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 protection of the status of labour includes a multifarious
collection of existing measures of protection, and impending claims for
protection which we may regard as falling under three heads: protection
of engagement and dismissal, protection against abuse of contract, and
protection in fulfilment of contract.
1. _Protection of engagement and dismissal._
By protection of engagement we mean protection of the worker against
hindrances placed in the way of admittance into service; it is
protection in the making and carrying out of agreements, partly
protecting the workman against unjust loss of character, and partly
giving him the right to claim a character. Protection against loss of
character might further be divided into protection against defamation by
individuals--foremen or employers--and protection against defamation by
combinations of employers.
The Labour world claims protection against loss of character in the
demand for the abolition of the labour log, and in Germany where the
general log is not used, in the demand for the abolition of the young
workers' log which, however, is still recommended by many from
considerations that have no connection with depreciation of work.
Wherever the labour log is still used, protection, against loss of
character has long been afforded by prohibition of entries and marks
which would be prejudicial to success in obtaining fresh employment.
Protection is demanded, but as yet nowhere granted, against defamation
by combination of employers, of workmen who have made themselves
disliked, against black lists, circulars, etc. The penalties of such
defamation by combination in the Auer Motion are directed against
employers and employers only, although in point of fact there are not
infrequent cases of combinations among workmen for the defamation of
employers. The Motion runs thus: "(Sec. 153) Whoever shall unite with
others against any worker because he has entered into agreements or has
joined unions, and shall endeavour to prevent him from obtaining work,
or shall refuse to employ him, or shall dismiss him from work, shall be
punished by imprisonment for three months."
Another fragment of protection of engagement has long existed in the
penalties attached to certain infringements of the right of combination,
with reciprocity of course for the employers (cf. Sec. 153 Imp. Ind. Code.)
The guarantee of testimonials has long been afforded--and has met with
no opposition--as a means of protection against defamation by individual
employers.
Side by side with protection of engagement we have protection in
quitting service.
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