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
Legislation will not have completed its work of extending protection of
holidays, even when the limits have been widened to admit trading
business. Further special regulations must be made for the business of
transport and traffic. Switzerland has already set to work in this
direction. In Germany, in consequence of the nationalisation of all
important means of traffic, much can be done if the authorities are
willing, merely by way of administration.
We cannot lay too much stress on this question of the regulation and
preservation of holiday time by means both of legislative and
administrative action. For its actual enforcement it is true the
co-operation of the local police magistrates is necessary, but the
regulation of this protection ought not to be left in their hands. It
must be carried on in a uniform system and with the sanction of the
higher administrative bodies. We shall return to this question also in
Chapter VII.
CHAPTER VI.
ENACTMENTS PROHIBITING CERTAIN KINDS OF WORK.
Besides the mere protective limitations of working time and of the
intervals of work, we have also the actual prohibition of certain kinds
of work. Freedom in the pursuit of work being the right of all, and work
being a moral and social necessity to the whole population, prohibition
of work must evidently be restricted to certain extreme cases.
Such prohibition is however indispensable, for there are certain ways of
employing labour which involve actual injury to the whole working force
of the nation, and actual neglect of the cares necessary to the rearing
and bringing up of its citizens, and there are certain kinds of
necessary social tasks, other than industrial, the performance of which,
in the special circumstances of industrial employment, require to be
watched over and ensured by special means in a manner which would be
wholly unnecessary among other sections of the community. And thus we
find a series of prohibitions of work, partly in force already, and
partly in course of development.
1. _Prohibition of child-labour._
This is prohibition of the employment of children under 12 years of age
(13 in the south), of children under 10 years of age, in factory work
(see Book I.). Prohibition of child-labour must not be confused with
restriction of child-labour (see Book I.), viz. restriction of the
labour of children of 12 to 14 years of age, in the south of 10 to 12
years of age. It does not involve prohibition of _all_ employment of
children under 12 years of age, such as help in the household or in the
fields.
The prohibition of child-labour within certain limits is necessary in
the interests of the whole nation, for the physical and intellectual
preservation of the rising generation, hence it is to the interest also
of the employers of industrial labour themselves.
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