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The Sanctity of Contracts in English Law - College of Social ...

The Sanctity of Contracts in English Law - College of Social ...

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Labour Legislation 33Revolution and <strong>of</strong> the social and economic changesfollow<strong>in</strong>g two World Wars, the legislature has remodelledmuch <strong>of</strong> the framework and contents <strong>of</strong> our<strong>in</strong>dustrial law. In no part <strong>of</strong> it has this been morepronounced than <strong>in</strong> the law <strong>of</strong> contracts. Examplescan be given from the fields <strong>of</strong> Factory and similarlegislation and <strong>of</strong> Trade Union law.Speak<strong>in</strong>g generally <strong>English</strong> law secures to anemployed person the freedom to work and use hisskill and to decide for whom he shall work; andit secures to an employer formal freedom to determ<strong>in</strong>ewhom he shall employ. 27 This is the freedom to whichparticular regard is had when reference is made tothe movement from status to contract. But eventhroughout the n<strong>in</strong>eteenth century the legislature<strong>in</strong>troduced many and varied restrictions on this freedom.Thus, for social and humanitarian reasons,women were prohibited from work<strong>in</strong>g underground<strong>in</strong> m<strong>in</strong>es; boys and girls (now up to the school-leav<strong>in</strong>gage <strong>of</strong> 15) were debarred from employment <strong>in</strong> factories,m<strong>in</strong>es, quarries and other <strong>in</strong>dustrial undertak<strong>in</strong>gs.Prohibitions or limitations have been imposed on theemployment <strong>of</strong> young persons (male and femaleemployees between school-leav<strong>in</strong>g age and 18 years)<strong>in</strong> connection with dangerous mach<strong>in</strong>ery and thelift<strong>in</strong>g and mov<strong>in</strong>g <strong>of</strong> heavy weights.Furthermore, dur<strong>in</strong>g the last century and thepresent one, the legislature has imposed numerous27 <strong>The</strong> legislature has now created an important exception tothis right. Under the Disabled Persona (Employment) Act,1944, an employer <strong>of</strong> 20 or more persons must give employmentto a quota <strong>of</strong> registered disabled persons or at leastbe ready to allocate vacancies for that purpose.

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