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
But England, the greater number of the North American States, Denmark,
Holland, Belgium, France and hitherto Germany (with its highly
unpractical article Sec. 105, 2, of the Imp. Ind. Code), grant protection
of Sunday rest only to their "protected persons," and only in factory
and quasi-factory business; but we must not here forget that there
exists also protection of opportunities for religious observances
extending over nearly the whole area of national industry, which is
enforced partly by law and partly by tradition.
Austria prohibits Sunday employment in _all_ industrial work.
An important extension and equalising of protection of holidays in
Europe is projected in the resolutions of the Berlin Conference. The
resolutions read as follows: "1. It is desirable, with provision for
certain necessary exceptions and delays in any State: (_a_) that one day
of rest weekly be ensured to protected persons; (_b_) that one day of
rest be ensured to all industrial workers; (_c_) that this day of rest
be fixed on the Sunday for all protected persons; (_d_) that this day of
rest be fixed on the Sunday for all industrial workers. 2. Exceptions
are permissible (_a_) in the case of any business which on technical
grounds requires that production shall be carried on without
intermission, or which supplies the public with such indispensable
necessaries of life as require to be produced daily; (_b_) in the case
of any business which from its nature can only be carried on at definite
seasons of the year, or which is dependent on the irregular activity of
elemental forces. It is desirable that even in such cases as are
enumerated in this category, every workman be granted one out of every
two Sundays free. 3. To the end that exceptions everywhere be dealt with
on the same general method, it is desirable that the determination of
such exceptions result from an understanding between the different
States."
The _von Berlepsch_ Bill ensures a very extensive measure of protection
of holidays by the following means: it extends the application of
provisions Sec. 105_a_ to 105_h_ in paragraph 1 of Chapter VII. of the Imp.
Ind. Code to all workshop labour, it strictly limits Sunday work in
trade and defines the permissible exceptions: moreover, it allows of
unlimited extension of this kind of protection to all industry by means
of an imperial rescript (Sec. 105_g_), and finally it foreshadows further
protective action in the sphere of common law (105_h_).
The Auer Motion contains a general extension and simplification of
protection of holidays (Sec. 107, 1): "Industrial work shall be forbidden
on Sundays and festivals" (with certain specified and strictly defined
exceptions).
Protection of holidays serves to four great ends: religious instruction,
physical and mental recreation, family life and social intercourse.
Protection of holidays has to take special measures to meet these four
special ends.
Public-domain text, read in full here on John Shaqi.
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