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 thus the "general working-day" when applied
to all industries without exception. When this is not the case, it is
the restricted working-day, which may also be called the factory
maximum working-day, as it really obtains only in factory and
quasi-factory labour. The term factory working-day is further limited in
its application in cases where its protection extends, not to all the
labourers in the factory, but to the women and juvenile workers only, or
to only one of these classes. Hence a distinction must be drawn between
the factory working-day for women and children, and the maximum factory
working-day extended also to men. We shall therefore not be wrong in
speaking of this as the working-day of women and juvenile workers, nor
shall we be putting any force on the customary usage, if by factory
working-day we understand the working day prescribed to all labourers in
a factory.
We shall find a further limitation of the meaning in considering the aim
of the protection afforded, for in certain cases the maximum
working-day, even when extended to all labourers employed in a factory,
is restricted to such occupations in the factory as are dangerous to
health. In such cases, it might be designated perhaps the hygienic
working-day.
The maximum working-day, in the sense of the furthest reaching and
therefore most hotly contested demands for regulation of time, means the
uniform maximum working-day, fixed by legislation nationally, or even
internationally, and not the maximum working-day of factory labour
merely, or of female and child-labour in factories, nor the hygienic
working day. This working-day is authoritatively fixed--provisionally at
10 hours, then at 9 hours, and finally at 8 hours--as the daily maximum
duration of working-time, in the Auer Motion (Sec. 106 and 106_a_, cf. Sec.
130). Section 106 (paragraphs 1 to 3) runs thus: "In all business
enterprises which come within this Act (Imperial Industrial Code), the
working-time of all wage-labourers above the age of 16 years shall be
fixed at 10 hours at the most on working-days, at 8 hours at the most on
Saturday, and on the eve of great festivals, exclusive of intervals of
rest. From January 1st, 1894, the highest permissible limit of working
time shall be fixed at 9 hours daily, and from January 1st, 1898, at 8
hours daily." According to the same section, the 8 hours day shall be at
once enforced for labourers underground, and the time of going in to
work and coming out from work shall be included in the working-day.
"Daily work shall begin in summer not earlier than 6 o'clock, in winter
not earlier than 7 o'clock, and at the latest shall end at 7 o'clock in
the evening."
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