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
Let us now look at the Swiss Factory Regulations. The Confederate
Factory Act of March 23, 1877, has given no legal definition of the word
"Factory," but only of "protected labour." It extends protection to "any
industrial institution in which a number of workmen are employed
simultaneously and regularly in enclosed rooms outside their own
dwellings." According to the interpretation of the Bundesrath (Federal
Council) "workers outside their dwellings" are those "whose work is
carried on in special workrooms, and not in the dwelling rooms of the
family itself, nor exclusively by members of one family." Furthermore,
all parts of the Factory in which preparatory work is carried on are
subject to the Factory Act, as well as all kinds of printing
establishments in which more than five workmen are employed. The Swiss
Factory Act requires that a Factory shall possess all those
characteristics assigned to it by German protective law, with the
exception, however, of power machinery, and hence it doubtless covers
all manufacturing business in which a number of workmen are employed.
According to Buetcher,[6] in the practical application of
factory-protection in the Confederate States, any industrial
establishment is treated as a factory which employs more than
twenty-five workers or more than five power-engines, in which poisonous
ingredients or dangerous tools are used, in which women and young
persons (under eighteen years) are employed (with the exception of mills
employing more than two workers not belonging to the family), and sewing
business carried on with the help of three or four machines not
exclusively worked by members of the family.
In Great Britain the Factory and Workshop Acts of March 27, 1878, cover
all factory labour, and the bulk of workshop business, _i.e._ all
workshops which employ such persons as are protected by the
Act--children, young persons, and women.
This English Act again furnishes no legal definition of the term.
"According to the meaning of the term, implied in this Act," says von
Bojanowski, "we must understand by a factory any place in which steam,
water, or other mechanical power is used to effect an industrial
process, or as an aid thereto; by 'workshop,' on the other hand, we must
understand any place in which a like purpose is effected without the
help of such power; in neither group is any distinction to be drawn
between work in open and in enclosed places."
Public-domain text, read in full here on John Shaqi.
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