The Theory and Policy of Labour ProtectionSchäffle, A. (Albert)
General
The Theory and Policy of Labour Protection
Schäffle, A. (Albert)
Labor laws and legislation -- Germany
The regular, not merely the accidental and occasional, meeting of the
inspectors with the body of employers and workers is a recognised
practical necessity; a less bureaucratic system of industrial management
is demanded on all sides. Regularly appointed ordinary and special
meetings with the Labour Chambers would no doubt accomplish much. The
inspector ought to be accessible to the expression of all wishes,
advice, and complaints; but, on the other hand, he should not yield
blind obedience to the rulings and representations of such organs. The
industrial inspector must be, and must remain, an officer of the State,
capable of acting independently of either class, appointed by
government; only under these circumstances can he perform the duties of
his office with firmness and impartial justice; in his appointment, in
his salary, and in the exercise of his official duties he should be
furnished with every guarantee to insure the independence of his
judgment. It is nowise incompatible with this that he should be open to
receive representations, whether in the way of advice, information, or
complaint. The more he lays himself open to such in the natural course
of work, the more important will his duties and position become, both on
his circuits and in his office. The right of appeal to higher courts can
always be secured to the Labour Chambers in cases of complaint. But how
should representative bodies of this kind be formed?
In answering this question care must be taken above all not to confound
such public Labour Chambers as are suggested in the Auer proposals with
voluntary joint committees of both classes. Each of these representative
organs requires its own special constitution.
The voluntary unions appoint committees for the security of class
interests, and especially for the purpose of making agreements as to
conditions of work. The election of these representative bodies ought to
be made by both classes with unrestricted equal eligibility of all,
including the female, members of any union, and without predominance of
one class over the other, or of any section of one class.
I have already in a former article (see also above, Chap. V.) laid
great stress upon the development of this voluntary or conciliatory
representation of both classes as a means of union which can never be
replaced by the other or legal form of representation.
The need for a representative system in the organs of the different
forms of state-aid to labour is quite another matter.
Their tasks require special, public, legalised representation, with
essentially only the right of deliberation; but they may also decide by
a majority of votes questions which lie within the sphere of their
competence.
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