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
Even where this extraordinary or special Labour Protection is exercised
by the regular administrative and judicial authorities, it still takes
the form of special regulations of private law, punitive and
administrative, directed exclusively or mainly to the protection of
labourers in their service-relations. To this extent, at any rate, it
has a special and extraordinary character. Very frequently, as for
instance in the German Industrial Code, such protection is placed in the
hands of the ordinary administrative and judicial authorities, and a
portion of it will continue to be so placed for some time to come.
But the administration of Labour Protection, properly so called, is
tending steadily to shift its centre of gravity more and more towards
special extraordinary organs. These organs are partly executive
(hitherto State-regulated factory inspection and industrial courts of
arbitration), but they are also partly representative; the latter may be
appointed exclusively for this purpose, or they may also be utilized for
other branches of work in the interests of the labourer and for the
encouragement of national industry, and they bear in their organisation,
or at least to some extent in their action, the character of public
institutions.
(4) Labour Protection is essentially protection of industrial
wage-labour, and excludes on the one hand the protection of agricultural
workers and those engaged in forestry, as well as of domestic servants,
and on the other hand, the protection of State officials and public
servants.
It may no doubt be that special protection is also needed for
non-industrial wage-labour and for domestic servants, but the material
legal basis, the organisation and methods of procedure, of these further
branches of Labour Protection, will demand a special constitution of
their own. The regulations of domestic service and the Acts relating to
State-service in Germany constitute indeed a kind of Labour Protection,
certainly very incomplete, and quite distinct from the rest of Labour
Protection, properly so-called. Even if the progress of the Social
Democratic movement in this country were to bring on to the platform of
practical politics the measure already demanded by the Social Democrats
for the protection of agricultural industry[3] on a large scale, even
then protection of those engaged in agriculture and forestry would need
to receive a special constitution, as regards the courts through which
it would be administered, the dangers against which it would be
directed, and its methods and course of administration. Whilst therefore
we readily recognise that both protection of domestic servants and a
far-reaching measure of agricultural Labour Protection, in the strict
sense of the term, may eventually supervene, we yet maintain that this
must be sharply distinguished for purposes of scientific, legislative,
and administrative treatment from what we at present understand by
Labour Protection.
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