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
According to administrative and judicial usage in Germany, corresponding
to customary usage, the word "industry" is now applied to all such
branches of legitimate private activity as are directed regularly and
continuously towards the acquirement of gain, with the following
exceptions: agriculture and forestry (market-gardening excepted),
cattle-breeding, vine-growing, and the manufacturing of home-raised
products of the soil (except in cases where the manufacturing is the
main point and the production of the material only a means towards
manufacturing, as in the case of sugar refineries and brandy
distilleries).
In spite of this last limitation the meaning of the term "industrial
labour," as used in the Code, extends far beyond the limits of
wage-labour in the manufacturing of materials. For the provisions of
the Imperial Industrial Code for the protection of labour expressly
include, either wholly or partially, mining industries, commerce,
distribution, and all carrying industries other than by rail and sea.
But the need of Labour Protection is also felt in certain occupations
which are indeed counted as industries in common parlance, but which are
expressly excluded from the jurisdiction of the Industrial Code; amongst
these are the fisheries, pharmacy, the professions of surgery and
medicine, paid teaching in the education of children, the bar and the
whole legal profession, agents and conductors of emigration, insurance
offices, railroad traffic and traffic by sea, _i.e._ as affecting the
seamen.
Clearly no exception ought to be taken to the extension of Labour
Protection to any single one of these branches of industry, in so far as
they are carried on by wage-labourers in need of protection. This ought
especially to apply to private commercial industries with reference to
Sunday rest, and to public means of traffic, in the widest sense of the
term, and to navigation. A fairly comprehensive measure of protection
for this last branch of work has already been provided in Germany by the
Regulations for Seamen of December 27, 1872.
Furthermore, the need of protection also exists in callings which do not
fall under the head of industries even in the customary use of the term.
Taking our definition of industry as an exercise of private activity for
purposes of gain, we clearly cannot include in it the employments
carried on under the various communal, provincial and imperial
corporate bodies, at least such of them as are not of a purely fiscal
nature, but are directed towards the fulfilment of public or communal
services, not even such as are worked at a profit. There is clearly,
however, a necessity for protection in government work, and this has
already been recognised (cf. the _von Berlepsch_ Bill, art. 6, Sec. 155, 2,
Appendix).
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