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 same characteristics in all those points in which it is affected by
protection, will be found in the Factory, but the peculiarities of the
other contrasted class will be absent from the Factory.
In the Imperial Industrial Code, especially in the _von Berlepsch_ Bill,
the following four categories of employment are placed on the same
footing as the Factory; in the case of the first three the inclusion is
obligatory, in the case of the last it is optional and depends on the
pleasure of the Bundesrath (local authority):
1. Mines, salt-pits (salines), preparatory work above ground, and
underground work, in mines and quarries (other than those referred
to in the Factory Regulations).
2. Smelting-houses, carpenter's yards, and other building-yards,
wharves, and such brick-kilns, mines, and quarries as are worked
above ground and are not merely temporary and on a small scale.
3. Those work-shops in which power machinery is employed (straw,
wind, water, gas, electricity, etc.) not merely temporarily.
4. "Other" workshops to which factory protection (except as
regards working rules) can be extended under the Imperial decree,
at the discretion of the Bundesrath.[5]
A common designation is needed which will include all these four
categories.
We might use the word "workshops" were it not that the employments
enumerated in classes 1 and 2 cannot precisely be included in
"workshops," and were it not that class 4 as it appears in protective
legislation denotes "another kind" of workshop distinct from that of
class 3.
In default of a more accurate expression we will use therefore the term
"quasi-factory business" as a general designation for those classes of
business which are placed by the protective laws on the same, or
approximately the same, footing as the Factory.
Factory protection is not extended to those "workshops in which the
workers belong exclusively to the family of the employer," therefore not
to family-industry in workshops, and still less to family-industry not
carried on in workshops, nor to work in the dwelling-houses of the
employer, or (as is usually the case in household industry) of the
worker (orders of all kinds executed at home, household industry). At
least the new Sec. 154 of the Bill does not bring such work into any closer
relationship than before with the Factory.
By contrast and comparison the following characteristics (_a_ to _i_)
will help us towards a fuller conception of the sense of the Factory
from the point of view of protective legislation, as understood by the
latest German enactments:
_a._ The Factory employs exclusively or mainly those who do not
belong to the family of the employer, and in any case _not merely
those who do_.
_b._ The work of a Factory is entirely carried on outside the
dwelling of the employer and of the wage-worker.
Public-domain text, read in full here on John Shaqi.
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