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 maximum working-day is computed sometimes directly, sometimes
indirectly. Directly, when the same maximum total number of hours is
fixed for each day (with the exception it may be of Saturday);
indirectly, when the maximum total of working-hours is determined,
_i.e._ when a weekly average working-day is appointed.
The latter regulation is in force in England, where 561/2 hours are fixed
for textile factories (less half an hour for cleaning purposes), and
sixty hours (or in some cases fifty-nine hours) for other factories. In
Germany and elsewhere the direct appointment of the maximum working-day
is more usual: except in the _von Berlepsch_ Bill (Sec. 139_a_, 3) where
provision is made for the indirect regulation of the maximum
working-day, by the following clause: "exceptions to the maximum
working-day for children and young persons may be permitted in spinning
houses and factories in which fires must be kept up without
intermission, or in which for other reasons connected with the nature of
the business day and night work is necessary, and in those factories and
workshops the business of which does not admit of the regular division
of labour into stated periods, or in which, from the nature of the
employment, business is confined to a certain season of the year; but in
such cases the work-time shall not exceed 36 hours in the week for
children, and 60 hours for young persons (in spinning houses 64, in
brick-kilns 69 hours)."
1. _Meaning of maximum working-day in the customary use of the term._
In the existing labour protective legislation, and in the impending
demands for Labour Protection, the maximum working-day is variously
enforced, regulated and applied. In order to arrive at a clear
understanding of the matter it will be necessary to examine the various
meanings attached by common use to the term working-day.
Let us take first the different methods of enforcement.
It is enforced either by contract and custom, or by enactment and
regulation. Hence a distinction must be drawn between the maximum
working-day of contract and the legal (regulated) working-day.
Now-a-days when we speak of the maximum working-day we practically have
in mind the legal working-day. But it must not be forgotten that the
maximum duration of labour has long been regulated by custom and
contract in whole branches of industry, and that the maximum working-day
of contract has paved the way for the progressive shortening of the
legal maximum working-day.
Even the party who are now demanding a general eight hours maximum
working-day desire to preserve the right of a still further shortening
of hours by contract, generally, or with regard to certain specified
branches of industry; the Auer Motion (Sec. 106) runs thus: "The
possibility of fixing a still shorter labour-day shall be left to the
voluntary agreement of the contracting parties."
Public-domain text, read in full here on John Shaqi.
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