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
IIIA. RELATIONS OF BUSINESS MANAGERS, FOREMEN, SKILLED TECHNICAL
WORKERS.
Sec. 133_a_.
The service relations of such persons, as are employed by directors of
industry for certain defined purposes, and are charged, not merely
temporarily, with the conduct and supervision of the business, or of a
department of the business (business managers, foremen, etc.), or are
entrusted with the higher kinds of technical service work (experts in
machinery, mechanical engineers, chemists, draughtsmen, and the like),
may, if not otherwise agreed, be broken off by either party at the
expiration of any quarter of the calendar year, after notice has been
given six weeks previously.
Sec. 133_b_.
Either party may, before the expiration of the contract time, demand
dissolution of service relations without observing the due period of
notice, provided sufficiently important reasons exist to justify the
dissolution under the circumstances.
Sec. 133_c_.
Dissolution of service relations may be demanded, in particular, of the
persons specified in Sec. 133_a_.
1. If at the time of concluding the contract, they have deceived
the employer by presenting false or falsified testimonials, or if
they have deceived him as to the existence of another service
relation, to which they were simultaneously bound;
2. If they are unfaithful in service or if they abuse confidence;
3. If they quit service without permission, or persistently refuse
to fulfil the obligations imposed upon them by the service
contract;
4. If they are hindered in the performance of service by protracted
illness, or by long detention or absence;
5. If they are guilty of violence or insult towards the employer or
his representatives;
6. If they pursue an immoral course of life.
In the case of No. 4, the worker's claim for the fulfilment of contract,
by the employer, shall remain in force for six weeks, if the performance
of service has been hindered by some unavoidable misfortune; but in such
cases the claim shall be limited to the amount that is legally due to
the claimant as insurance against sickness or accident.
Sec. 133_d_.
The persons specified in Sec. 133_a_ may demand dissolution of service
relations, in particular:
1. If the employer or his representatives are guilty of violence or
insult towards them;
2. If the employer does not provide the work agreed upon in the
contract;
3. If, by the continuance of service relations, their life or
health would be exposed to demonstrable danger, which was not
apparent at the time of entering into service-relations.
Sec. 133_e_.
The provisions of Sec.Sec. 124_b_ and 125 shall apply to the persons specified
in Sec. 133_a_, but not the provisions of Sec. 119_a_.
IV. RELATIONS OF FACTORY WORKERS.
Sec. 134.
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