[minimum wage law]]s and regulations, and while a majority of industrialized countries has a minimum wage, many developing countries do not.

Minimum wages are regulated and stipulated in some countries that lack explicit laws. The US has explicit minimum wage laws,<ref>{{cite web |title=Minimum Wage |url=https://www.dol.gov/general/topic/wages/minimumwage |website=DOL |publisher=U.S. Department of Labor |access-date=2 May 2025 |language=en}}</ref><ref>{{cite web |title=State Minimum Wage Laws |url=https://www.dol.gov/agencies/whd/minimum-wage/state |website=DOL |publisher=U.S. Department of Labor |language=en |date=1 January 2025}}</ref> whereas other countries such as Sweden might lack explicit laws. In Sweden minimum wages are negotiated between the [[Labour economics|labour market]] parties (unions and employer organizations) through [[collective agreements]] that also cover non-union workers at workplaces with collective agreements.<ref name="portal.research.lu.se">Anders Kjellberg (2017) [https://web.archive.org/web/20170418083350/http://portal.research.lu.se/ws/files/23904978/Kjellberg_FSNumhauserHenning_Self_Regulation_State_Regulation.pdf "Self-regulation versus State Regulation in Swedish Industrial Relations"] In Mia Rönnmar and Jenny Julén Votinius (eds.) ''Festskrift till Ann Numhauser-Henning''. Lund: Juristförlaget I Lund 2017, pp. 357–383</ref><ref name="Kollektivavtalst_ckning_samt_organisationsgrad_2017_LUP">Anders Kjellberg [http://portal.research.lu.se/portal/files/31404566/Kollektivavtalst_ckning_samt_organisationsgrad_2017_LUP.pdf ''Kollektivavtalens täckningsgrad same organisations graden hos arbetsgivarförbund och fackförbund''] {{Webarchive|url=https://web.archive.org/web/20171110224911/http://portal.research.lu.se/portal/files/31404566/Kollektivavtalst_ckning_samt_organisationsgrad_2017_LUP.pdf |date=2017-11-10 }}, Department of Sociology, Lund University. Studies in Social Policy, Industrial Relations, Working Life and Mobility. Research Reports 2017:1, Appendix 3 (in English) Tables F-G</ref>

At workplaces without collective agreements there exist no minimum wages. Non-organized employers can sign substitute agreements directly with trade unions but far from all do. The Swedish case illustrates that in countries without statutory regulation part of the labour market may not have regulated minimum wages, as self-regulation only applies to workplaces and employees covered by collective agreements (in Sweden about 90 per cent of employees).<ref name="portal.research.lu.se"/><ref name="Kollektivavtalst_ckning_samt_organisationsgrad_2017_LUP"/>

National minimum wage laws were first introduced in the [[Fair Labor Standards Act of 1938|United States in 1938]],<ref name="dol">{{cite news| url=https://www.dol.gov/agencies/whd/minimum-wage/history/chart| publisher=Department of Labor| title=History of Federal Minimum Wage Rates Under the Fair Labor Standards Act, 1938&nbsp;– 1996| date=January 31, 2015| access-date=January 31, 2015| archive-date=November 21, 2019| archive-url=https://web.archive.org/web/20191121102637/http://www.dol.gov/whd/minwage/chart.htm| url-status=live}}</ref> Brazil in 1940<ref>{{cite web|url=http://www6.senado.gov.br/legislacao/ListaPublicacoes.action?id=37717 |title=DECRETO-LEI |volume=2 |issue=162 |trans-title=Law Decree |publisher=Senado Federal [Brazilian Senate] |date=1 May 1940 |language=pt |url-status=dead |archive-url=https://web.archive.org/web/20130116004130/http://www6.senado.gov.br/legislacao/ListaPublicacoes.action?id=37717 |archive-date=16 January 2013 }}</ref> India in 1948,<ref>{{Cite web |url=https://maitri.mahaonline.gov.in/pdf/minimum-wages-act-1948.pdf |title=The Minimum Wages Act, 1948 |access-date=2017-01-27 |archive-date=2021-04-18 |archive-url=https://web.archive.org/web/20210418090727/https://maitri.mahaonline.gov.in/pdf/minimum-wages-act-1948.pdf |url-status=live }}</ref> France in 1950<ref name="France">{{cite news|url=http://www.eurofound.europa.eu/emire/FRANCE/MINIMUMWAGEGUARANTEED-FR.htm |publisher=European Foundation for the Improvement of Living and Working Conditions |title=Minimum wage (guaranteed) |date=March 31, 2006 |url-status=dead |archive-url=https://web.archive.org/web/20131029215427/https://www.eurofound.europa.eu/emire/FRANCE/MINIMUMWAGEGUARANTEED-FR.htm |archive-date=2013-10-29 }}</ref> and in the [[National Minimum Wage Act 1998|UK in 1998]].<ref name="uk">{{cite news|url=http://www.dti.gov.uk/er/nmw/nmwhist.htm |publisher=Department of Trade and Industry |title=National Minimum Wage |date=March 31, 2006 |url-status=dead |archive-url=https://web.archive.org/web/20090129174946/http://www.dti.gov.uk/er/nmw/nmwhist.htm |archive-date=2009-01-29 }}</ref> In the [[European Union]], 18 out of 28 member states have national minimum wages as of 2011.<ref name="Eurostat 2005">{{cite web|publisher=[[Eurostat]]|year=2005|title=Minimum Wages 2005: Major Differences between EU Member States|url=http://www.eds-destatis.de/en/downloads/sif/nk_05_07.pdf|archive-url=https://web.archive.org/web/20110718233256/http://www.eds-destatis.de/en/downloads/sif/nk_05_07.pdf|archive-date=18 July 2011}}</ref>

===Living wage===
{{Main|Living wage}}

The living wage is higher than the minimum wage and is designed so that a full-time worker should be able to support themselves and a small family at that wage.<ref>{{cite journal|author=Clain, S.|year=2008|title=How Living Wage Legislation Affects U.S. Poverty Rates|journal=Journal of Labor Research|volume=29|issue=3|pages=205–218|doi=10.1007/s12122-007-9028-8|s2cid=153424688}}</ref>

===Hours===
{{See also|Eight-hour day}}
The maximum number of hours worked per day or other time intervals are set by law in many countries. Such laws also control whether workers who work longer hours must be paid additional compensation.

Before the Industrial Revolution, the workday varied between 11 and 14 hours. With the growth of [[industrialism]] and the introduction of machinery, longer hours became far more common, reaching as high as 16 hours per day. The [[eight-hour day|eight-hour movement]] led to the first law on the length of a working day, passed in 1833 in England. It limited miners to 12 hours and children to 8 hours. The 10-hour day was established in 1848, and shorter hours with the same pay were gradually accepted thereafter. The 1802 [[Factory Act]] was the first labour law in the UK.

Germany was the next European country to pass labour laws. Chancellor [[Otto von Bismarck]]'s main goal was to undermine the [[Social Democratic Party of Germany]]. In 1878, Bismarck instituted a variety of anti-socialist measures, but despite this, socialists continued gaining seats in the [[Reichstag (German Empire)|Reichstag]]. To appease the working class, he enacted a variety of [[paternalistic]] social reforms, which became the first type of [[social security]].

In 1883, the Health Insurance Act was passed, which entitled workers to health insurance. The worker paid two-thirds and the employer one-third of the premiums. Accident insurance was provided in 1884, while old-age pensions and disability insurance followed in 1889. Other laws restricted the employment of women and children. These efforts, however, were not entirely successful; the working class largely remained unreconciled with Bismarck's conservative government.

In France, the first labour law was voted in 1841. It limited under-age miners' hours. In the [[French Third Republic|Third Republic]] labour law was first effectively enforced, in particular after the [[Waldeck-Rousseau 1884 law]] legalising [[trade unions]]. With the [[Matignon Accords (1936)|Matignon Accords]], the [[Popular Front (France)|Popular Front]] (1936–38) enacted the laws mandating 12 days each year of [[annual leave|paid vacations]] for workers and the law limiting the standard workweek to 40 hours.

===Health and safety===

{{Main|Occupational safety and health}}
Other labour laws involve safety concerning workers. The earliest English [[Factory Acts#Health and Morals of Apprentices Act 1802|factory law]] was passed in 1802 and dealt with the safety and health of [[child labour]]ers in [[textile]] mills.

===Discrimination===
{{Main|Anti-discrimination law}}
Such laws prohibit [[discrimination]] against employees, in particular [[racial discrimination]] or [[sexism|gender discrimination]].

===Dismissal===
{{Main|Unfair dismissal|Wrongful dismissal|At-will employment}}
[[Termination of Employment Convention, 1982|Convention no. 158]] of the [[International Labour Organization]] states that an employee "can't be fired without any legitimate motive" and "before offering him the possibility to defend himself". Thus, on April 28, 2006, after the unofficial repeal of the French [[First Employment Contract]], the [[Longjumeau]] ([[Essonne]]) ''conseil des prud'hommes'' (labour law court) judged the [[New Employment Contract]] contrary to [[international law]] and therefore "illegitimate" and "without any juridical value". The court considered that the two-years period of "fire at will" (without any legal motive) was "unreasonable", and contrary to convention.<ref name="Reuters">{{Cite news|title=Un contrat en CNE jugé contraire au droit international |date=April 28, 2006 |access-date=2006-05-05 |publisher=Reuters |url=http://today.reuters.fr/news/newsArticle.aspx?type=topNews&storyID=2006-04-28T165412Z_01_TOU860781_RTRIDST_0_OFRTP-FRANCE-EMPLOI-CNE-TRIBUNAL-20060428.XML |archive-url=https://web.archive.org/web/20060524110508/http://today.reuters.fr/news/newsArticle.aspx?type=topNews&storyID=2006-04-28T165412Z_01_TOU860781_RTRIDST_0_OFRTP-FRANCE-EMPLOI-CNE-TRIBUNAL-20060428.XML |url-status=dead |archive-date=May 24, 2006 |language=fr }}</ref><ref>{{Cite news | title=Bernard Thibault au plus haut |date=April 28, 2006 | access-date=2006-05-05 | work=[[L'Express (France)|L'Express]] | url=http://www.lexpress.fr/info/quotidien/actu.asp?id=3591 | archive-url=http://arquivo.pt/wayback/20091001054905/http://www.lexpress.fr/info/quotidien/actu.asp?id=3591 | archive-date=2009-10-01 |language=fr}}</ref>

===Child labour===
{{Main|Child labour}}
[[File: Abolish child slavery.jpg|thumb|right|Two girls wearing banners in Yiddish and English with the slogan "Abolish child slavery!!" at the 1909 [[International Workers' Day]] parade in New York City]]
Child labour was not seen as a problem throughout most of history, only disputed with the beginning of universal [[education|schooling]] and the concepts of [[labour rights|labourers']] and [[children's rights]]. Use of [[child labour]] was commonplace, often in factories. In England and Scotland in 1788, about two-thirds of persons working in water-powered [[textile]] factories were children.<ref>{{cite journal |url=http://www.galbithink.org/child.htm |title=Child Labor and the Division of Labor in the Early English Cotton Mills |publisher=Galbi Think! |date=13 June 1994 |author=Galbi, Douglas A. |journal=Journal of Population Economics |volume=10 |issue=4 |pages=357–75 |pmid=12293082 |doi=10.1007/s001480050048 |s2cid=5858814 |access-date=8 January 2006 |archive-url=https://web.archive.org/web/20060109031609/http://www.galbithink.org/child.htm |archive-date=9 January 2006 |url-status=dead |url-access=subscription }}</ref> Child labour can be factory work, mining or quarrying, agriculture, helping in the parents' business, operating a [[small business]] (such as selling food), or doing odd jobs.<ref name="Unicef"/>

Children work as guides for [[tourism|tourists]], sometimes combined with bringing in business for shops and [[restaurant]]s (where they may also work). Other children do jobs such as assembling boxes or polishing shoes. However, rather than in factories and [[sweatshop]]s, most child labour in the twenty-first century occurs in the informal sector, "selling on the street, at work in [[agriculture]] or [[child domestic work|hidden away in houses]]&nbsp;— far from the reach of official inspectors and from media scrutiny."<ref name="Unicef">{{cite web | title=The State of the World's Children 1997 | work=UNICEF | url=http://www.unicef.org/sowc97/report/ | access-date=2007-04-15 | archive-date=2011-08-09 | archive-url=https://web.archive.org/web/20110809110938/http://www.unicef.org/sowc97/report/ | url-status=dead }}</ref>

==Collective labour law==
{{main|Freedom of association}}
Collective labour law concerns the relationship between employer, employee and [[trade unions]]. Trade unions (also "labour unions" in the US) are organizations which generally aim to promote the interests of their members. This law regulates the wages, benefits, and duties of the employees, and the dispute management between the company and the trade union. Such matters are often described in a collective labour agreement (CLA).

===Trade unions===
{{Main|Trade union}}
Trade unions are organized groups of workers who engage in [[collective bargaining]] with employers. Some countries require unions or employers to follow particular procedures in pursuit of their goals. For example, some countries require that unions poll the membership to approve a strike or to approve using members' dues for political projects. Laws may govern the circumstances and procedures under which unions are formed. They may guarantee the right to join a union (banning employer discrimination) or remain silent in this respect. Some legal codes allow unions to obligate their members, such as the requirement to comply with a majority decision in a strike vote. Some restrict this, such as "[[Right-to-work law|right to work]]" legislation in parts of the United States.

In the different organization in the different countries trade union discuses with the employee on behalf of employer. At that time trade union discussed or talk with the manpower of the organization. At that time trade union perform his roles like a bridge between the employee and employer.

===Workplace participation===
{{Main|Co-determination|Industrial democracy}}
A legally binding right for workers as a group to participate in workplace management is acknowledged in some form in most developed countries. In a majority of EU member states (for example, Germany, Sweden, and France), the workforce has a right to elect directors on the board of large corporations. This is usually called "codetermination" and currently most countries allow for the election of one-third of the board, though the workforce can have the right to elect anywhere from a single director, to just under a half in Germany. However, [[German company law]] uses a split board system, in which a "supervisory board" appoints an "executive board".

Under the [[Mitbestimmungsgesetz]] 1976, shareholders and employees elect the supervisory board in equal numbers, but the head of the supervisory board with a casting vote is a shareholder representative. The first statutes to introduce board-level codetermination were in Britain, however, most of these measures, except in universities, were removed in 1948 and 1979. The oldest surviving statute is found in the United States, in the Massachusetts Laws on manufacturing corporations, introduced in 1919, however, this was always voluntary.

In the United Kingdom, similar proposals were drawn up, and a command paper produced named the Bullock Report (Industrial Democracy) was released in 1977 by the [[James Callaghan]] [[Labour Party (UK)|Labour Party]] government. Unions would have directly elected half of the board. An "independent" element would also be added. However, the proposal was not enacted. The [[European Commission]] offered proposals for worker participation in the "fifth company law directive", which was also not implemented.

In Sweden, participation is regulated through the "Law on board representation". The law covers all private companies with 25 or more employees. In these companies, workers (usually through unions) have a right to appoint two board members and two substitutes. If the company has more than 1,000 employees, this rises to three members and three substitutes. It is common practice to allocate them among the major union coalitions.

===Information and consultation===
Workplace statutes in many countries require that employers consult their workers on various issues.

===Collective bargaining===
{{main|Collective bargaining}}

===Collective action===
{{Main|Strike action|Picketing (protest)}}
[[File:Tyldesley miners outside the Miners Hall during the 1926 General Strike.jpg|right|thumb|Strikers gathering in [[Tyldesley, Greater Manchester]] in the [[1926 United Kingdom general strike]]]]

[[Strike action]] is the worker tactic most associated with industrial disputes. In most countries, strikes are legal under a circumscribed set of conditions. Among them may be that:
* The strike is decided on by a prescribed democratic process ([[wildcat strikes]] are illegal).
* [[Sympathy strike]]s, against a company by which workers are not directly employed, may be prohibited.
* [[General strike]]s may be forbidden for example, among public safety workers, to maintain [[Public-order crime|public order]].

A [[boycott]] is a refusal to buy, sell, or otherwise trade with an individual or business. Other tactics include [[go-slow]], [[sabotage]], [[work-to-rule]], [[sit-in]] or en-masse not reporting to work.<ref>{{cite web|url=http://www.af-north.org/lordstown.html |title=The Lordstown Struggle and the Real Crisis in Production |author=Weller, Ken |url-status=dead |archive-url=https://web.archive.org/web/20060213065526/http://www.af-north.org/lordstown.html |archive-date=February 13, 2006 }}</ref> Some labour law explicitly bans such activity, none explicitly allows it.

[[Picketing (protest)|Picketing]] is often used by workers during strikes. They may congregate near the business they are striking against to make their presence felt, increase worker participation and dissuade (or prevent) [[strikebreaker|strike breakers]] from entering the workplace. In many countries, this activity is restricted by law, by more general law restricting demonstrations, or by injunctions on particular pickets.

For example, labour law may restrict [[Picketing (protest)|secondary picketing]] (picketing a business connected with the company not directly with the dispute, such as a supplier), or [[flying picket]]s (mobile strikers who travel to join a picket). Laws may prohibit obstructing others from conducting lawful business; outlaw obstructive pickets allow court orders to restrict picketing locations or behaving in particular ways (shouting abuse, for example).

==International labour law==
{{Clist global labour}}
{{see also|International Labour Organization|World Trade Organization|Private international law}}
The labour movement has long been concerned that economic [[globalization]] would weaken worker bargaining power, as their employers could hire workers abroad to avoid domestic labour standards. [[Karl Marx]] said:
{{blockquote|The extension of the principle of free trade, which induces between nations such a competition that the interest of the workman is liable to be lost sight of and sacrificed in the fierce international race between capitalists, demands that such organizations [unions] should be still further extended and made international.<ref>{{cite web|url=http://www.marxists.org/archive/marx/iwma/documents/1869/basle-report.htm|author=Marx, Karl|author-link=Karl Marx|title=Report of the General Council to the Fourth Annual Congress|location=[[Basel]], Switzerland|date=September 1869|access-date=2012-10-11|archive-date=2018-07-16|archive-url=https://web.archive.org/web/20180716153215/https://www.marxists.org/archive/marx/iwma/documents/1869/basle-report.htm|url-status=live}}</ref>}}
The International Labour Organization and the World Trade Organization have been a primary focus among international bodies for regulating labour markets. Conflicts arise when people work in more than one country. EU law has a growing body of workplace rules.

===International Labour Organization===
{{main|International Labour Organization|ILO Conventions}}
Following [[World War I]], the [[Treaty of Versailles]] contained the first constitution of a new [[International Labour Organization]] (ILO) founded on the principle that "labour is not a commodity", and for the reason that "peace can be established only if it is based upon social justice".<ref>[[Treaty of Versailles]] (1919) [[s:Constitution of the International Labour Office|Part XIII]], Section I, and Article 427</ref> ILO's primary role has been to coordinate international labour law by issuing Conventions. ILO members can voluntarily adopt and ratify the Conventions. For instance, the first [[Hours of Work (Industry) Convention, 1919]] required a maximum of a 48-hour week, and has been ratified by 52 out of 185 member states. The UK ultimately refused to ratify the Convention, as did many current EU members, although the [[Working Time Directive]] adopts its principles, subject to individual opt-out.{{efn|Two further general working time conventions are the [[Forty-Hour Week Convention, 1935|Forty-Hour Week Convention]] (No. 51) and the [[Holidays with Pay Convention, 1936|Holidays with Pay Convention]] (No. 52). For general information, see {{cite book|last=Ewing|first=Keith|title=Britain and the ILO|year=1994|publisher=Institute of Employment Rights|location=London|isbn=9781873271339|edition=2nd|page=16}} }} ILO's constitution comes from the 1944 [[Declaration of Philadelphia]] and under the 1998 [[Declaration on Fundamental Principles and Rights at Work]] classified eight conventions{{efn|There are 189 Conventions, however some have been superseded by others. For instance, Conventions No. 2, 34, 96, and 181 all concern [[private employment agencies]], but only Convention 181 is in force.}} as core.

These require freedom to join a union, bargain collectively and take action (Conventions No. [[Freedom of Association and Protection of the Right to Organise Convention|87]] and [[Right to Organise and Collective Bargaining Convention|98]]), abolition of forced labour ([[Forced Labour Convention|29]] and [[Abolition of Forced Labour Convention|105]]), abolition of labour by children before the end of compulsory school ([[Minimum Age Convention, 1973|138]] and [[Worst Forms of Child Labour Convention|182]]), and no discrimination at work (No. [[Equal Remuneration Convention|100]] and [[Discrimination (Employment and Occupation) Convention|111]]). Member compliance with the core Conventions is obligatory, even if the country has not ratified the Convention in question. To ensure compliance, the ILO is limited to gathering evidence and reporting on member states' progress, relying on publicity to create pressure to reform. Global reports on core standards are produced yearly, while individual reports on countries who have ratified other Conventions are compiled on a bi-annual or less frequent basis.

[[File:Wto logo.svg|thumb|As one of the only [[international organizations]] with real enforcement power through trade sanctions, the [[WTO]] has been the target for calls by labour lawyers to incorporate global standards of the [[International Labour Organization]].]]
Because the ILO's enforcement mechanisms are weak, incorporating [[labour standards in the World Trade Organization]]'s (WTO) operation has been proposed. WTO oversees, primarily, the [[General Agreement on Tariffs and Trade]] treaty aimed at reducing [[customs]], [[tariff]]s and other barriers to import and export of goods, services and capital between its 157 member countries. Unlike for the ILO, contravening WTO rules as recognized by the [[Dispute settlement in the World Trade Organization|dispute settlement procedures]] opens a country to retaliation through [[trade sanctions]]. This could include reinstatement of targeted tariffs against the offender.

Proponents have called for a "[[social clause]]" to be inserted into the GATT agreements, for example, by amending Article XX, which provides an exception that allows imposition of sanctions for breaches of [[human rights]]. An explicit reference to core labour standards could allow comparable action where a WTO member state breaches ILO standards. Opponents argue that such an approach could undermine labour rights, because industries, and therefore workforces could be harmed with no guarantee of reform. Furthermore, it was argued in the 1996 Singapore Ministerial Declaration 1996 that "the [[comparative advantage]] of countries, particularly low-age developing countries, must in no way be put into question."<ref>{{cite web|title=Singapore Ministerial Declaration|publisher=World Trade Organization|url=http://www.wto.org/english/thewto_e/minist_e/min96_e/wtodec_e.htm|date=13 December 1996|access-date=11 October 2012|archive-date=5 June 2021|archive-url=https://web.archive.org/web/20210605114644/https://www.wto.org/english/thewto_e/minist_e/min96_e/wtodec_e.htm|url-status=live}}</ref>

Some countries want to take advantage of low wages and fewer rules as a comparative advantage to boost their economies. Another contested point is whether business moves production from high wage to low wage countries, given potential differences in worker productivity.<ref>{{cite book|author=Elliot, Kimberly Ann|editor-first=Richard B.|editor-last=Freeman|title=Can Labor Standards Improve Under Globalization?|year=2003|publisher=Institute for International Economics|location=Washington, DC|isbn=9780881323320|editor-link=RB Freeman}}</ref> Since GATT, most trade agreements have been bilateral. Some of these protect core labour standards.<ref>{{Cite book |last=Finance |first=United States Congress Senate Committee on |url=https://www.google.com/books/edition/Implementation_of_U_S_Bilateral_Free_Tra/0JQYzMw7sEMC?hl=en&gbpv=1&dq=trade+agreements+protect+labor+rights&pg=PA71&printsec=frontcover |title=Implementation of U.S. Bilateral Free Trade Agreement with Singapore and Chile: Hearing Before the Committee on Finance, United States Senate, One Hundred Eighth Congress, First Session, June 17, 2003 |date=2004 |publisher=U.S. Government Printing Office |isbn=978-0-16-071448-1 |language=en}}</ref><!--reason="many"-->{{efn|e.g. [[European Union–South Korea Free Trade Agreement]] (14 May 2011) OJ 2011 L127, Article 13. }} Moreover, in domestic tariff regulations, some countries give preference to countries that respect core labour rights, for example under the EC Tariff Preference Regulation, articles 7 and 8.<ref>{{Cite web |url=http://ec.europa.eu/taxation_customs/customs/customs_duties/rules_origin/preferential/article_781_en.htm |title=Tariff Preference Regulation (EC) No. 732/2008 Articles 7, 8, 15, and Annex II and III |access-date=2014-01-07 |archive-date=2016-08-17 |archive-url=https://web.archive.org/web/20160817174035/http://ec.europa.eu/taxation_customs/customs/customs_duties/rules_origin/preferential/article_781_en.htm |url-status=live }}</ref>

===Work in multiple countries===
{{main|Conflict of laws}}
[[Conflicts of laws]] (or [[private international law]]) issues arise where workers work in multiple jurisdictions. If a US worker performs part of her job in Brazil, China and Denmark (a "peripatetic" worker) an employer may seek to characterize the employment contract as governed by the law of the country where labour rights are least favourable to the worker, or seek to argue that the most favourable system of labour rights does not apply. For example, in a [[UK labour law]] case, ''[[Ravat v Halliburton Manufacturing and Services Ltd]]''<ref>{{cite court |litigants=Ravat v Halliburton Manufacturing and Services Ltd |court=[[United Kingdom Supreme Court]] |date=8 February 2012 |url=http://www.bailii.org/cgi-bin/markup.cgi?doc=/uk/cases/UKSC/2012/1.html&query=ravat&method=boolean |archive-url=https://web.archive.org/web/20150904000933/http://www.bailii.org/cgi-bin/markup.cgi?doc=/uk/cases/UKSC/2012/1.html&query=ravat&method=boolean |url-status=live }} ([2012] UKSC 1)</ref> Ravat was from the UK but was employed in Libya by a German company that was part of [[Halliburton]]. He was dismissed by a supervisor based in [[Egypt]]. He was told he would be hired under UK law terms and conditions, and this was arranged by a staffing department in Aberdeen. Under the UK [[Employment Rights Act 1996]] he would have a right to claim unfair dismissal, but the Act left open the question of the statute's territorial scope. The UK Supreme Court held that the principle would be that an expatriate worker, would be subject to UK rules if the worker could show a "close connection" to the UK, which was found in Rabat's case.{{efn|See also ''[[Lawson v Serco Ltd]]'' ([http://www.bailii.org/uk/cases/UKHL/2006/3.html 2006 UKHL 3]) and ''[[Duncombe v Secretary of State for Children, Schools and Families]]'' ([http://www.bailii.org/uk/cases/UKSC/2011/36.html 2011 UKSC 36]) }}

This fits within the general framework in the EU. Under EU [[Rome I Regulation]] article 8,<ref>[[Rome I Regulation]] (Regulation (EC) No 593/2008) [http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:177:0006:0006:en:PDF Full text] {{Webarchive|url=https://web.archive.org/web/20210515074204/https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ%3AL%3A2008%3A177%3A0006%3A0006%3Aen%3APDF |date=2021-05-15 }}</ref> workers have employment rights of the country where they habitually work. They may have a claim in another country if they can establish a close connection to it. The Regulation emphasises that the rules should be applied with the purpose of protecting the worker.<ref>[http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:177:0006:0006:en:PDF Rome I] {{Webarchive|url=https://web.archive.org/web/20210515074204/https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ%3AL%3A2008%3A177%3A0006%3A0006%3Aen%3APDF |date=2021-05-15 }}, recital 23 and [http://europa.eu/legislation_summaries/justice_freedom_security/judicial_cooperation_in_civil_matters/l33054_en.htm Brussels I] {{Webarchive|url=https://web.archive.org/web/20150516105154/http://europa.eu/legislation_summaries/justice_freedom_security/judicial_cooperation_in_civil_matters/l33054_en.htm |date=2015-05-16 }}, recital 13</ref>

It is also necessary that a court has jurisdiction to hear a claim. Under the [[Brussels I Regulation]] article 19,<ref>{{Cite web |url=http://europa.eu/legislation_summaries/justice_freedom_security/judicial_cooperation_in_civil_matters/l33054_en.htm |title=Brussels I Regulation (EC) No 44/2001 |access-date=2013-10-28 |archive-date=2015-05-16 |archive-url=https://web.archive.org/web/20150516105154/http://europa.eu/legislation_summaries/justice_freedom_security/judicial_cooperation_in_civil_matters/l33054_en.htm |url-status=live }}</ref> this requires the worker habitually works in the place where the claim is brought or is engaged there.

===EU law===
{{more citations needed|date=October 2013|section}}
{{main|EU law|European labour law|Directive on services in the internal market}}
The European Union has extensive labour laws that officially exclude, according to the [[Treaty on the Functioning of the European Union]], matters around direct wage regulation (e.g. setting a minimum wage), the fairness of dismissals and collective bargaining. A series of Directives regulate almost all other issues, for instance the [[Working Time Directive]] guarantees 28 days of paid holiday, the [[Equality Framework Directive]] prohibits all forms of discrimination and the [[Collective Redundancies Directive]] requires that proper notice is given and consultation takes place on decisions about economic dismissals.

The [[European Court of Justice]] has recently extended the Treaties provisions via [[case law]]. Trade unions have sought to organize across borders in the same way that [[multinational corporations]] have organized production globally. Unions have sought to take collective action and strikes internationally. This coordination was challenged in the [[European Union]] in two controversial decisions. In ''[[Laval Ltd v Swedish Builders Union]]''<ref>''[[Laval Ltd v Swedish Builders Union]]'' C-319/05 (2008) [http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:62005J0341:EN:HTML Case text] {{Webarchive|url=https://web.archive.org/web/20121009144607/http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:62005J0341:EN:HTML |date=2012-10-09 }}</ref> a group of Latvian workers were sent to a construction site in Sweden. The local union took industrial action to make Laval Ltd sign up to the local collective bargaining agreement.

Under the [[Posted Workers Directive]], article 3 lays down minimum standards for foreign workers so that workers receive at least the minimum rights that they would have in their home country in case their place of work has lower minimum rights. Article 3(7) says that this "shall not prevent application of terms and conditions of employment which are more favourable to workers". Most people thought this meant that more favourable conditions could be given than the minimum (e.g., in Latvian law) by the host state's legislation or a collective agreement.

The [[European Court of Justice]] (ECJ) said that only the local state could raise standards beyond its minimum for foreign workers. Any attempt by the host state, or a collective agreement (unless the collective agreement is declared universal under article 3(8)) would infringe the business' freedom under [[TFEU]] article 56. This decision was implicitly reversed by the European Union legislature in the [[Rome I Regulation]], which makes clear in recital 34 that the host state may allow more favourable standards.

In ''[[The Rosella]]'', the ECJ held that a blockade by the [[International Transport Workers' Federation]] against a business that was using an [[Estonia]]n [[flag of convenience]] (i.e., saying it was operating under Estonian law to avoid labour standards of Finland) infringed the business' right of free establishment under [[TFEU]] article 49. The ECJ said that it recognized the workers' "right to strike" in accordance with ILO Convention 87, but said that its use must be proportionately to the right of the business' establishment.

== National labour laws ==
=== Angola ===
{{excerpt|Human rights in Angola|Employees' rights}}

=== Australia ===
{{Main|Australian Labour Law}}The [[Fair Work Act 2009|Fair Work Act of 2009]] provides the regulations governing Australian workplaces and employers. Australia has a minimum wage and workplace conditions overseen by the [[Fair Work Commission]].<ref>{{Cite web|url=https://www.fwc.gov.au/|title=Fair Work Commission|website=Fair Work Commission|access-date=2016-07-28|archive-date=2023-05-24|archive-url=https://web.archive.org/web/20230524025925/https://www.fwc.gov.au/|url-status=live}}</ref>

=== Benin ===
{{excerpt|Human rights in Benin|Employees' rights}}

=== Belgium ===
{{excerpt|Human rights in Belgium|Employees' rights}}

=== Canada ===
[[File:Eatons_Factory_Interior.jpg|thumb|The interior of one of the Eaton's factories in Toronto, Canada]]
{{Main|Canadian labour and employment law}}
{{Expand section|date=October 2013}}
In Canadian law, "labour law" refers to matters connected with unionized workplaces, while "employment law" deals with non-unionized employees.

In 2017, Premier [[Brad Wall]] announced that Saskatchewan's government is to cut 3.5 per cent from its workers and officers' wages in 2018. This salary cut includes [[Legislative Assembly of Saskatchewan|MLA]] ministers and the Premier's office staff along with all people employed by the government. Unpaid days off will also be implemented as well as limiting overtime to assist the wage cut.<ref>{{Cite news|url=http://www.cbc.ca/news/canada/saskatchewan/sask-mlas-pay-cut-1.4013359|title=Sask. premier wants to cut overall public sector worker compensation by 3.5%|work=CBC News|access-date=2017-06-28|language=en|archive-date=2017-05-22|archive-url=https://web.archive.org/web/20170522033922/http://www.cbc.ca/news/canada/saskatchewan/sask-mlas-pay-cut-1.4013359|url-status=live}}</ref><ref>{{Cite news|url=http://globalnews.ca/news/3306834/labour-law-prof-says-layoffs-likely-as-sask-govt-rolls-back-wages-3-5-per-cent/|title=Labour law prof says layoffs likely as Sask. gov't rolls back wages 3.5 per cent|work=Global News|access-date=2017-06-28|language=en|archive-date=2021-05-01|archive-url=https://web.archive.org/web/20210501213908/https://globalnews.ca/news/3306834/labour-law-prof-says-layoffs-likely-as-sask-govt-rolls-back-wages-3-5-per-cent/|url-status=live}}</ref>

=== China ===
{{Further|Labour Law of the People's Republic of China|Labour Contract Law of the People's Republic of China}}

In [[China]] the basic labour laws are the ''[[Labour Law of People's Republic of China]]'' (1994) and the ''[[Labour Contract Law of the People's Republic of China]]'' (adopted at the 10th [[National People's Congress]], effective 2008). The administrative regulations enacted by the State Council, the ministerial rules and the judicial explanations of the [[Supreme People's Court]] stipulate detailed rules concerning various aspects of employment. The government-controlled [[All China Federation of Trade Unions]] is the sole legal labour union. Strikes are formally legal, but in practice are discouraged.<ref>{{Cite web |last=Wrest |first=Samuel |date=21 April 2017 |title=Trade Union Law and Collective Bargaining in China |url=https://www.chinabusinessreview.com/trade-union-law-and-collective-bargaining-in-china/ |work=[[China Business Review]] |access-date=8 May 2023 |archive-date=12 July 2019 |archive-url=https://web.archive.org/web/20190712200738/https://www.chinabusinessreview.com/trade-union-law-and-collective-bargaining-in-china/ |url-status=live }}</ref>

=== Czech Republic ===
In Czech Republic, the relevant regulation is called the Labour Code ({{langx|cs|Zákoník práce}}). The new labour code of the [[Czech Republic]] No.262/2006&nbsp;Sb. effective from 1 January 2007, superseded the Code of 65/1965.<ref>{{Cite journal|last = Bělina| first = Mirosla|title = Nový zákoník práce|journal = Právní rozhledy, May 9, 2006}}</ref><ref>{{cite web|title = Schválený návrh nového zákoníku na webu Ministerstva vnitra ČR|url = http://aplikace.mvcr.cz/archiv2008/sbirka/2006/sb084-06.pdf|access-date = 2023-09-11|archive-date = 2011-07-18|archive-url = https://web.archive.org/web/20110718180700/http://aplikace.mvcr.cz/archiv2008/sbirka/2006/sb084-06.pdf|url-status = live}}</ref>

=== France ===
{{Main|French labour law}}

In France, the first labour laws were [[Waldeck Rousseau]]'s laws passed in 1884. Between 1936 and 1938 the [[Popular Front (France)|Popular Front]] enacted a law mandating 12 days (2 weeks) each year of paid [[Annual leave|vacation]] for workers, and a [[Matignon Accords (1936)|law]] limited the work week to 40 hours, excluding overtime. The [[Grenelle agreements]] negotiated on May 25 and 26th in the middle of the May 1968 crisis, reduced the working week to 44 hours and created trade union sections in each enterprise.<ref>{{in lang|fr}} ''[[:fr:section syndicale d'entreprise|Section syndicale d'entreprise]]''  December 27, 1968, law</ref> The minimum wage was increased by 25%.<ref>See [[Interprofessional Guaranteed Minimum Wage]]</ref>

In 2000, [[Lionel Jospin]]'s government enacted the [[35-hour workweek]], reduced from 39 hours. Five years later, conservative prime minister [[Dominique de Villepin]] enacted the [[New Employment Contract]] (CNE). Addressing the demands of employers asking for more [[Labour market flexibility|flexibility]] in French labour laws, the CNE sparked criticism from trade unions and opponents claiming it favoured [[contingent work]]. In 2006, he then attempted to pass the [[First Employment Contract]] (CPE) through a vote by emergency procedure, but that was met by [[2006 labour protests in France|students and unions' protests]]. President [[Jacques Chirac]] finally had no choice but to repeal it.

=== Poland ===
In Poland, the main act on the Labour Law is the Polish Labour Code from 1974.<ref>{{cite web|title=Polish Labour Code|url=https://isap.sejm.gov.pl/isap.nsf/download.xsp/WDU19740240141/U/D19740141Lj.pdf/|access-date=16 December 2022|archive-date=16 December 2022|archive-url=https://web.archive.org/web/20221216093611/https://isap.sejm.gov.pl/isap.nsf/download.xsp/WDU19740240141/U/D19740141Lj.pdf/|url-status=live}}</ref> Since its introduction into the legal system the act is constantly being adapted and updated to the current reality of the labour market in Poland. The basic form of employment in Poland is an employment contract, which can be concluded for a probation period, a definite period of time or an indefinite period of time. The Polish Labour Code provides regulations on employee benefits, annual leave, termination of the employment contract, discrimination in the workplace, disciplinary liability and many other employment-related issues.<ref name=getsix>{{cite web |date=19 August 2022 |title=Social security contributions |url=https://getsix.eu/resources/doing-business-in-poland/social-security-contributions/ |access-date=25 February 2025}}</ref> Polish employment contracts can be terminated in many ways, e.g. in a disciplinary mode, by a termination with a notice period or by a mutual agreement of both parts.

Labor law in Poland is closely related to the social insurance system, which is crucial for both employees and employers. According to Polish regulations, employers are obligated to register employees with ZUS (Social Insurance Institution) and to pay contributions for pension, disability, accident, sickness, and health insurance. These insurances provide workers with protection in case of illness, work-related accidents, and guarantee benefits for old age or in case of incapacity to work. Thanks to these regulations, employees can enjoy a wide range of social and economic rights, which are an important aspect of social and financial stability in the country.<ref name=getsix/>

=== India ===
{{Main|Indian labour law}}

<!-- Copy-pasted main article's lead: -->
Over fifty national and many more state-level laws govern work in India. So for instance, a permanent worker can be terminated only for proven misconduct or habitual absence.<ref name="sharma">{{cite web|url=http://www.southasiaexperts.se/pdf/Indian%20Labour%20Law%20PDF.pdf|title=Split Legal Regime in India's Labour Laws|author=Parul Sharma|date=February 2007}}{{dead link|date=October 2013}}</ref> In the [[Uttam Nakate]] case, the [[Bombay High Court]] held that dismissing an employee for repeated sleeping on the factory floor was illegal – the decision was overturned by the [[Supreme Court of India]] two decades later. In 2008, the [[World Bank]] criticized the complexity, lack of modernization and flexibility in Indian regulations.

In the Constitution of India from 1950, articles 14–16, 19(1)(c), 23–24, 38, and 41-43A directly concern labour rights. Article 14 states everyone should be equal before the law, article 15 specifically says the state should not discriminate against citizens, and article 16 extends a right of "equality of opportunity" for employment or appointment under the state. Article 19(1)(c) gives everyone a specific right "to form associations or unions". Article 23 prohibits all trafficking and forced labour, while article 24 prohibits child labour under 14 years old in a factory, mine or "any other hazardous employment".

Articles 38–39, and 41-43A, like all rights listed in Part IV of the Constitution are not enforceable by courts, rather than creating an aspirational "duty of the State to apply these principles in making laws".[3] The original justification for leaving such principles unenforceable by the courts was that democratically accountable institutions ought to be left with discretion, given the demands they could create on the state for funding from general taxation, although such views have since become controversial. Article 38(1) says that in general the state should "strive to promote the welfare of the people" with a "social order in which justice, social, economic and political, shall inform all the institutions of national life.<ref name="wboverview"/>

Article 38(2) says the state should "minimise the inequalities in income" and based on all other statuses. Article 41 creates a "right to work", which the National Rural Employment Guarantee Act 2005 attempts to put into practice. Article 42 requires the state to "make provision for securing just and human conditions of work and for maternity relief". Article 43 says workers should have the right to a living wage and "conditions of work ensuring a decent standard of life". Article 43A, inserted by the Forty-second Amendment of the Constitution of India in 1976,[4] creates a constitutional right to codetermination by requiring the state to legislate to "secure the participation of workers in the management of undertakings".<ref name="wboverview">{{cite web|url=http://www.worldbank.org.in/WBSITE/EXTERNAL/COUNTRIES/SOUTHASIAEXT/INDIAEXTN/0,,contentMDK:20195738~menuPK:295591~pagePK:141137~piPK:141127~theSitePK:295584,00.html |title=India Country Overview 2008 |year=2008 |publisher=World Bank |archive-url=https://web.archive.org/web/20110522115104/http://www.worldbank.org.in/WBSITE/EXTERNAL/COUNTRIES/SOUTHASIAEXT/INDIAEXTN/0%2C%2CcontentMDK%3A20195738~menuPK%3A295591~pagePK%3A141137~piPK%3A141127~theSitePK%3A295584%2C00.html |archive-date=May 22, 2011 |url-status=dead }}</ref> The recently released New Labour Codes 2022 mentions that organizations can convert 9-hour shifts to 12-hour shifts and provide three days of leave every week. The 4-day workweek policy will be effective from 1 July 2022.<ref>{{Cite web |date=2022-06-28 |title=New Labour Codes: From working hours to take-home salary, what will change from July 1 in India? |url=https://www.jagranjosh.com/current-affairs/new-labour-codes-from-working-hours-to-take-home-salary-what-will-change-from-july-1-in-india-1656407338-1 |access-date=2022-06-28 |website=Jagranjosh.com |archive-date=2022-06-28 |archive-url=https://web.archive.org/web/20220628132028/https://www.jagranjosh.com/current-affairs/new-labour-codes-from-working-hours-to-take-home-salary-what-will-change-from-july-1-in-india-1656407338-1 |url-status=live }}</ref>

Also read: Labour Reforms by Government of India Ministry of Labour & Employment (https://labour.gov.in/labour-reforms {{Webarchive|url=https://web.archive.org/web/20210621014605/https://labour.gov.in/labour-reforms |date=2021-06-21 }})

=== Indonesia ===
Indonesia essentially rebuilt its labour law system in the early 2000s following regime change and with support of the ILO.<ref>{{Cite journal|last1=Rupidara|first1=Neil Semuel|last2=McGraw|first2=Peter|date=2010-11-22|title=Institutional Change, Continuity and Decoupling in the Indonesian Industrial Relations System|url=https://journals.sagepub.com/doi/10.1177/0022185610381563|journal=Journal of Industrial Relations|volume=52|issue=5|pages=613–630|language=en|doi=10.1177/0022185610381563|s2cid=154955223|access-date=2020-10-07|archive-date=2021-04-27|archive-url=https://web.archive.org/web/20210427035548/https://journals.sagepub.com/doi/10.1177/0022185610381563|url-status=live|url-access=subscription}}</ref> These three statutes constituted a new legislative framework for industrial relations:<ref>{{Cite journal|last1=Palmer, Wayne|last2=Mahy, Petra|last3=Sutherland, Carolyn Elizabeth|date=2020-09-27|title=Background Report: Labour Law and Labour Dispute Resolution in Indonesia|url=https://doi.org/10.26180/5f1f7535af85e|journal=Figshare|language=en-US|doi=10.26180/5f1f7535af85e|doi-broken-date=12 July 2025 }}</ref>

1. &nbsp; &nbsp; Law No. 21 of 2000 on Trade Unions, which allowed free unionization; and

2. &nbsp; &nbsp; Law No. 13 of 2003 on Manpower, which legislated other minimum labour rights; and

3. &nbsp; &nbsp; Law No. 2 of 2004 on Industrial Relations Disputes Settlement, established a new industrial relations dispute resolution system.

=== Iran ===
{{Main|Iranian labour law}}

{{Expand section|date=June 2008}}

<!-- Copy-pasted main article's lead: -->
Iran has not ratified the two basic Conventions of the [[International Labour Organization]] on [[freedom of association]] and [[collective bargaining]] and one abolishing child labour.<ref>{{cite web|url=http://www.ilo.org/ilolex/english/docs/declworld.htm|archive-url=https://archive.today/20120524225645/http://www.ilo.org/ilolex/english/docs/declworld.htm|url-status=dead|archive-date=2012-05-24|title=Ratification of basic Conventions}}</ref>

=== Israel ===
{{main|Israeli labor law}}{{Expand section|date=November 2022}}

=== Japan ===
{{main|Japanese labor law}}{{Expand section|date=November 2022}}

=== Lithuania ===
Lithuania began the work of rewriting the employment laws in 1996 and the Labour Code ({{langx|lt|Darbo Kodeksas}}) bill was completed in 2001.<ref name="lt-labour-code-2001">{{cite web|title=Lietuvos Respublikos darbo kodekso projekto AIŠKINAMASIS RAŠTAS|trans-title=EXPLANATORY WORD of the Labour Code of the Republic of Lithuania|url=https://e-seimas.lrs.lt/portal/legalAct/lt/TAK/TAIS.156024|language=lt|website=Parliament of Lithuania|archive-url=https://web.archive.org/web/20230914111021/https://e-seimas.lrs.lt/portal/legalAct/lt/TAK/TAIS.156024|archive-date=2023-09-14|url-status=live|access-date=14 September 2023}}</ref> It was heavily inspired by the Hungarian, Czech as well Polish laws and incorporated the vast majority of the European Union regulations.<ref name="lt-labour-code-2001"/> The new labour code was formally enacted in 2002.<ref name="lt-labour-code-2001"/> Another major reform of the labour code was implemented in 2016, bringing more [[Labour market flexibility|flexibility]], yet balancing it with [[Employment protection legislation|protection for employees]].<ref>{{cite web|title=Main Features of Lithuanian Labour Law Reform 2016|url=https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3004151|date=20 Jul 2017|access-date=14 September 2023|first=Tomas|last=Davulis|website=SSRN|ssrn=3004151|archive-date=5 December 2023|archive-url=https://web.archive.org/web/20231205001408/https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3004151|url-status=live}}</ref> The Labour Code 2016 formally entered force on 1 July 2017.

=== Mexico ===
{{Main|Mexican labor law}}
Mexican labour law reflects the historic interrelation between the state and the [[Confederation of Mexican Workers]]. The confederation is officially aligned with the [[Institutional Revolutionary Party]] (the Institutional Revolutionary Party, or PRI). While the law promises workers the right to strike and to organize, in practice it is difficult or impossible for independent unions to organize.

===Singapore===
Singapore has a "minimum legal obligation" rule which applies to employment contracts and in other fields of contracting, and limits damages payments for breach of contract. The rule applies in wrongful dismissal cases: generally, its effect would be to limit an employee's damages to the minimum [[notice period]] under which the employer could properly have dismissed the employee.<ref>[[Government of Singapore]], [https://www.elitigation.sg/gd/gd/2010_SGHC_119/pdf Aldabe Fermin v Standard Chartered Bank (2010) SGHC 119] {{Webarchive|url=https://web.archive.org/web/20221202164951/https://www.elitigation.sg/gd/gd/2010_SGHC_119/pdf |date=2022-12-02 }}, decided 22 April 2010, accessed 2 December 2022</ref> Various "general principles" have been identified which apply to the summary dismissal of employees on grounds of misconduct.<ref>Wong, R. J. J., [https://v1.lawgazette.com.sg/2013-12/918.htm Employment Contracts – Termination and Dismissal] {{Webarchive|url=https://web.archive.org/web/20230306052733/https://v1.lawgazette.com.sg/2013-12/918.htm |date=2023-03-06 }}, section on "Misconduct", accessed 6 March 2023</ref>

=== South Africa ===
{{Main|South African labour law}}
South African labour law is regulated by the [[Department of Employment and Labour]] and is based on the Labour Relations Act (LRA) 66 of 1995, which regulates the relationship between and rights of employers, employees and trade unions. The LRA also gives effect to Section 23 of the [[Constitution of South Africa|Constitution]]. The LRA lays out the procedures for dispute resolution via the Commission for Conciliation, Mediation and Arbitration (CCMA) and establishes the [[Labour Court of South Africa|Labour Court]] and [[Labour Appeal Court of South Africa|Labour Appeal Court]] as superior courts with exclusive jurisdiction to decide matters arising from the Act.<ref>{{Cite web |title=Labour Relations Act 66 of 1995 {{!}} South African Government |url=https://www.gov.za/documents/labour-relations-act |access-date=2022-11-16 |website=www.gov.za |archive-date=2022-11-16 |archive-url=https://web.archive.org/web/20221116122012/https://www.gov.za/documents/labour-relations-act |url-status=live }}</ref>

The Labour Relations Act also regulates the issue of fairness, not only in termination but during employment. In 1998, most of the laws on unfair labour practices were removed from the Labour Relations Act and placed into the newly formed Employment Equity Act (EEA). The EEA also deals with issues such as fairness regarding a worker's human immunodeficiency virus (HIV) status or disability, as well as the issue of affirmative action.

Prior to 1995, an employee could be dismissed in terms of the contract of employment, which could permit any reason for dismissal. Since 1995, an employee may be dismissed only for misconduct, operational reasons and incapacity, given that procedural fairness is maintained. The Labour Relations Act 1995 is a pivotal piece of legislation, as it recognises the need for fast and easy access to justice in labour disputes. The Industrial Court had the status of a High Court, and therefore was not accessible to all labourers.

The Basic Conditions of Employment Act (BCEA), the Health and Safety Act and the [[Skills Development Act, 1998|Skills Development Act]], must be read with the EEA. The Skills Development Act provides that a small percentage of a labourer's salary must be contributed to the Department of Labour, enabling certain workshops to be run which are designed to develop skills.<ref>{{Cite web |title=Basic Conditions of Employment Act 75 of 1997 {{!}} South African Government |url=https://www.gov.za/documents/basic-conditions-employment-act |access-date=2022-11-16 |website=www.gov.za |archive-date=2022-11-16 |archive-url=https://web.archive.org/web/20221116122023/https://www.gov.za/documents/basic-conditions-employment-act |url-status=live }}</ref><ref>{{Cite web |title=Occupational Health and Safety Act 85 of 1993 {{!}} South African Government |url=https://www.gov.za/documents/occupational-health-and-safety-act |access-date=2022-11-16 |website=www.gov.za |archive-date=2023-03-12 |archive-url=https://web.archive.org/web/20230312013717/https://www.gov.za/documents/occupational-health-and-safety-act |url-status=live }}</ref><ref>{{Cite web |title=Skills Development Act 97 of 1998 {{!}} South African Government |url=https://www.gov.za/documents/skills-development-act |access-date=2022-11-16 |website=www.gov.za |archive-date=2022-11-16 |archive-url=https://web.archive.org/web/20221116122024/https://www.gov.za/documents/skills-development-act |url-status=live }}</ref>

=== Sweden ===
{{See also|Swedish labour movement}}

In Sweden many workplace issues such as working hours, minimum wage and right to overtime compensation are regulated through collective bargaining agreements in accordance with the Swedish model of ''self-regulation'', i.e. regulation by the labour market parties themselves in contrast to ''state regulation'' (labour laws).<ref>Kjellberg, Anders (2009) "The Swedish Model of Industrial Relations: Self-Regulation and Combined Centralisation-Decentralisation", in Craig Phelan (ed.) ''Trade Unionism since 1945: Towards a Global History''. Oxford: Peter Lang, pp. 155–198. Volume 1 (Western Europe, Eastern Europe, Africa and the Middle East). {{ISBN|978-3-03911-410-8}}</ref><ref name="portal.research.lu.se"/> A notable exception is the [[Employment Protection Act (of Sweden)|Employment Protection act]] which regulates employment contracts and extensive employees' rights to employment under certain conditions.<ref>{{cite web|title=Lagen om Anställningsskydd SFS 1982:80|url=https://www.riksdagen.se/sv/dokument-lagar/dokument/svensk-forfattningssamling/lag-198280-om-anstallningsskydd_sfs-1982-80|access-date=10 April 2017|archive-date=18 April 2021|archive-url=https://web.archive.org/web/20210418101904/https://www.riksdagen.se/sv/dokument-lagar/dokument/svensk-forfattningssamling/lag-198280-om-anstallningsskydd_sfs-1982-80|url-status=live}}</ref>

=== Switzerland ===
{{main|Swiss labour law}}

The labour law of [[Switzerland]] covers all standards governing the [[employment]] of some kind. The regulation of the employment by private employers is largely harmonized at the [[Federal government|federal]] level, while public-sector employment still prevails a variety of [[cantonal]] laws. In particular, the civil standardization is distributed to a variety of laws. Of greater importance, particularly the new [[Swiss Federal Constitution|Federal Constitution]] of 1999, the [[Code of Obligations]], the [[Labour Code]] as well as in the public sector, the Federal Personnel Act.<ref>J. Brühwiler: Arbeitsrecht in der Schweiz</ref>

=== United Kingdom ===
{{Main|UK labour law}}

The [[Factory Act]]s (first one in 1802, then 1833) and the 1823 [[Master and Servant Act]] were the first laws regulating labour relations in the United Kingdom. Most employment law before 1960 was based upon contract law. Since then there has been a significant expansion primarily due to movements for equality<ref>{{cite web |url=http://www.sarahedmundslegal.co.uk/faqs/equality-british-employment-law |title=Equality In British Employment Law |publisher=Sarah Edmunds Legal |date=2013-03-28 |url-status=dead |archive-url=https://web.archive.org/web/20130313181121/http://www.sarahedmundslegal.co.uk/faqs/equality-british-employment-law |archive-date=2013-03-13 }}</ref> and the legal requirements imposed by the UK's former membership of the European Union.<ref name="Lockton">{{Cite book |last=Lockton |first=Deborah |title=Employment law |date=1999 |publisher=Macmillan |isbn=0-333-75358-5 |edition=3 |location=Houndsmills, Basingstoke, Hampshire |oclc=45639297 |page=12 }}</ref> UK employment law comes from Acts of Parliament, secondary legislation (made by a Secretary of State under an Act of Parliament), case law (developed by various courts), and retained Community law following the UK's departure from the EU.

The first significant expansion was the [[Equal Pay Act 1970]], brought in to try to ensure pay equality for women in the workplace. Since 1997, changes in UK employment law include enhanced maternity and paternity rights,<ref>{{cite web|url=http://www.citation.co.uk/employment-law/maternity-paternity |title=Employers Maternity Leave Policy, Maternity & Paternity Allowance Policy |publisher=Citation.co.uk |access-date=2013-08-18 |url-status=dead |archive-url=https://web.archive.org/web/20131016092520/http://www.citation.co.uk/employment-law/maternity-paternity |archive-date=2013-10-16 }}</ref> the introduction of a National Minimum Wage<ref>{{cite web|url=http://www.accesssolicitor.com/glossary/employment-law/ |title=Statutory Regulations In British Employment Law |publisher=Access Solicitor |date=2013-10-01 |url-status=dead |archive-url=https://web.archive.org/web/20130218114024/http://www.accesssolicitor.com/glossary/employment-law/ |archive-date=2013-02-18 }}</ref> and the Working Time Regulations,<ref>{{cite web |url=http://www.citation.co.uk/employment-law/working-time-regulations |title=Employers Working Time Regulations 1998 2009, Working Time Directive |publisher=Citation.co.uk |access-date=2013-08-18 |archive-date=2016-01-01 |archive-url=https://web.archive.org/web/20160101062317/http://www.citation.co.uk/employment-law/working-time-regulations |url-status=live }}</ref> which covers working time, rest breaks and the right to paid annual leave. Discrimination law has been tightened, with protection from discrimination now available on the grounds of age, religion or belief and sexual orientation as well as gender, race and disability.

=== United States ===
{{Main|United States labor law}}

[[File:PalmercarpenterA.jpg|thumb|right|An American builder]]

The [[Fair Labor Standards Act of 1938|Fair Labor Standards Act]] of 1938 set the maximum standard work week to 44 hours. In 1950 this was reduced to 40 hours. A [[United States Permanent Resident Card|green card]] entitles immigrants to work, without requirement a separate [[work permit]]. Despite the 40-hour standard maximum work week,<ref>{{cite web |url=http://deskinlawfirm.com/working_more_than_72_hours_in_a_week_cannot_be_required |title=Working More than 72 Hours in a Week Cannot be Required |publisher=Deskin Law Firm |access-date=2006-12-05 |archive-date=2007-01-29 |archive-url=https://web.archive.org/web/20070129191042/http://deskinlawfirm.com/working_more_than_72_hours_in_a_week_cannot_be_required |url-status=live }}</ref> some lines of work require more than 40 hours. For example, farm workers may work over 72 hours a week, followed by at least 24 hours off.<ref>Marc Linder, "Farm Workers and the Fair Labor Standards Act: Racial Discrimination in the New Deal" ''Texas Law Review'' 16 (1987): 1335–87. Online at http://nationalaglawcenter.org/wp-content/uploads/assets/bibarticles/linder_racial.pdf {{Webarchive|url=https://web.archive.org/web/20191126202131/http://nationalaglawcenter.org/wp-content/uploads/assets/bibarticles/linder_racial.pdf |date=2019-11-26 }}</ref> Exceptions to the break period exist for certain harvesting employees, such as those involved in harvesting grapes, tree fruits and cotton.

Professionals, clerical (administrative assistants), technical, and mechanical employees cannot be terminated for refusing to work more than 72 hours in a work week.<ref>Aguilar, Victoria. [http://theargroup.com/remember-exemptions-flsa/ "Remember Exemptions to the FLSA"] {{Webarchive|url=https://web.archive.org/web/20210501170126/https://theargroup.com/remember-exemptions-flsa/|date=2021-05-01}}, ''[[The AR Group, LLP]]'', Colorado, 13 January 2015. Retrieved on 15 January 2015.</ref>
These ceilings, combined with a competitive job market, often motivate American workers to work more hours. American workers on average take the fewest days off of any developed country.<ref>{{cite web |url=http://www.infoplease.com/ipa/A0922052.html |title=Paid Vacation Around the World |work=infoplease |publisher=Pearson Education |access-date=2010-07-27 |archive-date=2016-12-20 |archive-url=https://web.archive.org/web/20161220040453/http://www.infoplease.com/ipa/A0922052.html |url-status=live }}</ref>

The Fifth and Fourteenth Amendments of the [[United States Constitution]] limit the power of the [[Federal government of the United States|federal]] and [[U.S. state|state]] governments to [[discriminate]]. The private sector is not directly constrained by the Constitution, but several laws, particularly the [[Civil Rights Act of 1964]], limit the private sector discrimination against certain groups. The [[Fifth Amendment to the United States Constitution|Fifth Amendment]]<ref name=us-amendments>{{cite web |url=http://finduslaw.com/us_constitution_5th_and_14th_amendments#1 |title=US Constitution&nbsp;– 5th and 14th Amendments |publisher=findUSlaw |access-date=2006-11-15 |archive-url=https://web.archive.org/web/20070524202013/http://finduslaw.com/us_constitution_5th_and_14th_amendments#1 |archive-date=2007-05-24 |url-status=dead }}</ref> has an explicit requirement that the Federal Government not deprive individuals of "life, liberty, or property", without due process of law and an implicit guarantee that each person receive equal protection of the law.

The [[Fourteenth Amendment to the United States Constitution|Fourteenth Amendment]]<ref name=us-amendments /> explicitly prohibits states from violating an individual's rights of [[due process]] and [[equal protection]]. Equal protection limits the State and Federal governments' power to [[discriminate]] in their employment practices by treating employees, former employees, or job applicants unequally because of membership in a group, like a race, religion or sex. [[Due process]] protection requires that employees have a fair procedural process before they are terminated if the termination is related to a "liberty", like the right to [[free speech]], or a property interest.

The [[National Labor Relations Act]], enacted in 1935 as part of the [[New Deal]] legislation, guarantees workers the right to form unions and engage in collective bargaining.

The [[Age Discrimination in Employment Act of 1967]] prohibits employment discrimination based on age with respect to employees 40 years of age or older.

Title VII of the Civil Rights Act is the principal federal statute with regard to [[employment discrimination]], prohibiting unlawful employment discrimination by public and private employers, [[trade union|labour organizations]], training programmes and employment agencies based on race or colour, religion, sex and national origin. Retaliation is also prohibited by Title VII against any person for opposing any practice forbidden by statute, or for making a charge, testifying, assisting, or participating in a proceeding under the statute. The [[Civil Rights Act of 1991]] expanded the damages available to Title VII cases and granted Title VII plaintiffs the right to jury trial.<ref name="Finduslaw.com">{{cite web|url=http://finduslaw.com/civil_rights_act_of_1964_cra_title_vii_equal_employment_opportunities_42_us_code_chapter_21|title=Civil Rights Act of 1964|publisher=findUSlaw|access-date=2006-11-15|archive-url=https://web.archive.org/web/20111229033506/http://finduslaw.com/civil_rights_act_of_1964_cra_title_vii_equal_employment_opportunities_42_us_code_chapter_21|archive-date=2011-12-29|url-status=dead}}</ref>

=== USSR ===
The Soviet Union codified labour codes with the {{ill|KZoT|ru|Трудовой кодекс}} ({{langx | ru | КЗОТ}}).

=== Halakhah (Jewish religious law) ===
The beginnings of [[Halakha|halakhic]] labour law are in the Bible, in which two commandments refer to this subject: the law against delayed wages (Lev. 19:13; Deut. 24:14–15) and the worker's right to eat the employer's crops (Deut. 23:25–26). The Talmudic law—in which labour law is called "laws of worker hiring"—elaborates on many more aspects of employment relations, mainly in Tractate Baba Metzi'a. In some issues the Talamud, following the Tosefta, refers the parties to the customary law: "All is as the custom of the region [postulates]".

Modern halakhic labour law developed very slowly. Rabbi Israel Meir Hacohen (the Hafetz Hayim) interprets the worker's right for timely payment in a tendency that clearly favours the employee over the employer, but does not refer to new questions of employment relations. Only in the 1920s we find the first halakhic authority to tackle the questions of trade unions (that could easily be anchored in Talmudic law) and the right of strike (which is quite problematic in terms of Talmudic law).

Rabbis [[Abraham Isaac Kook|A.I Kook]] and [[Ben-Zion Meir Hai Uziel|B.M.H. Uziel]] tend to [[corporatism|corporatist]] settling of labour [[conflict (process)|conflict]]s, while Rabbi [[Moshe Feinstein]] adopts the liberal democratic [[collective bargaining]] model. Since the 1940s the halakhic literature on labour law was enriched by books and articles that referred to growing range of questions and basically adopted the liberal democratic approach.{{Citation needed|date=June 2023|reason='This section does not cite any sources; where is the information about the rabbis from?'}}

==See also==
{{Portal|Organized labour}}
{{div col|colwidth=22em}}
* [[Decent work]]
* [[Distributism]]
* [[Economic democracy]]
* [[Employee benefits]]
* [[Employment contract]]
* [[Family economics]]
* [[Family wage]]
* [[Industrial relations]]
* [[Job guarantee]]
* ''[[Journal of Individual Employment Rights]]''
* [[Labour inspectorate]]
* [[Labour market flexibility]]
* [[Labour movement]]
* [[Legal working age]]
* [[Living wage]]
* [[Labor market]]
* [[Labor rights]]
* [[Labor law]]
* [[Maximum wage]]
* [[Minimum wage]]
* [[Occupational burnout]]
* [[Occupational safety and health]]
* [[Occupational licensing]]
* [[Protective laws]] (on gender)
* [[Positive rights]]
* [[Precarious work]]
* [[Profit sharing]]
* [[Right-to-work law]]
* [[Ship's articles]]
* [[Trade Boards Act 1909]]
* [[Union organizer]]
* [[Vicarious liability]]
* [[Weekends]]
* [[WorkChoices]]
* [[Working poor]]
* [[Workplace Fairness]]
{{div col end}}

==Notes==
{{notelist}}

==References==
{{Reflist}}

==Further reading==
*Stephen F. Befort and John W. Budd, ''Invisible Hands, Invisible Objectives: Bringing Workplace Law and Public Policy Into Focus'' (2009) Stanford University Press
*{{cite book |title=The International Encyclopaedia for Labour Law and Industrial Relations |editor-first1=R. |editor-last1=Blanpain |url=http://www.peacepalacelibrary.nl/research-guides/special-topics/international-labour-law/ |access-date=June 26, 2014 |url-status=dead |archive-url=https://web.archive.org/web/20140609130515/http://www.peacepalacelibrary.nl/research-guides/special-topics/international-labour-law/ |archive-date=June 9, 2014 }}
*E McGaughey, ''A Casebook on Labour Law'' ([https://www.bloomsburyprofessional.com/uk/a-casebook-on-labour-law-9781849469319/ Hart 2019] {{Webarchive|url=https://web.archive.org/web/20210219200959/https://www.bloomsburyprofessional.com/uk/a-casebook-on-labour-law-9781849469319/ |date=2021-02-19 }}) 
*E McGaughey, 'Behavioural Economics and Labour Law' (2014) [https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2460685 LSE Legal Studies Working Paper No. 20/2014] {{Webarchive|url=https://web.archive.org/web/20200802225547/https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2460685 |date=2020-08-02 }} 
*Keith Ewing, Aileen McColgan and Hugh Collins, ''Labour Law, Cases, Texts and Materials'' (2005) Hart Publishing
*S Deakin, C Barnard, Z Adams and S Fraser-Butlin, ''Labour Law'' (2021) Hart Publishing {{ISBN|978-1-84113-560-1}}
*Keshawn Walker and Arn Morell, "''Labor and Employment: Workplace Warzone''", Georgetown University Thesis (2005)
*{{cite book|title=P. L. Malik's Industrial Law (Covering Labour Law in India) (2 Volumes with Free CD-ROM)|publisher=Eastern Book Company|isbn=9789351451808|pages=1–3656|edition=2015}}
*{{cite book|title=Labour Laws – A Primer|year=2011|publisher=Eastern Book Company|isbn=9789350281437|pages=1–224|edition=2011}}

==External links==
{{wiktionary}}
*{{Cite NIE|wstitle=Labor Legislation|short=x}}
*{{Cite EB1911|wstitle=Labour Legislation|volume=16|pages=7–28|first=Carroll Davidson|last=Wright|author-link=Carroll D. Wright}}

{{Employment|sp=ox}}
{{Law|sp=ox}}
{{Organized labor|sp=ox}}
{{Insurance}}
{{Authority control}}

{{DEFAULTSORT:Labour Law}}
[[Category:Labour law| ]]
[[Category:Labor relations]]
[[Category:Social programs]]
[[Category:Employment compensation]]
[[Category:Working conditions]]
[[Category:Working time]]
[[Category:Industrial and organizational psychology]]