The Theory and Policy of Labour Protection — John Shaqi
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 advisability of fixing the legal factory day at 10 or 11 hours is
not to be disputed. It is just where the 10 or 11 hours day has not been
secured by custom that, as a rule, the workmen and such managers as are
willing are least in a position to extort it by way of self-help from
other competing employers. And where custom has already led to the
general adoption of the 10 to 11 hours working-day, it seems quite
permissible to enforce it on such firms as have not adopted it.
It is no sufficient argument against the introduction of the extended
compulsory factory working-day, to say that the adoption of the
working-day for women and young persons would necessarily entail the
adoption of the working-day for men without recourse to legal
enforcement, since men could not be employed beyond the specified number
of hours, while this was forbidden in the case of women and young
persons employed in the same business. As a matter of fact, the larger
proportion of trades are carried on entirely, or mainly, by male
workers, though there may be a certain amount of purely accessory work
performed by women and young persons. Hence the adoption of the limited
factory working-day (_i.e._ for women and children) by no means
necessarily or uniformly entails its general adoption. Even in England
this has not been the case generally, and although we find that the
maximum working-day for men very largely obtains without legal
enactment, this has not been the result of the adoption of the legal
working-day for women and juvenile workers, but has been won by the
healthy struggle of the trades' unions for the maximum working-day fixed
by contract.
Now the question arises whether the 11 or the 12 hours day is to be
chosen, and whether the adoption of the factory working-day should be
proceeded with in Germany without its being adopted at the same time by
England and Belgium.
Several of the German States have recently introduced the 10 hours
working-day in their government works. This would point to a preference
for the 10 hours day. The proposal made by Switzerland at the Conference
for the adoption of this lower limit rests partly on the ground of its
agreement with the duration of the 10 hours day for women and juvenile
workers.
But here some caution is necessary. Private enterprise is not so free
from the dangers of competition as government enterprise; whilst Germany
might very well do with the 11 hours day since Switzerland and Austria
have been able to introduce it without harmful results.
Public-domain text, read in full here on John Shaqi.
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