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
But we have seen that contract protection is not only afforded by these
formal regulations but also by judicial rulings on special cases. These
latter have a threefold task: to prevent the drawing up of unfair
contracts, to supply deficiencies in the contract, by adding subsidiary
rulings suited to the nature of the industrial service relations, and
lastly, to secure the fulfilment of service contract; _i.e._ they have
to provide protection by limitation and completion of contract and to
secure fulfilment of contract.
This kind of protection of contract is of special importance in dealing
with contract fines, proportional output ("efficiency work"), the supply
of tools and materials of work, and lastly with payment of wage.
Labour Protection seeks to guard against abuse of contract fines, by
fixing the highest permissible amount of fines, and by handing over the
proceeds of the fines to the workmen's provident fund. This is a matter
of the highest moment, and must find a place in the drawing up and in
the enforcement of the working rules (see above). Hitherto it has only
been extended to factory labour.
A second task of protection of contract lies in the protection of
"efficiency work," _i.e._ protection of the wage-worker against an undue
deduction from his "efficiency wage" on account of the alleged inferior
quality of the output, and against neglect to reckon in the full amount
of the output in the calculation of wage. This measure of protection has
been placed on the orders of the day of the present labour protective
movement, by the adoption _e.g._ of the system of checking the weight of
the output in mining.
In the third place we come to protection of the workman against loss
sustained in buying his tools and materials of work from the employer.
This measure of protection in purchase of materials is applied to the
whole of industrial labour by means of its insertion in the general
rules for truck protection contained in the Imp. Ind. Code.
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