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
To protection in occupation must be added--as a last measure of the
protection of labour against material dangers--protection of the
wage-worker in his personal and social intercourse outside the limits of
his business with the employer and his family, and with the managers and
foremen. In default of a better term, we have called this protection of
intercourse in service.
Outside the actual performance of his work, the wage-worker is
threatened by special dangers which can only be averted by extraordinary
intervention of the State. These dangers affect the person and domestic
life of the wage-worker.
Apprentices especially, and all wage-earners living in the same house as
the employer, are liable from their position as the weaker party, to
intimidation, ill-treatment, and neglect. Provision is made against such
dangers by the ruling of the Industrial Regulations on the relations of
journeymen and apprentices to business managers and employers.
Special protection has long been afforded in the social relations
between the servant on the one side, and the employer and his family on
the other. This takes the form of protection against usury, against
exploitation of dependents, especially if they are ignorant and
inexperienced. This protection in social relations may also be
called--involving as it does, in by far the largest proportion of cases,
protection against undue advantage derived from payment in kind--"Truck
Protection."
The usury in question may take the form of a profit in the way of
service, or exploitation of the workman, by forcing him to perform work
outside the agreement as well as the work of the business, or instead of
it; or again, it may be profit on payment, derived from payment of wages
in coin or kind; or it may be profit on credit, loan, hire and sale,
derived by compelling the workman to enter into disadvantageous
transactions in borrowing, contracting, and hiring, and by requiring him
to purchase the necessaries of life at certain places of sale where
exorbitant prices are demanded for inferior goods.
To prevent the employer from gaining such unfair advantage over the
"members of his family, his assistants, agents, managers, overseers, and
foremen," the German Industrial Code has long since interfered by
ordering payment in coin of the realm, by prohibiting credit for goods,
and by limiting to cost price the charges for necessaries of life, and
of work supplied (including tools and materials). Any agreements for the
appropriation of a part of the earnings of the wage-worker for any other
purpose than the improvement of the condition of the worker or his
family shall be declared null and void. The Auer Motion demands also
that "compulsory contributions to so-called 'benefit clubs' (savings
banks attached to the business) shall be prohibited."
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