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
It must of course be understood that Labour Protection is still in
process of development. But according to all present appearances, there
is no prospect, at any rate for some time to come, of its general
extension to all classes of industrial wage-labour, for instance that
the prohibition of night work will be extended to all adult male
labourers, or that Sunday work will be absolutely prohibited in carrying
industries and in public houses. We must even do justice to the Auer
Motion in the Reichstag, by acknowledging that it does not go the length
of demanding the universal application of such protection.
In the existing positive laws, and in the further demands for protection
put forward at the present day, mining industries hold the first place,
then all kinds of work dangerous to life and health, household industry,
the labour of women and young persons, and the labour of married women.
The reader will easily understand the reasons for this; he only requires
to establish clearly in his own mind, for each of these classes of
industrial wage-labour, the grounds on which the claim to such
objective and subjective protection is based, and wherein they differ
from the cases where free self-help and mutual help suffice, or even the
ordinary protection afforded by the State. However, this special inquiry
is not necessary here; the explanation desired will be found in the
study of the several applications and modes of operation of Labour
Protection dealt with in the following pages.
But on the other hand it is important that we should now endeavour to
form a clear idea of those larger divisions of industrial wage-labour
with which a protective code has to deal, in order that we may be sure
of our ground in proceeding with our investigations.
_Factory-Labour._
No small difficulty arises from the question: "What is factory-labour?"
And yet it is precisely this kind of wage-labour which has received the
most comprehensive measure of protection, and become the standard by
which protection is meted out to all similar kinds of employment.
The labour-protective laws of various governments have met the
difficulty in various ways; but nowhere is a positive legal definition
given of the Factory.
In the case of Germany, especially, it is not easy to form a clear idea
of the meaning attached to factory labour by the hitherto existing
protective laws, and by the _von Berlepsch_ Industrial Bill.
We may arrive at a clearer conception of what a factory really is in
the protective sense of the word, by examining first the essential
characteristics of such kinds of employment as are placed by the
protective laws on the _same_ (or nearly the same) footing as factory
labour, and then observing the peculiarities of such kinds of
employments as are legally _excluded_ from factory-labour protection.
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