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 entire general prohibition of all industrial night work would go
beyond the limits of practical necessity, and the State would have no
means of enforcing such a general prohibition.
Exceptions to the prohibition of night work are unavoidable, even in
factory and quasi-factory business (cf. Chap. VII.).
The number of women and children employed in night work is not great. It
might, however, become greater through the introduction of electric
lighting in Germany. Protection of night rest for women and children is,
therefore, as practically necessary as ever.
The actual condition of Labour Protection in regard to night work, and
the efforts and tendencies to be discerned in reference to it at the
present time, are as follows. The resolutions of the Berlin Conference
demand the cessation of night work (and Sunday work) for children under
14, also for young persons, of 14 to 16 years and for women workers
under 21 years of age.
The _von Berlepsch_ Bill (Sec. 137_i_) altogether excludes night work for
women in factory (Sec. 154) and quasi-factory business.
Of course exceptions may be permitted by order of the Bundesrath
(Federal Council). The power of the Bundesrath to grant exceptions is
very general and unrestricted (Sec. 139_a_, 2). "The employment of women
over 16 years of age in night work in certain branches of manufacturing
industry in which such employment has hitherto been customary, shall be
permitted subject to certain conditions demanded by health and
morality."
The Auer Motion demands the exclusion of all women and young persons
from "regular" night work.
3. _Protection of holidays._
Protection of daily intervals secures the necessary intermission of work
during the day. Protection of night rest guarantees the necessary and
natural chief interval within every astronomical day. Protection of
holidays makes provision for the no less needed ordinary and
extraordinary intermission of work during entire days, Sundays, and
festivals.
Strictly speaking, protection of holidays has long existed. The Church
exercised a powerful influence in this respect over legislation and
popular custom. Labour protection only seeks to restore this protection
in its entirety (and as far as possible in its former extent--hence not
merely in factory and quasi-factory business) in the State of to-day,
which is practically severed from the controlling influence of the
Church. Holidays are a general necessity; not merely a necessity for
young persons, not merely in factory and quasi-factory industries, but
in all industries.
Public-domain text, read in full here on John Shaqi.
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