Germany -- Politics and government -- 1918-1933; Germany. Verfassung (1919)
The existence and the activity of free vocational associations, that
is to say, the unions of workers and employers, are not affected by
the institution of Councils. Article 165, par. 1, expressly recognizes
vocational organizations of workers and employers. In theory the spheres
in which the Councils and these organizations respectively move are
distinct, and the differences between them naturally result from the
difference in the aims of the two organizations. After the Constitution,
as well as before, these unions of employés and workers had as their
function the regulation of the conditions of labour and of wages with
the aid of collective agreements; whereas the Workers Councils and the
Economic Councils are concerned with questions other than the contractual
determination of the conditions of labour and wages. But we shall soon
see that in practice this separation is extremely difficult to maintain
and that it gives rise to considerable difficulties between the Councils
and the unions.
3.--FACTORY WORKERS COUNCILS.
I.--Of the different organisms provided by the Constitution, which shall
be created first?
Some wanted to start from above. They wanted, said these, to organize
first the National Economic Council, and to charge it immediately with
the important functions attributed to it by the Constitution, as in the
conditions prevailing in Germany at present these powers should not
remain without titular direction. They desired also that the National
Economic Council prepare and propose the bills necessary for the
organization of inferior councils. In other words, the National Economic
Council was asked to be the Constituent Assembly for the future Economic
Constitution.
Others wanted to commence from below, so as to erect the edifice
progressively, and not to construct an upper story before the one below
it was sufficiently built to afford a solid foundation.
It was the latter opinion that prevailed. On August 9, 1919, the Cabinet
announced a bill creating the Factory Workers Councils. It was urgent,
said the Cabinet, that these Councils be created first, because there
already existed in many enterprises Workers Councils; some of them had
been created by the provisions of collective contracts, others by the
will of the workers which had made itself felt during the Revolution, but
both kinds of Workers Councils lacked altogether a legal standing.
The bill expressed the idea that the power, hitherto accorded to the
Committees of Salaried Employés and Wage-Earners should be transferred
to the Factory Workers Councils, but that these powers should be
considerably enlarged. This bill was such as could be expected from a
Cabinet in which there co-operated, in addition to the Social Democrats,
the Centre and Democrats. It corresponded to the economic and social
ideas of the trade unionists of all shades, ideas evolutionary and not
revolutionary.
From Right and Left the most strenuous criticisms were directed against
this bill.
Public-domain text, read in full here on John Shaqi.
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