The Theory and Policy of Labour Protection — John Shaqi
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
Moreover, even now agricultural labour is not entirely lacking in
special protection. The regulations for domestic service contain
fragments of protection of contract and truck protection. Russia has
passed a law for the protection of agricultural labour (June 12, 1886)
in Finland and the so-called western provinces, which regulates the
peculiar system of individual and plural[4] agreements between small
holders and their dependents, and is also designed to afford protection
of contract to the employer.
(5) The industrial wage-labour dealt with by the Industrial Code, and
the industrial wage-labour dealt with by State Protection, are not
entirely identical, though nearly so.
For on the one hand there are wage-labourers employed in occupations not
included in industrial labour in the sense of the Code, who yet stand in
need of special protection from the State; while on the other hand there
are bodies of industrial labourers dealt with in the Code, who do not
need or who practically cannot have this extraordinary protective
intervention of the State, being already supplied with the various
agencies of free self-help, family insurance, and mutual aid.
When we are concerned with Labour Protection therefore, both in theory
and practice, it is evident that we have to deal with industrial
wage-labour in a limited sense, not in the general sense in which the
term occurs in the Industrial Code, while at the same time we must not
fail to recognise that even the older Industrial Acts, in so far as they
referred to wage-labour, were already Labour-protective Acts of a kind.
The limits of wage-labour as affected by the Industrial Code, and of
wage-labour as affected by State protection, have this in common, that
both extend far beyond wage-service in manufacturing business
(industry, in its strict sense). For this reason we must examine into
this point a little more closely in order to determine the exact scope
of Labour Protection.
In our present Industrial Code the terms "industrial labour" and
"industrial establishments" are almost uniformly used in the sense given
to them by the German Industrial Code of 1869. Industrial labour is
wage-labour in all those occupations within the jurisdiction of the
Code.
But the Code gives no positive legal definition of the word "industry."
Both in administrative and judicial reference the word is used loosely
as in common parlance, and the Code only particularises certain
industries out of those with which it deals as requiring special
regulations and special organs for the administration of these special
regulations.
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