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 peculiarity of household industry (in the technical sense of the
term) is that it is carried out merely at the orders and not under the
supervision of the contractor. The Imperial Industrial Code, more
especially the _von Berlepsch_ Bill, in extending truck protection to
household industry, understands this term to include all industrial
workers engaged in the preparation of commodities under the direction of
some firm or employer, but not working on the premises of their
employers; and these workers may or may not be required to furnish the
raw materials and accessories for their work. The home-workers carrying
on this kind of preparation of commodities do so as a rule not in
special work-rooms, but in their own dwelling-rooms or houses, or in
little courtyards, sometimes in sheds and outhouses, sometimes even in
the open air. For the rest, they may be either a few workers out of a
family working on their own account, or a whole family working under the
superintendence of one of its members. The most important characteristic
of household industry is that it is work undertaken at the orders of a
third party, therefore that it has no commercial independence, and takes
no part in the sale of its products (characteristic _i_ of factory
labour); and therefore obviously we have no occasion to consider the
other characteristics _d_, _e_, _f_, _g_, _h_, in defining household
industry.
A distinction must be drawn between household industry carried on with
or without the intervention of middlemen; for it takes a very different
form, according to whether the arrangements between the industrial
home-worker on the one side, and the giver of orders and provider of
materials on the other, are made with or without the intervention of
special agencies for ordering, supervising, collecting, and paying
(commission agents, contractors, sweaters). The possible removal--or at
least control and regulation--of the middleman forms one fundamental
problem--hitherto unsolved--of labour protection in the sphere of
household industry, and the protection of industrial home-workers
against their parents and against each other forms another.
_Family Industry._
Family industry to a great extent practically coincides with household
industry, but not necessarily or entirely so; for family
industry--meaning of course the work of preparing and manufacturing
commodities--may be the preparation of goods for independent sale, not
for sale by a third party in a shop or warehouse, and as a matter of
fact this is very largely the case. Family industry sometimes even falls
under the head of workshop labour (cf. Sec. 154 of the _von Berlepsch_
Bill). Its distinguishing characteristic is that it employs only workers
belonging to the same family, hence the exact reverse of the Factory
(see characteristic _a_). It includes all those industrial pursuits "in
which the employer is served only by members of his own family" (Bill, Sec.
154, par. 3).
II.--PERSONAL PROTECTION.
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