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
Labour Protection equally with compulsory insurance, from which it is
however quite distinct, does not preclude the voluntary efforts which
are made in addition to legal measures, nor the help rendered by
savings-banks, by private liberality and benevolence, by family help,
and by various municipal and state charitable institutions; and it does
not render unnecessary the exercise of the ordinary administration, and
the co-operation of the latter in the work of establishing security of
labour. The general impression derived from a study of this survey will
be confirmed if we further examine into the scope, legislative methods,
and organisation of the separate measures of Labour Protection, in
addition to the classification of industrial wage-labour, as dealt with
by protective legislation, which I attempted in Chapter II., and if we
bear in mind the great differences in the degree of protection extended
to the separate classes of protected workers.
CHAPTER IV.
MAXIMUM WORKING-DAY.
In considering the question of protection of employment, we must first
touch upon the restrictions of employment. These restrictions are
directed to granting short periods of intermission of work, _i.e._ to
the regulation of hours of rest, of holidays, night-rest and meal-times;
also to the regulation of the maximum duration of the daily
working-time, inclusive of intervals of rest, _i.e._ to protection of
hours of labour.
Protection of times of rest, and protection of working-time, are both
based on the same grounds. It is to the interest of the employer to make
uninterrupted use of his business establishment and capital, and
therefore to force the wage-worker to work for as long a time and with
as little intermission as possible. The excessive hours of labour first
became an industrial evil through the increasing use of fixed capital,
especially with the immense growth of machinery; partly this took the
form of all-day and all-night labour, even in cases where this was not
technically necessary, and partly of shortening the holiday rest and
limiting the daily intervals of rest; but more than all it came through
the undue extension of the day's work by the curtailment of leisure
hours. Moral influence and custom no longer sufficed to check the
treatment of the labourer as a mere part of the machinery, or to prevent
the destruction of his family life. A special measure of State
protection for the regulation of hours of labour was therefore
indispensable.
Protection of the hours of labour is enforced indirectly by regulating
the periods of intermission of labour: meal-times, night work, and
holidays. But it may be also completed and enforced directly by fixing
the limits of the maximum legal duration of working-hours within the
astronomical day. This is what we mean by the maximum working-day.
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