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
Journeymen and assistants may quit work without notice before the
expiration of the contract time:
1. If they become incapable of continuing work;
2. If the employer or his representatives are guilty of violence
or abuse towards the workers or their relatives;
3. If the employer or his representatives or their relatives lead
or seek to lead the workers or their relatives into illegal or
immoral courses, or if they unite with relatives of the workers in
committing illegal or immoral acts;
4. If the employer does not pay the wage due to the workers in the
manner prescribed, if, under the piece-work system, he does not
provide them with sufficient employment, or if he is guilty of
illegally over-reaching them;
5. If, by continuing the work, the life or health of the workers
would be exposed to a demonstrable risk which was not apparent at
the time of entering into the contract.
In the cases mentioned under No. 2, quitting service without notice is
no longer permissible if the grounds thereof have been known to the
workers for longer than one week.
Sec. 124_a_.
Besides the cases specified in Sec.Sec. 123 and 124, each party may, in cases
where urgent reasons exist, demand to be released from working relations
before the expiration of the contract time and without observing the due
period of notice, if the contract is for longer than four weeks, or if a
longer period of notice than fourteen days has been agreed upon.
Sec. 124_b_.
If a journeyman or assistant has quitted work illegally, the employer
may claim compensation for the day of the breach of contract and for
each following day of the contract time or legal working time, during
one week at most, to the amount of the local customary daily wage (Sec. 8
of the Insurance against Sickness Act of June 15, 1883; _Imperial Law
Gazette_, p. 73). This claim need not rest upon proof of loss. When thus
made good, claim for fulfilment of contract and further compensation for
loss is precluded. The journeyman or assistant shall enjoy the same
right against the employer, if he has been dismissed before the legal
ending of the working relations.
Sec. 125.
Any employer inducing a journeyman or assistant to quit work before the
legal ending of working relations, shall himself be liable to the former
employer for loss arising, or for the legal compensation claim under Sec.
124_b_. In the same manner an employer shall be answerable if he takes
into his employ a journeyman or assistant who to his knowledge is still
contracted to any employer.
Any employer shall also be liable under the foregoing sub-section if he
employs a journeyman or assistant, who to his knowledge is still
contracted to another employer, throughout the duration of such term;
the claim expires after fourteen days from the date of the illegal
dissolution of working relations.
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