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
The legislative machinery of Labour Protection is not confined to the
Industrial Code. There are two ways of enacting such protection: extra
protection going beyond the ordinary Industrial Regulations may be
enacted by way of amendments or codicils to their ordinary protective
clauses, or on the other hand it may be lodged in special laws and
enactments, to be worked by specially constituted organs. The latter
method has to be followed in the case of municipal or State-controlled
means of traffic. In Germany, Labour Protection in mining industries is
supplied by the Industrial Code, with special additions however in the
form of Mining Acts to designate the scope of the protection and the
means through which it works. There are, moreover, also special Acts,
such as those which apply to the manufacture of matches.
All wage-earners, not only those protected by the Industrial Code, but
also those protected by special acts and special organs, are included in
that industrial wage-labour which comes within the scope of protective
legislation. By industrial wage-earners we mean therefore all such
wage-earners as need protection in the dependent relations of service,
whether such be enumerated in the Industrial Code or by definition
expressly excluded from it.
This is the conclusion at which the Berlin Conference also finally
arrived. The report of the third commission (pp. 77 and seq.) states:
"Before concluding its task, the third commission has deemed it
advisable to define the strict meaning of certain terms used in the
Resolutions adopted, especially the phrase 'industrial establishments'"
(_etablissements industriels_). Several definitions were proposed. First
the delegate from the Netherlands proposed the following definition: "An
industrial establishment is every space, enclosed or otherwise, in which
by means of a machine or at least ten workmen, an industry is carried
on, having for its object the manufacture, manipulation, decoration,
sale or any kind of use or distribution of goods, with the exception of
food and drink consumed on the premises."
The proposal of the Italian delegates ran as follows: "Any place shall
be called an industrial establishment in which manual work is carried on
with the help of one or more machines, whatever be the number of workmen
employed. Where no engine of any kind is used, an industrial
establishment shall be taken to mean any place where at least ten
workmen work permanently together."
A French delegate, M. Delahaye, read out the following suggestion, which
he proposed in his own name: "An industrial establishment denotes any
house, cellar, open, closed, covered or uncovered place in which
materials for production are manufactured into articles of merchandise.
Moreover, a certain number (to be agreed on) of workmen must be engaged
there, who shall work for a certain number (to be agreed on) of days in
the year, or a machine must be used."
Public-domain text, read in full here on John Shaqi.
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