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
Special protection in quitting service--beyond the ordinary
administrative and judicial protection of labour contract against unjust
dismissal--consists partly of: protection in dismissal from service,
_i.e._ against expulsion by the employer, and partly, of protection in
voluntarily quitting service, _i.e._ quitting service for special
reasons. Both these measures are applied to the whole of industrial wage
labour, and have hitherto generally been enforced by the regular courts
of justice and administration, by application, however, of special
rulings of industrial legislation on written agreements, on the right of
special dismissal from service, and the right of quitting service, and
on the length of notice required, etc. The further development of
protection in quitting service will probably more and more require the
extraordinary jurisdiction of the industrial courts of arbitration.
Protection against compulsory dismissal into which one employer may be
forced by another employer by intimidation, libel, and defamation, is
afforded by special penal Acts, and, like protection against breach of
contract, is more particularly protection of the employer and is only
indirectly protection of the worker.
2. _Protection of contract, in the strict sense; protection by
limitation of the right of contract, by completion of contract, and by
enforcing fulfilment of contract._
Beyond the ordinary judicial protection afforded by the obligations
attached to service contract, special guarantees of protection are in
part already granted, in part demanded, against abuse of contract,
incomplete fulfilment and non-fulfilment of service contract to the
disadvantage, as a rule, but of course not in all cases, of wage-labour.
This protection is afforded partly by formal regulations, partly by
judicial rulings on special cases. The latter form of protection in
contract is closely allied to protection in intercourse (see above); the
two overlap each other.
The protection afforded by contract regulations consists in the
enforcement of certain formal requirements, and the granting of certain
remissions, such as _e.g._ the requirement of written agreements and the
remission of duty on written agreements, etc. First and foremost stands
the obligation to post up the working rules. _A parte potiori_[13] all
protection of contract might be called protection of working rules.
The working rules serve in reality to give the workman himself the
control over his own rights, but they also are to the interest of the
employer.
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