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
All prohibition of employment and limitations of employment are
apparently opposed to the interests of the employers. As long as they
are kept within just limits, however, this will not be true generally or
in the long run.
The just claims of Capital may be protected by admitting carefully
regulated exceptions; but wherever and in so far as employment is
opposed to the higher personal interests of the whole population,
Capital must submit to the restrictions.
As regards the exceptions, these are in part regular or ordinary, in
part irregular or extraordinary. We find examples of both kinds alike in
the legislation for restricting the time of working and in legislation
for protecting intervals of rest.
_Ordinary_ exceptions to prohibition of employment consist mainly of
permission by legal enactment in certain specified kinds of industrial
work, of a class of labour which is elsewhere prohibited, _e.g._ night
work for women and young workers. The greater number of cases of
prohibition of employment appear in the inverse form of exceptions to
permission of employment.
_Ordinary_ exceptions to restriction of employment are provided for
partly by legislation, partly by administration, _i.e._ partly by the
Government, partly by the district or local officials.
Wherever in the interests of industry it is impossible to enforce the
ordinary protection of times of labour and hours of rest, this is made
good to the labourer by the introduction of several (two, three, or
four) shifts taking night and day by turns, so that an uninterrupted
continuance of work may be possible without any prolonged resting time
either in the day or in the night; moreover, the loss of Sunday rest can
be compensated by a holiday during the week.
_Extraordinary_ exceptions occur chiefly in the following cases: (_a_)
where work is necessary in consequence of an interruption to the regular
course of business by some natural event or misfortune; (_b_) where work
is necessary in order to guard against accidents and dangers; (_c_)
where work is necessary in order to meet exceptional pressure of
business.
_Exceptions to protection of holidays._
These exceptions are so regulated that in certain industries holiday
work is indeed permitted but compensation is supplied by granting rest
on working days. The exceptions provided for by the Berlin Conference
have already been given. The _von Berlepsch_ Bill admits, if anything,
too many exceptions. The Auer Motion permits holiday work in traffic
business, in hotels and beer houses, in public places of refreshment and
amusement, and in such industries as demand uninterrupted labour; an
unbroken period of rest for 36 hours in the week is granted in
compensation to such workers as are employed on Sunday.
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