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
Further extension beyond the two weeks, or for more than forty days in
the year, can only be granted by the higher court of administration,
and by it, only on condition that in the business or in the department
of business in question, the total average number of hours per day,
calculated over the whole year does not exceed the legal limit.
Application shall be made in writing, and must set forth the grounds on
which such extension is requested, the number of women workers affected,
the amount of employment, and the length of time required.
The decision of the lower court of administration on the application
shall be given in writing within three days. Appeal against refusal of
permission may be lodged with the superior court.
In cases where the extension is granted the lower court of
administration shall draw up a schedule, in which shall be entered the
name of the employer, and a copy of the statements contained in the
written application.
The lower court of administration may permit the employment of such
women workers being over 16 years of age, as have not the care of a
household, and do not attend an educational school, in the kinds of work
specified in Sec. 105 (1), 2 and 3, on Saturdays and the eve of festivals,
after 5.30 p.m., but not after 8.30 p.m.
The permit shall be in writing, and shall be kept by the employer.
Sec. 139.
If natural causes or accidents shall have interrupted the business of a
factory, exceptions to the restrictions laid down in Sec.Sec. 135 (2), (3),
136, 137 (1) to (3), may be granted by the higher court of
administration, for a period of four weeks, and for a longer time by the
Imperial Chancellor. In urgent cases of such a kind, and also where
necessary, in order to guard against accidents, exceptions may be
granted by the lower court of administration, but only for a period of
fourteen days.
If the nature of the business, or special considerations attaching to
workers in particular factories, seem to render it desirable that the
working time of women and young workers should be regulated otherwise
than as laid down by Sec.Sec. 136 and 137 (1), (3), special regulations may be
permitted on application, by the higher court of administration, in the
matter of intervals, in other matters by the Imperial Chancellor. But in
such cases young workers shall not be employed for longer than six
hours, unless intervals are granted between the hours of work, of an
aggregate duration of at least one hour.
Orders issued in accordance with the foregoing provisions shall be in
writing.
Sec. 139_a_.
The Bundesrath (Federal Council) shall be empowered:
1. To entirely prohibit or to attach certain conditions to the
employment of women and of young workers in certain branches of
manufacture which involve special dangers to health or morality;
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