lesson 2 reduced more

ancient times

• main from= slavery

• ensalved people had no legal personality or rights

• salvery often resulted from war conquests and was hereditary

• some free labour existed through roman service contracts

Middle Ages

• decline of slavery= christianity promoted the idea that all humans have value so slavery decreased among Christians but still existed for non christians

• serfdom liked to feudism= serfs worked on land belonging to the lord

  • serfs were technically free but could not leave the land

  • the lord took part of the agricultural production

• guild work form of free labour= work organised through guilds (professional corporations_

  • three levels= master journey man and apprentice

  • guilds regulated working conditions training and production

modern age

• disovery of America increased labour demand so seen

  • indigenous populations enslaved

  • African slaves being imported

• trade expanded and service contracts became more common

• guild continued until 19th century

liberal revolution 18th century

• American and French Revolution welcomed ideas of economic liberalism

  • freedom of work, free markets , limited state intervention

• Adam smith argued that markets function through the invisible hand

• guilds declined and labour became part of a labour market

Industrial Revolution

• technical change=

  • the steam engine creation and

  • development of factories

• social change=

  • rapid population growth increased demand for goods and services so labour

  • rural migration to cities

  • emergence of the working class exchanging labour for money

• work organisation=

  • Taylorism= scientific management and efficience

  • fordism= mass production and assembly lines

the social question

• industrialisation created major social problems with workers facing

  • long working hours

  • low wages

  • unsafe conditions

  • child labour

  • no social protection

• although labour relations were based on civil law contracts there was no real equality between employer an worker

birth of labour law 19-20th century

• purpose=

  • protect workers

  • set minimum working conditions

  • limit employer power

• introduced

  • power imbalance between e and w

  • state intervention is necessary

  • collective representation of workers and employers

early labour law in Spain

• spain industrialised later than other ountries

• early laws called factory laws focused on

  • protecting women and children

  • accident protection

  • working hour limitations

protection of women and children

• bento law 1873=

  • minimum working age of 10

  • limited working hours for minors

  • no night work for minors

  • required education for child workers

• law 1878= prohibited dangerous performances for children ie acrobatics

• law1900=

  • women could not work for 3 weeks post child birth

  • breastfeeders received daily breastfeeding breaks

• law of the chair 1912= required employers to provide seats for female workers and later males in 1918

work accident protection

• work accidents law 1900=

  • employers responsible for accidents even without fault= objective liability

  • marked beginning of social security fir spain

regulation of working time

• Sunday rest law 1904

• limits on working hours in certain sectors like mining and textiles

• major reform 1919 decree= introduced 8 hour working day

enforcement of labour law

• laws often ignored early on so enforcement mechanisms devloped

  • labour infection 1906= monitor compliance wit labour law

  • industrial courts for labour disputes later became labour courts and now social jurisdiction

development of the employment contract

• labour relations shift from civil service contracts to employment contracts

• key laws

  • labour code 1926

  • employment contract law 1931

• created a specific legal framework for employment relationships

collective labour law

• initially trade unions were criminalised and strikes were illegal

• key reforms

  • law on associations= legalised trade unions 1887

  • law on strikes= strikes no longer crimes 1909

  • employment contracts law 1931= legalised strikes and collective agreements

franco regime 1939- 1975

• labour charter 1938=

  • work is a social duty

  • the state controls labour relations

  • workers receive some protections like holidays and ss

• suppression of collective rights=

  • trade union freedom abolished

  • workers had to joint state controlled unions vertical unions with no bargaining power

  • strikes became crimes again

late franco reforms

from 1950s

• collective agreement recognised 1958

• partial legalisation of strikes 1965

democratic transition

• after Francis death 1975 spain democratised

• royal decree 17/1977= legalised strikes and collective conflicts

• Spanish constitution 1078= spain becomes a social and democratic state

• workers state 1980= main law regulating labour relations providing protection to indidvual workers

modern challenges

1. automation and robotics

2. corporate control of workers

3. telework

4. work life balance

5. psychosocial risks

6. gender equality

7. protection of vulnerable workers