Germany -- Politics and government -- 1918-1933; Germany. Verfassung (1919)
(5) They establish in agreement with the employers rules concerning the
hiring of wage-earners and salaried employés and they have the right to
oppose their discharge. In the respect to the former, the law specifies
that the rules relative to hiring must contain no provision by virtue
of which the hiring of a worker would be affected by his political,
military, religious or union activities. When these rules permit it, the
right of the Factory Workers Council, in so far as it concerns the hiring
of a worker, is waived and it is the boss or his representative who
thereafter decides in each particular case of hiring. But if the boss or
his representative violates the rule of contract, the Council of Workers
or the Council of Employés may raise a protest. If an agreement is not
thereupon reached between the boss and the council, the difficulty is
taken before the competent Arbitration Committee which decides finally.
On the other hand, in regard to discharges, the law of February 9 gives
to the discharged worker the right to appeal it to the Workers Council,
and, if an agreement is not reached by this Council, to appeal to the
Arbitration Committee in any of the following circumstances: (a) If
the discharge is due to the fact that the worker is active in certain
political, military, denominational or trade union matters or that he
belongs or does not belong to this or that political, denominational, or
labour organization; (b) if the discharge is without cause; (c) if the
worker is discharged because he has refused to do any piece of work other
than that agreed upon when he was hired; (d) if the discharge appears
particularly severe, and justified neither by the attitude of the worker
nor by the situation in the industry.
(B) _Differences between Employers and Workers._
The Factory Workers Councils maintain harmony among the workers as well
as between them and the employer, and insure the liberty of organization
among the workers. They must help avoid all troubles or disorders that
may make difficulties between the employers and the workers, and if such
arise, they must abate the trouble as soon as possible.
It is not the part of the Factory Workers Councils to take sides in
economic disputes in favour of this or that tendency. It is the organ of
all the workers of any industry taken together, and it must permit any
labour organization, no matter to what tendency it belongs, to enjoy all
the rights and all the control to which it is entitled.
(C) _The Well-Being of the Workers._
(1) The Factory Workers Councils must combat the dangers of occupational
accidents and diseases.
(2) They must co-operate in the creation of pension funds, the building
of workers’ homes, and other institutions of well-being in the factory.
* * * * *
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