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
This form of protection, which I have called protection of intercourse,
is extended to all kinds of industrial work, as is also the case with
protection in occupation, though not with protection by limitations of
employment. In Germany this extension is effected by incorporating in
the general portion of chap. vii. of the Imp. Ind. Code Amendment Bill
the rules for protection in occupation and protection against usury,
and also by including non-manufacturing (Sec. 134) as well as manufacturing
work in the rules of the Industrial Regulations against personal
ill-treatment and neglect.
Hitherto no special courts have been appointed for the administration of
protection of intercourse, which has been left generally to the ordinary
administration and especially to the judicial courts. In other cases it
is left to the industrial courts of arbitration of the first and second
instance rather than to the industrial inspectors. But extraordinary
protection is afforded by special rulings of common law on illegal
agreements, on nullity of agreement, on escheat of contributions to
savings banks made in defiance of prohibition, on failures to complete
contracts of apprenticeship and service, etc., etc.
The Imp. Ind. Code provides protection of intercourse in the business of
household industry also, in the ruling of the second clause of Sec. 119.
The usefulness of this ruling depends indeed on the improvement of the
organisation of Labour Protection which is still imperfect and
insufficient in its application to household industry. The compulsory
and voluntary assistance of the employers and their commercial agents,
with or without control by the industrial inspector, is the aim towards
which attention must be directed for the further development of
protection of intercourse in household industry. The above-mentioned
central union of workers in the embroidery industry in East Switzerland,
which is for the most part household industry, shows what may be done
by voluntary unions in the way of protection within the sphere of
household industry. One inspector says: "The computation of the amount
of embroidery done, _i.e._ the basis for the calculation of wages, is
determined; the relations between the "middleman," the employer and the
workers are regulated; and a place of sale is provided for all work
rejected by the employer on account of alleged imperfections. The
classification of patterns--_i.e._ the fair graduation of wages
according to the ease and rapidity, the greater or less trouble and
expense with which the pattern is executed--has for a long time been one
of the main objects of the union."
(C) _Protection of the status of the workman (protection of agreement,
protection of contract)._
The term protection of contract must here be understood in a wider sense
than in that of a mere guarantee of freedom of contract, and judicial
protection of labour contracts; hence I have called it protection of the
status of the workman.
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