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
In the first place holidays must be general, for the whole population,
in order to allow of instruction in common, and general social
intercourse. For this reason even the most "free-thinking" friend of
holiday rest will be willing to grant it in the form of Sunday rest and
festival days, and will allow it to be so called; in France and Belgium
only, as appears from the reports of the Berlin Conference, do
difficulties lie in the way of allowing protection of holidays to take
the form of protection of Sundays and festival days.
The second end subserved by protection of holidays will be to ensure
that only the absolutely necessary amount of work shall be performed on
Sundays in those industries in which there is only a conditional
possibility of devoting the Sunday to recreation, family life, and
social intercourse, especially in carrying trades, employment in places
of amusement and in public houses, in professional business, personal
service, and the like, also in all labours which are socially
indispensable. We shall return to this question in Chapter VII.
(exceptions to protective legislation). The question now arises whether
the religious protection of holidays does not already indirectly serve
all the purposes of the necessary weekly rest for labour. This question
must be answered in the negative. It is true that this does effect
something which Labour Protection as such cannot effect, in that it
extends beyond the workers and enforces rest on the employers also and
their families. But it does not ensure to the workers themselves the
complete protection necessary, and it does not fulfil all the purposes
of protection of holidays.
The actual condition of affairs in Germany is as follows, according to
the "systematic survey of existing legal and police regulations of
employment on Sundays and festivals" (Imperial Act of 1885-6). In one
part of Germany the police protection of the Sunday rest is in effect
only protection of religious worship. In another group of districts, the
suspension during the entire Sunday of all noisy work carried on in
public places is enforced, but within industrial establishments noisy
work is not forbidden. A third group of rules lays down the principle
that Sundays and festivals shall be devoted not only to religious
worship and sacred gatherings, but also to rest from labour and
business.
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