Labour law

The function and origins of labour law

Labour law arose due to the demands of workers for better conditions and the right to organise, and the simultaneous demands of employers to restrict the powers of workers' organisations and keep labour costs low. Employers costs can increase due to workers organising to win higher wages, or by laws emposing costly requirements, such as health and safety or equal opportunities conditions.

Workers' organisations, such as trade unions, can also transcend purely industrial disputes, and gain political power - some people in society may be opposed to this. The state of labour law at any one time is therefore both the product of, and a component of the conditions for, struggles between different interests in society.

For example, workers' and trade union legal rights in the United States are relatively restricted, compared to most European countries. However, the compartmentalization between different laws systems mean that illegal aliens, for example, may work in the same sectors as full citizens (although they most often work in difficult and tiring jobs which natives don't want).

As a counter-example, if labor laws are more protective in France, due to social, historic and cultural differences, illegal aliens may not be legally contracted. Thus, they have a more difficult time finding jobs and often work in the underground economy. However, if they do manage to get residency or, better yet, be naturalized, than they will get better labor conditions than US immigrants.

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