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
Both these considerations--the strict limitation and uniform
administration required for these exceptions--render it imperative that
the regulation by law should be, so far as practicable, very careful and
minute. Moreover it is requisite that the principle on which the
administration has to act in dealing with exceptions shall be laid down
as definitely as possible, and further that protective enactments shall
be interpreted in a uniform manner by the organs of local government
(_Bundesrath_), and finally that there should be general uniformity of
method, both in the instructions given and in the supervision exercised
by the intermediate courts of Labour Protection to the local
authorities.
Much may be done in the way of effectual limitation of exceptions by
dealing individually with the separate kinds of employment, in the
matter of Sunday rest and alternating shifts. In the Duesseldorf district
it has been proved by experience that by specialising the exceptions,
Sunday rest may be granted to a large percentage of the workmen even in
the excepted industries themselves (gas works, brick and tile kilns,
etc.).
The special instruments of administration for the regulation of
exceptions to this kind of protection are the certificate of permission,
the entry in the register of exceptions, and the public factory rules.
The industrial inspector is entrusted with the supervision of the
exceptions; but the assistance of the employer is very desirable, and is
frequently offered, as it is to his interest that the application shall
be just and uniform.
The central union of embroiderers in East Switzerland and the
Vorarlberg district, _e.g._ which was formed in 1855, and which now
includes nearly all the houses of business, supervises the strict
adhesion to the 11 hours rule, by sending special inspectors into the
most remote mountain districts, and imposing fines for non-observance to
the amount of from 200 to 300 francs (_Hitze_).
CHAPTER VIII.
PROTECTION IN OCCUPATION, PROTECTION OF TRUCK AND CONTRACT.
(A) _Protection in occupation._
Protection in occupation is directed towards the personal, bodily and
moral preservation of wage-earners against special risks incurred during
the performance of their work. Protection in occupation is already
afforded to a certain degree by Labour Insurance, in the form of
Insurance against accidents and sickness.
The bodily and moral preservation of those engaged in business forms no
new department of Labour Protection. It has long been more or less
completely provided for by the Industrial Regulations and by special
labour protective legislation in almost all civilised countries.
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