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 lengthening of the mid-day interval for married women or heads of
households, to enable them to fulfil their domestic duties, is
recommended by the German Reichstag and provided for in the _von
Berlepsch_ Bill, in the fourth paragraph of Sec. 137, as follows: "Women
workers above the age of 16 years, having the care of a household, shall
be set free half an hour before the mid-day interval unless this
interval amounts to at least 11/2 hours. Married women and widows with
children shall be accounted as persons having the care of a household,
unless the contrary is certified in writing by the local police
magistrate, such certificate to be granted free of stamp and duty." This
measure indicates a fragmentary attempt from the outside to protect the
woman in her family vocation, and as such belongs to the question of
protection of married women. The opponents of the measure--and they are
many--make the objection that the result will be that women with
families will be unable to obtain employment. Whatever may be said for
or against the measure, there is no doubt that an interval of an hour
and a half at mid-day ought to be granted to every workwoman, to place
and keep her in a position in which she can discharge the duties of
preparing the family meals and looking after her children. Therefore the
injunction of a mid-day interval of 11/2 hours in all factory business in
which women over 16 years of age are employed would perhaps be a juster,
more effectual, and more expedient measure, and would not prejudice the
employment of women. But will it be possible to bring about the
international uniform extension of the present interval of two hours to
two hours and a half (inclusive of the forenoon and afternoon
intervals)? The problem is surrounded by undeniable practical
difficulties.
The Auer Motion (Sec. 106_a_, 2. cf. Sec. 130) demands the extension of
protection of intervals of work to all industries. Hitherto it has only
been extended to women and young workers, and only to such as are
employed in factory and quasi-factory business. We need not here go into
the question whether it can be proved to be to some extent necessary in
the more irksome and laborious trades and in household industry.
2. _Protection of night rest ("Prohibition of night work.")_
Night rest has long been subjected by force of custom and necessity to
very comprehensive measures of protection. Nevertheless it has become
more or less of a necessity, even for men, to supplement such protection
by extraordinary intervention of the State in factory and quasi-factory
industrial trades, in some cases also in handicraft business (_e.g._ in
bakeries, in public-house business, and in traffic and transport
business). The self-help of the workmen and the moral influence of the
civil and religious conscience are no longer a sufficient power of
protection.
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