The Theory and Policy of Labour Protection — John Shaqi
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
_c._ The work of a Factory is the preparation and manufacture of
commodities (industrial work, including all kinds of printing), not
production or first handling of raw material, as in mining
industries.
_d._ The work of a Factory is work in which the wage-workers are
constantly shut up together in buildings or in enclosures, and is
not work in open spaces, or which moves from place to place, as in
the case of work on wharves, in building yards, etc.
_e._ The work of a Factory is carried on by power machinery, hence
(if this inference _a contrario_ be admissible) not only
hand-manufacture, and thus it appears to include what I have called
quasi-factory business and have mentioned in class 3 (_supra_).
_f._ The work of a Factory is continuous, and
_g._ Is carried on on a large scale, and with a large number of
workpeople, hence (_f_ and _g_) it may be compared to the
quasi-factory business of class 2 (_supra_) for the purposes of a
protective Code.
_h._ The work of a Factory is carried on in workplaces provided by
the employer, not in the rooms of the workers or of a middleman.
_i._ The work of a Factory results in the immediate sale of the
commodities produced, and does not consign them to the wholesale
dealer to be prepared and dressed, or distributed by wholesale or
retail, _i.e._ the Factory has absolute control of the sale of the
commodities produced, in contradistinction to household industry.
Thus the Factory as understood by the German labour-protective laws is
commercially independent (characteristic _i_), industrial (_c_), carried
on on a large scale (_g_), and continuously (_f_), in enclosed (_d_),
specially appointed (_b_) work-rooms provided by the employer (_h_),
with the help of power machinery (_e_), and by wage-workers not
belonging to the family of the employer (_a_).
Purely hand-manufacturing wholesale business should also be counted as
factory-labour; for the fact that workshop business carried on with the
help of power machinery is declared to be on the same footing as
factory-labour means only this: that it presupposes the same need of
protection felt in factories where the business is carried on with the
help of power machinery, as is the case in most factories; it does not
mean that certain kinds of manufacturing wholesale business carried on
without power machinery (of which there are very few) should not be
counted as factories. We are therefore justified in dropping
characteristic _e_ of the theoretical conception of the Factory, as
understood in Germany.
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