Germany -- Politics and government -- 1918-1933; Germany. Verfassung (1919)
ECONOMIC POWERS.--(1) The Factory Workers Council aids by its technical
advice the employer in giving the factory as high an economic efficiency
as possible, and co-operates in introducing in the factory new methods
of work. This co-operation on the part of the Factory Workers Council
assumes that the employer keeps it in touch with the condition in the
industry and with the most important events in it. The Council may
therefore demand that the employer supply the Factory Committee, or the
Council with all the necessary information on the work and the condition
of workers, and that he show the pay-rolls--for the purpose of checking
up with the schedules agreed upon by collective contracts--and all other
documents necessary for the supervision of the execution of collective
agreements. This right of inspection is limited in two respects. On
the one hand, the Factory Workers Council can only examine records on
the economic aspects of the factory, thus excluding all political,
union, militarist, denominational, scientific or other investigations
on the part of the Councils. On the other hand, the law specifies that
this right of examination must not be exercised in such a way that it
jeopardizes secrets of the factory or commerce. The question remains as
to what must be understood as a secret of the factory or of commerce;
this must be settled by judicial decision. From the first moment
commentators on the law of February 4th, held that business contracts,
records of profits and loss, the schedules and pay-rolls, estimates of
net cost, and the purchase price of raw material are not questions that
the Factory Workers Councils are forbidden to investigate. In addition
the employer must at least once every quarter furnish the Factory Workers
Council with a report on the situation and the progress in general of
the factory, on its output and on its prospective needs in the way
of workers. Finally the Factory Council may demand that every year a
balance sheet for the factory and a statement of profit and loss for
the preceding year shall be submitted to the Factory Committee, or the
Council, if there is no Factory Committee.
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