Employment protections that seem basic were each contested when introduced, and the sequence in which they arrived is instructive.
The starting position
Employment was treated as a contract between equals, with terms freely agreed.
Which ignored the enormous imbalance in bargaining power between an individual and an employer.
Combinations of workers were prohibited in several jurisdictions, making collective negotiation illegal.
Child labour
Among the earliest areas regulated, following documentation of conditions in factories and mines.
Which produced minimum ages, hour limits and requirements for education.
Enforcement required inspectors, and the establishment of inspection was as significant as the rules themselves.
Hours
Limits on working hours followed, initially for children and women and later generally.
Which was opposed on grounds of freedom of contract and of economic damage.
Evidence that output did not fall proportionally with hours accumulated and was influential.
Safety
Machinery guarding, ventilation, and later systematic risk assessment.
Which followed documented injury and disease, with several industrial diseases identified through concentrations of cases in particular trades.
Compensation schemes for industrial injury developed alongside, shifting cost from workers to employers and creating an incentive for prevention.
Collective bargaining
Legal recognition of unions and of the right to organise.
Which developed at different times in different countries and remains contested.
Coverage of collective agreements varies enormously between countries and correlates with wage distribution.
Discrimination
Prohibitions on discrimination by defined characteristics developed largely in the second half of the twentieth century.
Which covered different characteristics at different times in different jurisdictions.
Enforcement mechanisms, and who bears the burden of proof, determine effectiveness substantially.
Unfair dismissal
Protection against termination without adequate reason and process.
Which varies enormously between jurisdictions, from extensive protection to employment at will with narrow exceptions.
Qualifying periods before protection applies exist in several systems and have been adjusted repeatedly.
The classification question
Protections generally attach to employment status, which means classification determines coverage.
Which has become central as platform work has grown, with litigation in many jurisdictions about whether platform workers are employees, self-employed or an intermediate category.
Outcomes have varied, and several jurisdictions have legislated to define the position.
Anyone with a specific employment question should get advice from a qualified adviser, since the position depends on jurisdiction and on individual circumstances.
Working time regulation
Limits on hours, minimum rest periods and paid annual leave codified in several jurisdictions.
Which followed evidence on fatigue, safety and health, and specific sectors with safety implications are regulated more tightly.
Driving hours and aviation duty limits are the clearest examples of safety-driven working time rules.
Whistleblowing
Protection for workers disclosing wrongdoing.
Which is legislated in most developed countries with varying scope, covering who is protected and what disclosures qualify.
Requiring internal disclosure before external protection applies is common and is a documented deterrent.
Parental leave
Entitlements vary enormously between countries in duration, payment and transferability.
Which affects labour market participation and the distribution of care measurably.
Shared and non-transferable parental leave designed to encourage take-up by both parents has been introduced in several countries, with uptake varying with payment levels.
Enforcement
Rights depend on mechanisms to enforce them, and tribunal fees, time limits and legal cost rules all affect access.
Which means the same rights produce different outcomes depending on how accessible enforcement is.
Health and safety frameworks
Modern frameworks generally require employers to assess risks and take reasonably practicable measures rather than specifying every rule.
Which is a goal-setting rather than prescriptive approach, adopted following review of the previous rule-based system.
It places the assessment obligation on the party with the knowledge and control.
Consultation and representation
Requirements to consult employees on matters affecting them, including through elected representatives.
Which exists in various forms and is considerably stronger in some jurisdictions than others.
Works councils and board-level employee representation exist in several countries and not in others.
Minimum wage
Introduced in many countries during the twentieth century and extended since.
Which was opposed on the grounds that it would reduce employment, and the empirical literature has found effects that are generally smaller than predicted.
The debate continues regarding the level at which effects become substantial.
Remote work
Raises questions about working time, health and safety at home, expenses and jurisdiction.
Which existing frameworks address imperfectly, since they assumed a workplace the employer controls.
Cross-border remote work creates tax and employment law complications that catch employers unprepared.
Enforcement bodies
Labour inspectorates, employment tribunals and specific enforcement agencies for minimum wage and agency work.
Which vary enormously in resourcing, and inspection rates in several countries are low enough that detection is unlikely without a complaint.
Complaint-driven enforcement disadvantages workers least able to complain.
Gig and platform work
Classification determines which protections apply, and litigation has produced different outcomes in different jurisdictions.
Which has prompted legislation defining the position in several countries, generally establishing presumptions of employment status subject to rebuttal.