The Theory and Policy of Labour Protection. Germany. Laws, statutes, etc.

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СКАЧАТЬ and trading industry, and it must be extended still further to meet existing needs for protection.

      Neither is industrial Labour Protection factory protection alone, nor even factory and quasi-factory protection alone, but beyond that it is also workshop protection, and, especially in its latest developments, protection of household industry, and perhaps even more or less of family industry; industrial home-work especially, from the Erz-Gebirge in Saxony, to the London sweating dens, admits of and actually suffers, from an amount of oppression which calls for special Labour Protection. We call attention to these facts in order to clear away certain still widespread misconceptions before we enter upon the classification of labour with respect to protective legislation. Particulars will be given in Chapters IV. to VIII.

      CHAPTER III.

      SURVEY OF THE EXISTING CONDITIONS OF LABOUR PROTECTION

      In the first chapter we learnt to recognise the special character of Labour Protection in the strict sense of the term. We must further learn what is its actual aim and scope.

      Labour Protection strictly so called, represents presumably the sum total of all those special measures of protection, which exist side by side with free self-help and mutual help, and with the ordinary state protection extended to all citizens, and to labourers among the rest. And such it really proves to be on examination of the present conditions and already observable tendencies of Labour Protection.

      We shall only arrive at a clear and exhaustive theory and policy of Labour Protection both as a whole and in detail by examining separately and collectively all the phenomena of Labour Protection.

      This will necessitate in the first place a comprehensive survey of the existing conditions of Labour Protection, and to this end a regular arrangement of the different forms which it takes.

      In sketching such a survey we have to make a threefold division of the subject; first, the scope of Labour Protection, in the strict sense of the term; secondly, the various legislative methods of Labour Protection; and thirdly, the organisation of Labour Protection (as regards courts of administration, and their methods and course of procedure). In considering the scope of Labour Protection we have to examine the special measures adopted to meet the several dangers to which industrial wage-labour is exposed.

      The following survey shows the actual field of labour protective legislation, as well as the wider extension which it is sought to give thereto.

I. Scope of Labour Protection

      A. Protection against material dangers.

      1. Protection of employment; and this of two kinds, viz.: —

      (i.) Restriction of employment;

      (ii.) Prohibition of employment.

      a. Protection of working-time with regard to the maximum duration of labour:

      General maximum working-day.

      Factory maximum working-day (unrestricted in the case of adults – restricted in the case of “juvenile workers” and women).

      b. Protection of intervals of rest:

      Protection of daily intervals – of night-work – of holidays – Sundays and festivals.

      2. Protection during work:

      Against dangers to life, health, and morals, and against neglect of teaching and instruction, incurred in course of work.

      3. Protection in personal intercourse: —

      In the personal and industrial relations existing between the dependent worker and the employer and his people (truck-protection).

      B. Protection of the status of the workman (protection in the making and fulfilment of agreements) which may also be called:

      Protection of agreement, or contract-protection.

      1. Protection on entering into agreements of service, and throughout the duration of the contract:

      Protection in terms of agreement and dismissal,

      Protection against loss of character.

      2. Regulation of admissible conditions of contract, and of legal extensions of contract.

      3. Protection in the fulfilment of conditions after the completion of service agreements.

II. Various Legislative Methods of Labour Protection

      Compulsory legal protection – protection by the optional adoption of regulations.

      Regulation under the code – regulation by special enactment.

III. Organisation of Labour Protection

      1. Courts by which it is administered:

      A. Protection by the ordinary administrative bodies —

      Police,

      Magistrates,

      Church and School authorities,

      Military and Naval authorities.

       B. Protection by specially constituted bodies,

      1. Governmental:

      a. Administrative:

      Industrial Inspectorates (including mining experts),

      “Labour-Boards,”

      Special organs: local, district, provincial, and imperial;

      b. Judicial:

      Judicial Courts,

      Courts of Arbitration.

      2. Representative: (trade-organisations):

      “Labour-Chambers,”

      “Labour Councillors,”

      Councils composed of the oldest representatives of the trade,

      Labour-councils: local, district, provincial, and imperial.

II. Methods of Administration and Administrative Records

      a. Methods:

      Hearing of Special Appeals,

      Granting periods of exemption,

      Fixing of times,

      Regulating of fines,

      Application of money collected in fines, etc.

      b. Records:

      Factory-regulations,

      Certificates of health,

      Factory-list of children employed,

      Official overtime list,

      Labour log-book,

      Inspector’s report (with compulsory-publication and international exchange),

      International СКАЧАТЬ