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LS220 Assignment 1

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Copperbelt University

School Of Law

Chishimba Greeson Lungu

LS220 /Employment and Labour Law

[Chisanga Mutale]

21st November 2023

Assignment 1

Employment and labour laws have evolved significantly over time due to various

changes in society, economy, and technology. These changes have had a profound

impact on the rights and obligations of employers and employees, as well as on the

overall structure of the labour market. This comprehensive analysis will examine the
most relevant changes that have influenced the evolution of employment and labour

law in the past, present, and future, along with their consequences for employment

and labour.

Past Changes

The British Health and Morals of Apprentices Act of 1802, also known as the Factory

Act of 1802, was a significant landmark in the development of modern labour law.

This act was one of the first legislative attempts to regulate the conditions of

industrial employment and protect the welfare of workers, particularly young

apprentices, in the burgeoning factories of the Industrial Revolution. In 1815, Zürich

and, subsequently, France in 1841, enacted legislation to safeguard the rights of

young individuals. This commitment to protecting the younger population was

echoed in 1848 when the citizens' assembly, known as the Landsgemeinde, in the

Swiss canton of Glarus, introduced the first legal restriction on the working hours of

adults. The National Labor Relations Act (NLRA) of 1935, commonly known as the

Wagner Act, was a landmark legislation in the United States that significantly

impacted unionism and labour relations. In addition, the formation of the International

Labour Organisation (ILO) in 1919, as an integral component of the Treaty of

Versailles, marks a pivotal moment in the advancement of global labour law.

Operating as a specialised agency under the United Nations, the ILO is entrusted

with the mission of championing social justice and universally acknowledged human
and labour rights. Throughout its existence, the ILO has played a crucial role in

moulding labour laws and setting standards, impacting policy decisions, and

nurturing a collaborative dialogue involving governments, employers, and workers

(wilfred,2023). As a member of the International Labour Organisation (ILO) and an

active participant in international trade agreements, Zambia is subject to global

labour standards. The development of Zambia's labour and employment laws has

been significantly shaped by the legal frameworks inherited from its colonial rulers,

the British. However, post-independence, notable reforms were implemented. One

such reform was the 1965 Employment Act, which introduced fundamental

employment conditions, including provisions related to housing allowances, working

hours, work schedules, and entitlements to leave(Mbolela,2021).

Present Changes

The increasing interconnectedness of economies through globalisation has had a

profound impact on employment and labour law. Globalisation has facilitated the

movement of capital, goods, services, and labour across borders, leading to new

challenges in regulating international employment relationships. International trade

agreements often include provisions related to labour standards and protection. The

rapid advancement of technology, particularly in the digital age, has transformed the

nature of work and created new employment relationships. The rise of the gig
economy, characterised by short-term contracts and freelance work facilitated by

online platforms, has raised questions about the classification of workers and their

entitlement to employment benefits. Additionally, automation and artificial intelligence

have led to concerns about job displacement and the need for retraining and

upskilling. Changing demographics, such as an ageing population and increased

workforce diversity, have influenced employment and labour laws. Governments

have implemented measures to address issues related to age discrimination, gender

pay gaps, and workplace accommodations for individuals with disabilities. Family-

friendly policies, such as parental leave and flexible working arrangements, have

also been introduced to accommodate changing societal

expectations(mckinsey,2018).

Future Changes

The continued development of automation and artificial intelligence is expected to

reshape the labour market significantly. While automation can lead to increased

productivity and efficiency, it may also result in job displacement. Employment and

labour laws may need to address issues such as retraining programs, income

support during transitions, and potential ethical considerations surrounding AI use in

the workplace. As societal attitudes towards work-life balance evolve, there may be a

greater emphasis on flexible working arrangements and alternative forms of

employment. Employment laws may need to adapt to accommodate non-traditional


work arrangements, such as remote work or compressed workweeks. Additionally,

there may be a need for regulations addressing digital privacy and cybersecurity

concerns in the context of remote work (CCH,2020).

Consequences for Employment and Labor

Past changes in employment and labour law, driven by labour movements and social

welfare reforms, have led to improved worker protections. These include regulations

addressing workplace safety, minimum wage standards, overtime pay, and

protection against discrimination. Such protections aim to ensure fair treatment and

prevent exploitation. Employers now have increased responsibilities to comply with

labour laws, including providing a safe work environment, fair compensation, and

respecting workers’ rights to organise and bargain collectively. Failure to meet these

obligations can result in legal consequences, such as fines or lawsuits

In Conclusion, the development of employment and labour laws has undergone

notable transformations over the course of history, spurred by diverse societal,

economic, and technological shifts. Historical amendments were instigated by the

advent of industrialization, the emergence of labour movements, and initiatives in

social welfare reforms. Present-day alterations are markedly influenced by the forces

of globalisation, advancements in technology, and demographic transitions.

Projections for future changes anticipate the impact of climate change, automation,

and shifting expectations regarding the work-life dynamic. These legal evolutions
carry substantial implications for both employers and employees, encompassing

heightened safeguards for workers, augmented responsibilities for employers,

evolving structures of employment relationships, and the imperative to navigate

forthcoming challenges.

References

Mbolela(2021), Employment Law Notes

Retrieved from

https://www.studocu.com/row/document/university-of-zambia/employment-law/

employment-law-notes/53602541

Schregle, J. and Jenks, . C. Wilfred (2023, November 6). labour law. Encyclopedia

Britannica. https://www.britannica.com/topic/labour-law

Mckinsey Global Institute(2018)The Changing Nature of Work: A Review of the

Evidence

A Global Guide” by CCH Incorporated (2020), Employment and Labor Laws

Statutes
1965 Employment Act

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