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 wider measures of Labour Protection demanded by the Berlin
Conference, and the _von Berlepsch_ Bill,[16] I conclude therefore to be
nothing more than a fully justifiable and harmless corollary and
supplement to the Social Policy of the Emperor William II. and of Prince
Bismark.
By following in the paths already trodden without ill results by
separate countries, long ago by some, only lately by others, in paths
therefore which have to a certain degree been explored, this policy will
need to be subjected to fewer alterations than that great and noble
policy of Labour Insurance which has struck out in entirely new paths,
and too often worked in consequence by somewhat unpractical methods.
FOOTNOTE:
[16] See Appendix.
APPENDIX.
INDUSTRIAL CODE AMENDMENT BILL (GERMANY).
[_June 1st, 1891_].
We, William, by the grace of God Emperor of Germany, etc., decree
in the name of the Empire, by and with the consent of the Federal
Council and Reichstag, as follows:--
_Article I._
After Sec. 41 of the Industrial Code shall be inserted:
Sec. 41_a_.
Where, in accordance with the provisions of Sec.Sec. 105_b_ to 105_h_,
employment of assistants, apprentices and workmen is prohibited in any
trading industry on Sundays and holidays, no industrial business shall
be carried on on those days in public sale-rooms.
This provision shall not preclude further restrictions by common law of
industrial business on Sundays and holidays.
_Article II._
After Sec. 55 of the Industrial Code shall be inserted.
Sec. 55_a_.
On Sundays and holidays (Sec. 105_a_, 2) all itinerant industrial business,
so far as it is included in Sec. 55 (1) 1-3, shall be prohibited, as well
as the industrial business of the persons specified in Sec. 42_b_.
Exceptions may be allowed by the lower administrative authorities. The
Federal Council is empowered to issue directions as to the terms and
conditions on which exceptions may be allowed.
_Article III._
Chapter VII. of the Industrial Code shall be amended as follows:--
CHAPTER VII.
Industrial workers (journeymen, assistants, apprentices, managers,
foremen, mechanics, factory workers).
I. GENERAL RELATIONS.
Sec. 105.
The settlement of relations between independent industrial employers and
workers shall be left to voluntary agreement, subject to the
restrictions laid down by imperial legislation.
Sec. 105_a_.
Employers cannot oblige their work people to work on Sundays or
holidays.
This, however, does not apply to certain kinds of work mentioned further
on. Holidays are determined by the State Governments in accordance with
local customs and religious belief.
Sec. 105_b_.
There shall be no work on Sundays and holidays in mines, salines,
smelting works, quarries, foundries, factories, workshops, carpenters'
yards, masons' and shipbuilders' yards, brick-fields, and buildings of
any kind.
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