The Birth of the Labor Law

The provision of services when performed for another person has always existed, but had no legal relationship rules, it was the Industrial Revolution and the rise of a capitalist society through the bourgeois revolution was born labor law.

There were 4 factors that have given rise to labor law:

1.A Sociological Factor: identified with the social consequences of the Industrial Revolution. During the second half of s.18 and s.19 European society underwent a radical transformation as a result of the Industrial Revolution, and still the most important social effects it produced by the introduction of mechanization, which required a heavy investment capital and thus separating ownership of the goods and the means of production and ownership of the workforce. This change in ownership of means of production and property carried with it important changes:

- A change in work organization, the guild system the artisan's workshop and manufacturing is no longer made sense way to the factories, this will lead to a division and specialization in work and the hierarchy of it.

- A change in the structure of the working population and the birth of a new social class: the proletariat, which owns only their labor and voluntarily accept the conditions imposed on him, and whose only way out is to sell the work force a price for living, the emergence of wage labor is the basis of the appearance and development of DT.

Capitalist production relations are that the employer's benefit will be greater the lower the cost and price of labor, consequently there will be a natural conflict of interest between the employer and employee.

2.A Legal Factor: In the field of law will have triumphed liberal ideology, the existence of Individual Rights and Liberal liberalism promoted in the product of the French Revolution and the Industrial Revolution. These freedoms are focused on:

- The Free Contracting: Taming of dedicating the autonomy in hiring. The employment relationship is legally channeled through civil contract leasing services.

- The suppression of workers' association to negotiate working conditions, unions were considered to jeopardize society and freedom of the law of supply and demand.

Reaction 3.La Labor Movement: The dogma of faith of the Civil Code was the autonomy of the parties, but soon the civil law was that equality was extremely uneven, the Lease Services (1886) was inadequate could not balance the inequality of the parties.

With the industrial boom there was any kind of rules governing working conditions and created a situation exploitative.

The third factor was the emergence of the labor movement as a reaction against this inequality, the inadequacy of existing legislation and the new system of capitalist production. This awareness and association for self-defense led to other movements arose reaction (Marxist Catholic Church.).

Stage 1: Stage 1 of the labor movement was weak in that he tried was an organization of mutual character, creating pools to cover social risks.

STEP 2: Now the labor movement and politics, had very clear ideas, which were founded with an idea criticism of the capitalist economic system and a willingness to reform the economic system and the very foundations of it. The labor movement. Assume a revolutionary character in terms of change is concerned.

This is how the labor union under the influence of two ideologies: Anarchism and Marxism.

This reaction of the labor movement was accompanied by the State had to intervene with the most radical positions that arose and intervention could only be bill before the failure of civil law.

The 1as. standards regulated hours, age restrictions, freedom of the parties began to limit and improve freedom of the worker.

The labor law was created to harmonize the normal social conflict emerged.

4. State Intervention in Labor Relations: Due to the pressure of the labor movement, political parties and unions, there is state intervention.

Labour law has a strong Tuitiva, protector of the weaker subject of employment: work.

There are three stages of intervention in the employment relationship. :

1 ª. Mid-nineteenth century. Where the state of isolation and self-conscious legislation protecting the interests of weaker groups of workers (children and women) or important aspects of its operation + (day or drudgery).

2 nd. 1919. It is a more determined step forward. Consequences of this stage are two very important phenomena:

1-The constitutionalisation of labor standards. (Post the Weimar Constitution, the first to recognize workers' social rights)

2-The Internationalization of labor law (Creation of the International Labour Organization ILO).

3 rd. In 1945. consolidation and expansion of worker rights, recognizes the Right to Freedom of Association, the association, the rights groups. It will create specialized administrations (Labour Inspectorate).

The DT is the result of all these factors. Although the answers to social questions are historically different, depending on the country, there are two models of labor relations. :

-Anglo-Saxon countries, enhance collective legislation and judicial mediation to regulate state laws and predominantly industrial bourgeoisie.

-In Latin countries, where state intervention is paternalistic and authoritarian state who will be imperative to protect the laws and predominantly agrarian bourgeoisie.

Labor relations are complex. Thus, any doubt or event it is advisable to hire a labor lawyer.