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
For this reason Labour Protection has no connection with any aids to
labour, beyond the limits of protection against the employer in
service-relations; it has nothing to do with any attempts to ward off
and remedy distress of all kinds, and otherwise to provide for the
general welfare of the working classes; its scope does not extend to
provisions for meeting distress caused by incapacity for work, or want
of work, _i.e._ Labour Insurance, nor to the prevention and settlement
of strikes, nor to improved methods of labour-intelligence, nor to
precautions against disturbances of production or protection against the
consequences of poverty by various methods of public and private
charity, savings-banks, public health-regulations, inspection of food,
and suppression of usury by common law. Although these are mainly or
principally concerned with labourers, and are attempts to protect them
from want, yet they are not to be included in Labour Protection in its
strict sense. For this, as we have seen, includes only those measures
and regulations designed to protect the wage-labourer in his special
relations of dependence on his employer.
And indeed we must draw the limit still closer, and apply the word only
to the relations between certain defined wage-earners and certain
defined employers. Measures which are designed to protect the entire
labouring class or the whole of industry, do not, strictly speaking,
belong to the category of Labour Protection. Neither can we apply the
term to that protection which workmen and employers alike should find
against the recent abnormal development of prison competition, although
by recommending this measure in their latest Industrial Rescript (the
Auer Motion[2]) the Social Democrats by a skilful move have won the
applause of small employers especially. For the same reason we do not
include protection by criminal law against the coercion of non-strikers
by strikers, exercised through personal violence, intimidation or abuse;
these are measures to preserve freedom of contract, but they have no
connection with the relations of certain defined wage-earners to certain
defined employers. Furthermore, Labour Protection does not include
preservation of the rights of unions, and of freedom to combine for the
purpose of raising wages, except or only in so far as particular
employers, singly or in concert, by means of moral pressure or
otherwise, seek to endanger the rights of particular wage-earners in
this respect. It is almost unnecessary to add that Labour Protection
does not include the "protection of national labour" against foreign
labourers and employers, by means of protective duties, for this is
obviously not protection against dangers arising from the service
relations between certain defined wage-earners and employers.
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