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
It shall be left to the owner of the factory to insert in the working
rules, together with the provisions of sub-section (1) from 1 to 5,
further provisions for the regulation of the business and the conduct of
the workers employed in it. With the consent of the standing committee
of workers, directions may be inserted in the working rules, as to the
conduct of the workers in the use of arrangements, provided for their
benefit in the factory, also directions as to the conduct of workers
under age, outside the factory.
Sec. 134_c_.
The contents of the working rules shall be, unless contrary to law,
legally binding on employers and workers.
No grounds shall be agreed upon in the contract of work, for dismissal
from work, other than those laid down in the working rules or in Sec.Sec. 123
or 124.
No fines shall be imposed on the workers other than those laid down in
the working rules. Fines must be fixed without delay, and information
thereof must be given to the worker.
The money fines imposed shall be entered in a register which shall set
forth the name of the offender, the day of imposition, the grounds, and
the amount of the fine, and this register shall be produced for
inspection at any time, at the request of the officer specified in Sec.
139_b_.
Sec. 134_d_.
Before the issue of working rules, or of supplements to the same,
opportunity shall be given to the workers of full age, employed in the
factory or in the departments of the business, to which the rules in
question apply, to express their opinion on the contents of the same.
In factories in which there is a standing committee of workers the
requirements of this provision shall be satisfied by granting a hearing
to the committee, on the contents of the working rules.
Sec. 134_e_.
The working rules and any supplement to the same shall, on communication
of opinions expressed by the workers, provided such expression be given
in writing or in the form of protocols, be laid before the lower court
of administration in duplicate, within three days after the issue,
accompanied by a declaration showing that, and in what manner the
requirements of the enactment of Sec. 134_d_ have been satisfied.
The working rules shall be posted up in a specially appointed place,
accessible to all the workers to whom they apply. The placard must
always be kept in a legible condition. A copy of the working rules shall
be handed to every worker upon his entrance into employment.
Sec. 134_f_.
Working rules or supplements to the same, which are not issued in
accordance with these enactments, or the contents of which are contrary
to legal provisions, shall be replaced by legal working rules, or shall
be altered in accordance with legal enactment, by order of the lower
court of administration.
Appeal against this order may be lodged within two weeks, with the
higher court of administration.
Sec. 134_g_.
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