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 Spanish delegate stated that he would refrain from voting on the
question, because he was of opinion that instead of using the term
"industrial establishment," it would be better to say "the work of any
industries and handicrafts which demand the application of a strength
greater than is compatible with the age and physical development of
children and young workers." According to his opinion no weight ought to
be attached to the consideration whether the work is carried on within
or outside of an establishment. After a discussion between the delegates
from France, Belgium and Holland, and after receiving from the
Luxembourg delegate a short analysis of foreign enactments on this
point, the Committee unanimously adopted a proposal made by the
delegates from Great Britain, and supported by Belgium, Germany,
Hungary, Luxembourg, and Italy. The proposal was as follows: "By
'industrial establishments' shall be understood those which the Law
regulating work in the various countries shall designate as such whether
by means of definition or enumeration."
A consideration of the discussions raised in paragraphs 1 to 5 results
in the following definition of Labour Protection: _the extraordinary
protection extended to those branches of industrial wage-labour which
claim, and are recognized as requiring, protection against the dangers
arising out of service relations with certain employers, such
protection being exercised by special applications of common law,
punitive and administrative, either through the regular channels or by
specially appointed administrative, judicial, and representative
organs._
The Resolutions of the Berlin Conference, and the protective measures
submitted to the German Reichstag early in the year 1890, have, as we
shall find, strictly confined themselves to this essentially limited
definition of Labour Protection.
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