The Existence of Employment Law: Safeguarding Workers' Rights and Ensuring Fair Treatment

Employment law exists to protect workers and ensure that businesses operate in a fair and ethical manner. The origins of this legislation can be traced back to the early 20th century, when Franklin D. Roosevelt made a pivotal statement that emphasized the need for living wages and safe working conditions. This article will explore the reasons behind the existence of employment law and its significance in modern society.

Franklin D. Roosevelt's Statement on Employment Law

In his inaugural address on January 20, 1933, President Franklin D. Roosevelt laid down a simple but profound proposition: 'Nobody is going to starve in this country.' Following this, he further stated, 'It seems to me to be equally plain that no business which depends for existence on paying less than living wages to its workers has any right to continue in this country' (FDR, 1933).

This statement underscores the importance of labor laws and the necessity of ensuring that businesses provide fair wages and safe working conditions. It lays the foundation for later laws that would protect workers from exploitation and ensure their well-being.

Ensuring Safe Working Conditions and Fair Treatment

The need for employment legislation is also driven by the desire to prevent disasters that result from unsafe working conditions. Historical events, such as the 1911 Triangle Factory fire in New York City and the 2010 Upper Big Branch coal mine explosion in West Virginia, serve as stark examples of the dire consequences of neglecting occupational safety regulations.

The Triangle Factory fire, where 146 employees, mostly women and girls, lost their lives, highlighted the urgent need for improved safety measures in workplaces. The Upper Big Branch coal mine explosion, which claimed the lives of 29 miners, further emphasized the importance of enforcing strict health and safety standards. These tragedies underscore the critical role of employment law in safeguarding the lives of workers.

Protection Against Business Threats

Another key reason for the existence of employment law is to protect employees from business threats that they might not be able to control. Businesses often shoulder a significant amount of liability and responsibility, yet they can be at the mercy of clients who have the power to terminate contracts without cause. This can lead to financial hardship for employees, as their livelihoods depend on their employment with that business.

Furthermore, if a business needs to retrench employees, the process can be lengthy, costly, and emotionally draining. Laws often require employers to follow a formal procedure before retrenchment, which can be a protracted and costly legal battle involving labor disputes. In contrast, business clients who do not require employees to take the same risks can be subject to fewer regulations and protections.

This irony of the situation is that those who do not risk as much are often given greater legal protections, while those who take on significant risks have less protection. Employment law seeks to rectify this imbalance by providing workers with the necessary safeguards and rights to ensure they are treated fairly and with dignity.

Employment law is a complex and multifaceted field, with its roots in humanitarian principles and the need to protect vulnerable workers. By understanding the reasons behind its existence, we can better appreciate the importance of these laws in maintaining a just and equitable society.