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
It is perfectly clear that the decision of the matter rests with
England. If this country does not lead the way, if she hesitates to
enforce it in the face of the competition of American, Asiatic, and
soon, perhaps, of African labour, the experiment of a general eight
hours day for the rest of Western Europe is not to be thought of. But in
England it is precisely the aristocratic portion of the labouring
classes--the "old trades' unionists," the skilled labour--that has not
not yet been won over to the side of the legal eight hours day, and it
is doubtful whether it will yield to the leaders of unskilled labour:
Burns, Tillett, and the rest. At the September Congress at Liverpool, in
1890, the Trade Unionist party brought forward in opposition to the
general legal eight hours day, the eight hours optional day fixed by
contract, in the motion of Patterson, if I have rightly understood the
proposal. The motion was defeated by a majority of only eight (181 to
173).[12] If the legal eight hours day is rejected, does that preclude
for all time the possibility of shortening the time of labour to less
than the 10 or 11 hours factory day at present in force? By no means.
The fundamental error in the general legal working-day as it now stands,
lies not in the assumption that it will gradually lead to a further
shortening of the working-day, but in the assumption that the legal
maximum working-day will bring about suddenly, generally, and uniformly
results which in the natural course of economic and social development
only the maximum working-day of free contract is calculated to bring
about, and this gradually, step by step, tentatively, and by irregular
stages; that is to say, that so material a shortening of the maximum
working-day cannot possibly be attained to generally by any other means
than by the shortening by free contract, here a little and there a
little, of the maximum working-day within each industry and each
country, and this equally outside as well as within the limits of
factory and quasi-factory business. We may at all events be assured that
the substitution of the legal eight hours day for the factory
working-day of 10 or 11 hours is _not the next step to be taken_, but
rather the further development of the maximum working-day of free
contract by means of the continuous wage struggle between the organised
forces of Capital and Labour to suit the unequal and varying conditions
of place, time, and employment, in the various classes of industry.
There is no objection to be offered to this manner of bringing about the
shortening of the working-day. No one has any right or even any fair
pretext for opposing it. No one need fear anything from the results of a
general working-day introduced by this method, even if it should
ultimately develop into the legalised maximum working-day of less than
10 hours.
Public-domain text, read in full here on John Shaqi.
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