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
With regard to the organs of administration of Labour Protection, one
kind, viz. the representative, has at present no existence except in the
many proposals and suggestions made as to them; this however does not
preclude the possibility that in the course of a generation or so a rich
crop of such organs may spring up. It is not improbable that special
representative bodies ("labour-councils")--after the pattern of chambers
of commerce and railway-boards, etc.--and "labour-boards" may develop
and form a complete network over the country. Perhaps the separate
representative and executive organs may be able to amalgamate the
various branches of aids to labour, forming separate sections for
Labour Protection, Labour Insurance, industrial hygiene and statistics,
with equal representation of the administrative, judicial, technical and
statistical elements; and thus the ordinary administration service may
be freed from the burden of the special services which a constructive
social policy demands.
Again, the organisation of protection is not by any means the same
everywhere.
According to the foregoing classification (III. 1), the duties of
carrying out Labour Protection are divided between the ordinary and
extraordinary judicial and administrative authorities. The arrangements,
however, are very different in different countries. Such countries as
have not a complete system of authorised administrative boards and petty
courts of justice, will avail themselves more freely of the special
organs, particularly of the industrial inspectors, than will those
countries with administrative systems like those of Germany and Austria;
in comparing the spheres of operation of inspectors in various
countries, one must not overlook the differences in the action of the
ordinary administrative organs. Moreover, all civilized countries
already possess special organs of protection, and it follows in the
natural course of development of all administrative organisation, that
the special administrative and judicial legislation which is springing
up and increasing should possess special judicial and administrative
courts, so soon as need for such may arise from the necessity for a
wider application of special law in the life of the citizen.
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