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
_Male labour and female labour._ Women for the purposes of Labour
Protection include all female workers enjoying special or extended
protection, not only on account of youth, but also from considerations
arising out of their sex and family duties. It is important that we
should be clear on this point, in view of the demand now made for
careful restriction of the employment of married women in
factories,--either for the entire duration of married life or until the
youngest child has reached the age of 14,--for the entire prohibition of
night labour for women, and of the employment of women in certain trades
during the periods of lying-in and of pregnancy.
Just as female labour for our purpose does not mean the labour of all
female persons, so male labour does not include all labour of male
persons, but only of such male persons as have protection on grounds
other than that of youth. Hitherto, male labour has only had practically
a negative meaning in protective law, it has been used in the sense of
the unprotected labour of adult men. The demand for a maximum working
day for all male labourers--at least in factories--and the concession of
this demand have given a positive signification to the term male labour,
as affected by protective legislation.
In considering the careful determination of the meaning of factory
labour, workshop labour, household industry and family labour on the one
hand, and child labour and female labour on the other hand, we cannot be
too careful in guarding against undue limitations of the idea of Labour
Protection. There are many who still take it to mean merely
factory-protection, and indeed only factory-protection of "young
persons."
Labour Protection means something more than protection of industrial
labour, in that it also deals with labour in mining and trading
industry, and it must be extended still further to meet existing needs
for protection.
Neither is industrial Labour Protection factory protection alone, nor
even factory and quasi-factory protection alone, but beyond that it is
also workshop protection, and, especially in its latest developments,
protection of household industry, and perhaps even more or less of
family industry; industrial home-work especially, from the Erz-Gebirge
in Saxony, to the London sweating dens, admits of and actually suffers,
from an amount of oppression which calls for special Labour Protection.
We call attention to these facts in order to clear away certain still
widespread misconceptions before we enter upon the classification of
labour with respect to protective legislation. Particulars will be given
in Chapters IV. to VIII.
FOOTNOTES:
[5] Bill, Art. 6 (new Sec. 154).
[6] Cf. Conrad's _Encyclopaedia_, vol. i. p. 154.
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