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 every Sunday and holiday the workpeople of such establishments must
be allowed a rest of at least 24 hours, for two consecutive holdings of
36 hours; and for Christmas, Easter and Whitsuntide of 48 hours. The
period of rest must be counted from midnight, and in the case of two
consecutive holidays must last till 6 p.m. of the second day. In
establishments where regular day and night gangs are employed, the
period of rest may commence at any time between 6 p.m. of the preceding
week-day and 6 a.m. of the Sunday or holiday, provided that the work is
completely suspended for 24 hours from such commencement.
The assistants, apprentices and workpeople in small trades and
handicrafts must not be employed on Christmas Day, Easter Sunday and
Whit Sunday; on other Sundays and holidays they must not be employed for
more than five hours.
By statutory regulation of the parish or municipal authorities, such
Sunday work can be further restricted or entirely prohibited for
particular branches of trade. For the last four weeks before Christmas,
and for particular Sundays and holidays, which, owing to local
conditions call for greater activity in trades, the police authorities
may order an extension of the hours of work up to ten. The hours of work
must be so fixed as to admit of attendance at Divine worship. The hours
may be variously fixed for the different branches of trading industry.
Sec. 105_c_.
The provisions of 105_b_ do not apply:
1. To work which must be carried on without delay in cases of
necessity and in the public interest;
2. To the work of keeping the legally prescribed register of Sunday
labour;
3. To the work of watching, cleaning and repairing the workshops,
required for the regular continuance of the main business or of
some other business, nor to any work on which depends the
resumption of the full daily working of the business, wherever such
work cannot be carried on during working days;
4. To such work as may be necessary in order to protect from damage
raw materials or the produce of work, wherever such cannot be
carried on during working days;
5. To the supervision of such work as is carried on on Sundays and
holidays, in accordance with the provisions of clauses 1 to 4.
Employers must keep an accurate register of the workmen so employed on
each Sunday and holiday, stating their number, and the hours and nature
of the work. The register must be produced for examination at any time
at the request of the local police authorities or of the official
specified in Sec. 139_b_.
If the Sunday employment exceeds three hours, or prevents the workpeople
from attending Divine worship, a rest of 36 hours must be given to such
workpeople every third Sunday, or they must be free every second Sunday
from 6 a.m. to 6 p.m.
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