CHAPTER XIV.

THE AIM AND JUSTIFICATION OF LABOUR PROTECTION.

The aim and justification of Labour Protection have I think become

sufficiently clear in the course of our inquiry. It is now only

necessary to recapitulate.

Labour Protection, especially protection by limitation of employment,

and protection in occupation, is first and foremost the social care of

the present and of all future generations, security against neglect of

their spiritual, physical, and family life through the unscrupulous

exploitation of wage-labour. Hence Labour Protection is indirectly

protection also of the capitalist classes of the future, and therefore

far from being unjust, it even acts in the highest interests of that

part of the nation which by virtue of the fact of property or ownership

is not in need of any special Labour Protection.

In fulfilling its purpose, Labour Protection even goes beyond the work

of upholding and strengthening national labour, when it takes the form

of internationally uniform Labour Protection such as was lately

projected at the Berlin Conference, and such as is becoming more and

more the goal of our efforts.

This international Labour Protection is a universal demand of humanity,

morality and religion, especially from the standpoint of the Church,

like that of international protection of all nations against slavery,

but it is also no doubt demanded in the interests of international

equilibrium of competition.

The aim of Labour Protection for the worker individually lies far beyond

mere industrial protection. Protection of labour extends to the person

of individual labourers and their freedom as regards religious

education, instruction, learning, and teaching, social intercourse,

morality and health, and especially does it afford to every man security

of family life.

In this social and individual aim lies its justification, subject to

certain conditions. These conditions we have already examined.

The first condition is, that special protection shall only be used to

guard against distinct dangers arising out of employment in service.

Next, Labour Protection is only justified in dealing with such dangers

as cannot or can no longer be adequately guarded against by any or all

of the old forms of protection, viz., self-help, family protection,

private agencies and non-governmental corporate agencies, or the

protection of the regular administrative and judicial authorities, and

even with such dangers only so far as is absolutely necessary. And

lastly, the extraordinary State protection contained in the several

labour-protective enactments must be adapted to the suppression of such

dangers altogether.

Bearing in mind these conditions, it will be found on examination of the

several measures of Labour Protection, as they appear in the resolutions

of the Berlin Conference and in the _von Berlepsch_ Bill, that not one

of them oversteps these limits. The labour protective code as already

existing, and as projected by government, nowhere stretches its

authority beyond the specified point, either in its scope, extension or

organisation; at present it rather errs on the side of caution, and in

many respects it does not go nearly so far as it might. This also I

claim to have shown in the foregoing pages. This fact alone fully

justifies the policy of Labour Protection as at present projected by the

German government.

It is in nowise intended (as shown in Chaps. IV. to X.) by this

protective policy to supplant and replace free self-protection and

mutual protection, or the ordinary State protection of common law.

No addition to Labour Protection will be permitted except where special

need exists.

In no case shall a larger measure of protection be afforded than

necessary. There is no question of treating all and everywhere alike the

various classes of industrial wage-labour needing protection. But rather

that complete elasticity of treatment is accorded, which is required in

view of the variety of needs for protection and of the different degrees

of difficulty of applying it; it is this variety which necessitates

extraordinary State intervention, extraordinary alike in scope, basis

and organisation.

Labour Protection has not, it is true, by any means reached its full

development either in aim and scope or in organisation. None of those

further demands, however, from various quarters, which I have treated in

this book as within the range of discussion overstep in any essential

degree the limits imposed on Labour Protection, regarded as special and

supplementary intervention of the State.

Even the Auer Motion when carefully examined--if we set aside the

general eight hours day and certain special features of organisation, in

particular its claim to include in its scope the whole of industry--is

not really as extravagant as it appears at first sight; for although

indeed it demands complete Labour Protection for all kinds of industrial

work, it requires only the application of the same special measures as

are also demanded in other quarters, and as I have shown to be

justified, except in a few special cases where it calls for more drastic

measures.

We have seen also that the policy of Labour Protection does not involve

a kind of State intervention hitherto unknown. The State has long

afforded regular administrative and judicial protection to the work of

industrial wage-service, and has even interfered in a special manner in

the case of children, young men, young women and adult women; and for

still longer in the case of adult men, by affording protection in the

way of limitation of employment, truck protection and protection in

occupation, and by affording protection of contract through the

Industrial Regulations, applied to non-factory as well as to factory

labour. The application of protection by limitation of employment is

thus far from being the first exercise of State interference with the

hitherto unrestricted freedom of contract. Nothing will be found in the

developments of protection here dealt with, that has not long ago been

demanded and granted elsewhere, chiefly in England, Austria and

Switzerland.

The economic burden imposed upon the nation by Labour Protection, when

compared with that of Labour Insurance, which we have already, will be

found to be comparatively small. Those measures which call for the

greater sacrifices--protection of married women, and regulation of the

factory ten hours working-day--are recommended on all sides by way of

international uniform regulations.

Freedom of contract will not be impaired, since such adults as are

included under Labour Protection stand in special need of protection,

and are as incapable of self-defence as minors in common law; we have

discussed and proved this contention point by point. This will certainly

soon be recognised generally, even by England and Belgium, whose

representatives at the Berlin Conference laid such stress on freedom of

contract for adults.

An international and internationally administered code for the whole of

Labour Protection is strictly to be avoided.

The wider measures of Labour Protection demanded by the Berlin

Conference, and the _von Berlepsch_ Bill,[16] I conclude therefore to be

nothing more than a fully justifiable and harmless corollary and

supplement to the Social Policy of the Emperor William II. and of Prince

Bismark.

By following in the paths already trodden without ill results by

separate countries, long ago by some, only lately by others, in paths

therefore which have to a certain degree been explored, this policy will

need to be subjected to fewer alterations than that great and noble

policy of Labour Insurance which has struck out in entirely new paths,

and too often worked in consequence by somewhat unpractical methods.

FOOTNOTE:

[16] See Appendix.

APPENDIX.

INDUSTRIAL CODE AMENDMENT BILL (GERMANY).

[_June 1st, 1891_].

We, William, by the grace of God Emperor of Germany, etc., decree

in the name of the Empire, by and with the consent of the Federal

Council and Reichstag, as follows:--

_Article I._

After Sec. 41 of the Industrial Code shall be inserted:

Sec. 41_a_.

Where, in accordance with the provisions of Sec.Sec. 105_b_ to 105_h_,

employment of assistants, apprentices and workmen is prohibited in any

trading industry on Sundays and holidays, no industrial business shall

be carried on on those days in public sale-rooms.

This provision shall not preclude further restrictions by common law of

industrial business on Sundays and holidays.

_Article II._

After Sec. 55 of the Industrial Code shall be inserted.

Sec. 55_a_.

On Sundays and holidays (Sec. 105_a_, 2) all itinerant industrial business,

so far as it is included in Sec. 55 (1) 1-3, shall be prohibited, as well

as the industrial business of the persons specified in Sec. 42_b_.

Exceptions may be allowed by the lower administrative authorities. The

Federal Council is empowered to issue directions as to the terms and

conditions on which exceptions may be allowed.

_Article III._

Chapter VII. of the Industrial Code shall be amended as follows:--

CHAPTER VII.

Industrial workers (journeymen, assistants, apprentices, managers,

foremen, mechanics, factory workers).

I. GENERAL RELATIONS.

Sec. 105.

The settlement of relations between independent industrial employers and

workers shall be left to voluntary agreement, subject to the

restrictions laid down by imperial legislation.

Sec. 105_a_.

Employers cannot oblige their work people to work on Sundays or

holidays.

This, however, does not apply to certain kinds of work mentioned further

on. Holidays are determined by the State Governments in accordance with

local customs and religious belief.

Sec. 105_b_.

There shall be no work on Sundays and holidays in mines, salines,

smelting works, quarries, foundries, factories, workshops, carpenters'

yards, masons' and shipbuilders' yards, brick-fields, and buildings of

any kind.

For every Sunday and holiday the workpeople of such establishments must

be allowed a rest of at least 24 hours, for two consecutive holdings of

36 hours; and for Christmas, Easter and Whitsuntide of 48 hours. The

period of rest must be counted from midnight, and in the case of two

consecutive holidays must last till 6 p.m. of the second day. In

establishments where regular day and night gangs are employed, the

period of rest may commence at any time between 6 p.m. of the preceding

week-day and 6 a.m. of the Sunday or holiday, provided that the work is

completely suspended for 24 hours from such commencement.

The assistants, apprentices and workpeople in small trades and

handicrafts must not be employed on Christmas Day, Easter Sunday and

Whit Sunday; on other Sundays and holidays they must not be employed for

more than five hours.

By statutory regulation of the parish or municipal authorities, such

Sunday work can be further restricted or entirely prohibited for

particular branches of trade. For the last four weeks before Christmas,

and for particular Sundays and holidays, which, owing to local

conditions call for greater activity in trades, the police authorities

may order an extension of the hours of work up to ten. The hours of work

must be so fixed as to admit of attendance at Divine worship. The hours

may be variously fixed for the different branches of trading industry.

Sec. 105_c_.

The provisions of 105_b_ do not apply:

1. To work which must be carried on without delay in cases of

necessity and in the public interest;

2. To the work of keeping the legally prescribed register of Sunday

labour;

3. To the work of watching, cleaning and repairing the workshops,

required for the regular continuance of the main business or of

some other business, nor to any work on which depends the

resumption of the full daily working of the business, wherever such

work cannot be carried on during working days;

4. To such work as may be necessary in order to protect from damage

raw materials or the produce of work, wherever such cannot be

carried on during working days;

5. To the supervision of such work as is carried on on Sundays and

holidays, in accordance with the provisions of clauses 1 to 4.

Employers must keep an accurate register of the workmen so employed on

each Sunday and holiday, stating their number, and the hours and nature

of the work. The register must be produced for examination at any time

at the request of the local police authorities or of the official

specified in Sec. 139_b_.

If the Sunday employment exceeds three hours, or prevents the workpeople

from attending Divine worship, a rest of 36 hours must be given to such

workpeople every third Sunday, or they must be free every second Sunday

from 6 a.m. to 6 p.m.

Exceptions to the above may be allowed by the lower administrative

authorities, provided that the workpeople are not prevented from

attending Divine worship on Sundays, and that a rest of 24 hours is

granted to then on a week-day in lieu of Sunday.

Sec. 105_d_.

The Federal Council may make further exceptions to the provisions of Sec.

105_b_, 1 in certain defined industries, especially in the case of

operations which do not admit of delay or interruption, or which are

limited by natural causes to certain times and seasons, or the nature of

which necessitates increased activity at certain times of the year. The

regulation of the work permitted in such business on Sundays and

holidays, and the regulation of the conditions on which such work shall

be permitted, shall be uniform for all business of the same kind, and

shall be in accordance with the provision of Sec. 105_c_, 3.

The regulations laid down by the Federal Council shall be published in

the _Imperial Law Gazette_, and shall be laid before the Reichstag at

the next session.

Sec. 105_e_.

Exceptions to the restrictions of work on Sundays and holidays may also

be made by the higher administrative authorities in trades which supply

the daily necessaries of life to the public, and in those that require

increased activity on those days; also in establishments the working of

which depends upon the wind or upon the irregular action of water power.

The regulation of these exceptions shall be subject to the provision of

Sec. 105_c_, 3.

The procedure on application for permission of exceptions in the case of

establishments employing machinery worked wholly or mainly by wind or by

the irregular action of water power, shall be subject to the enactments

of Sec.Sec. 20 and 21.

Sec. 105_f_.

In order to prevent a disproportionate loss or to meet an unforeseen

necessity, the lower administrative authorities may also allow

exceptions for a specified time to the provision of Sec. 105_b_, 1.

The orders of the lower administrative authorities shall be issued in

writing, and must be produced by the employer for examination in the

office of the business at the request of the official appointed for the

revision. A copy of the orders shall be hung up inside the place of

business in some spot easily accessible to the workers.

The lower administrative authorities shall draw up a register of the

exceptions granted by them, in which shall be entered the name of the

firm, the kind of work permitted, the number of workers employed in the

business, and the number required for such Sunday or holiday labour,

also the duration of such employment and the grounds on which it is

permitted.

Sec. 105_g_.

The prohibition of Sunday work may be extended by Imperial Ordinance,

with consent of the Federal Council, to other trades besides those

mentioned in the Act. These ordinances shall be laid before the

Reichstag at the next session. The provisions of Sec.Sec. 105_c_ to 105_f_

shall apply to the exceptions to be permitted to such prohibition.

Sec. 105_h_.

The provisions of Sec.Sec. 135_a_ to 105_g_ do not preclude further

restrictions by common law of work on Sundays and holidays.

The Central Provincial Court shall be empowered to permit departures

from the provisions of Sec. 105_b_, 1, for special holidays which do not

fall upon a Sunday. The provision does not apply to Christmas, Easter,

Ascension Day or Whitsuntide.

Sec. 105_i_.

The provisions of Sec.Sec. 105_a_, 1, 105_b_ to 105_g_ do not apply to public

houses and beerhouses, concerts, spectacles, theatrical

representations, or any kind of entertainment, nor to carrying

industries.

Industrial employers may only exact from their workpeople on Sundays and

holidays such work as admits of no delay or interruption.

Sec. 106.

Industrial employers who have been deprived of civil rights shall not,

so long as they remain deprived of these rights, undertake the

instruction of workers below 18 years of age.

The police authorities may enforce the dismissal of workers employed in

contravention of the foregoing prohibitions.

Sec. 107.

Unless special exceptions are made by Imperial Ordinance, persons under

age shall only be employed as workers on condition that they are

furnished with a work register. At the time of engaging such workers,

the employer shall call for the work register. He shall be bound to keep

the same, produce it upon official demand, and return it at the legal

expiration of service relations. It shall be returned to the father or

guardian if demanded by them, or if the worker has not yet completed his

sixteenth year, in other cases it shall be returned to the worker

himself.

With consent of the local authorities of the district specified in Sec.

108, the work register may also be handed over to the mother or other

relation, or directly to the worker himself.

The forgoing provisions do not apply to children who are under

compulsion to attend the national schools.

Sec. 108.

The work register shall be supplied to the worker by the police

authorities of that district in which he has last made a protracted

stay; but if this was not within the limits of the German Empire, then

it shall be free of costs and stamp duty in any German district chosen

by him. It shall be supplied at the request or with the consent of the

father or guardian; and if the opinion of the father cannot be obtained,

or if the father refuses consent on insufficient grounds, and to the

disadvantage of the worker, the local authorities shall themselves grant

consent.

Before the register is supplied it must be certified that the worker is

no longer under compulsion to attend school, and an affadavit must be

made that no work register has previously been supplied to him.

Sec. 109.

If the work register is completely filled up, or can no longer be used,

or if it has been lost or destroyed, another work register shall be

supplied in its place by the local authorities of the district in which

the holder of the register has last made a protracted stay. The register

which has been filled up, or which can no longer be used, shall be

closed by an official mark. If the new register is issued in the place

of one which can no longer be used, or which has been lost or destroyed,

the same shall be notified therein. In such case a fee of fifty pfennig

may be charged.

Sec. 110.

The work register (Sec. 108) must contain the name of the worker, the

place, year and day of his birth, the name and last residence of his

father or guardian, and the signature of the worker. The register shall

be supplied under seal and signature of the magistrate. The latter shall

draw up a schedule of the work registers supplied by him.

The kind of work registers to be used shall be determined by the

Imperial Chancellor.

Sec. 111.

On admission of the worker into service relation, the employer shall

enter, in the place provided for that purpose in the register, the date

of admission, and the nature of the employment, and at the end of the

term of service, the date of leaving, and if any change has been made in

the employment, the nature of the last employment.

The entries shall be made in ink, and shall be signed by the employer or

by the business manager authorised thereto by him.

The entries shall contain no mark intended to attribute a favourable or

unfavourable character to the holder of the register.

The entry of a judgment upon the conduct or manner of work of the

worker, and other entries or marks in or on the register for which no

provision is made in this Act, shall not be permitted.

Sec. 112.

If the work register has been rendered unfit for use by the employer, or

has been lost or destroyed by him, or if signs, entries, and marks have

been made in or on the register, or if the employer refuses without

legal grounds to deliver up the register, the issue of a new register

may be demanded at the cost of the employer.

Any employer who in defiance of his legal obligation has not delivered

up the register in due time, or who has neglected to make the requisite

entries, or who has made illegal signs, entries or marks, may be forced

to compensate the worker. The claim for compensation expires if no

complaint nor remonstrance is made within four weeks.

Sec. 113.

On quitting service workers may demand a testimonial setting forth the

nature and duration of their employment.

This testimonial may, at request of the workers, bear evidence as to

their conduct and manner of working.

Employers are forbidden to add irrelevant remarks concerning the workmen

other than those required for the purpose of the testimonial.

If the worker is under age, the testimonial may be demanded by the

parent or guardian. They may demand that the testimonial shall be handed

to them and not to the worker. With consent of the local authorities of

the district, specified in Sec. 108, the testimonial may be handed directly

to the worker himself, even against the will of the father or guardian.

Sec. 114.

At the request of the worker the local police magistrate shall confirm

the entries in the register and in the testimonial handed to the worker,

free of costs and stamp duty.

Sec. 115.

Industrial employers shall be bound to reckon and pay the wages of the

worker in coin of the realm.

They shall not credit the workers with goods. But they may be permitted

to supply the workers under their care with provisions at cost price,

with dwellings and land at the customary local rate of rent and hire,

with firing, lighting, board, medicines and medical assistance, also

with tools and materials for work, at the average cost price, and to

charge such to their account in payment of wage.

Materials and tools may be supplied for contract work at a higher price,

provided the agreement be made beforehand, and the price do not exceed

the customary local prices.

Sec. 115_a_.

Wage payment and payments on account shall not be made in public-houses

or beer-houses or sale-rooms, without the consent of the lower

administrative authorities; they shall not be made to a third party on

pretext of legal claims thereto, or on production of documents showing

legal claims, such being legally void under Sec. 2 of the Appropriation of

Work Wage or Service Wage Act of June 21st, 1869 (_Federal Law Gazette_,

p. 242).

Sec. 116.

Workers whose claims have been dealt with in a manner contrary to Sec. 115

may at any time demand payment in accordance with Sec. 115, and no

objection shall be urged against such claim on the ground that they have

already received something in lieu of payment. The first payment, if it

still remains in the hands of the recipient, or if he is still deriving

advantage therefrom, shall be handed over to the workers' provident

fund, or, in default of such, to such other fund existing in the

locality for the benefit of the workers, as shall be determined by the

local authorities, or, in default of such, to the local poor fund.

Sec. 117.

Agreements made in contravention of Sec. 115 shall be void.

The same shall apply also to agreements between industrial employers and

their workpeople as to the supply of goods to the latter from certain

shops, and to agreements as to the appropriation of the earnings of the

latter to any other purpose than to contributing to schemes for the

improvement of the condition of the workers or their families.

Sec. 118.

Claims for goods supplied on credit in contravention of Sec. 115, can

neither be sued for by the creditor, nor charged to account, nor

otherwise made good, whether the transaction was made directly between

the parties, or indirectly. Such claims shall be appropriated to the

funds specified in Sec. 116.

Sec. 119.

The expression "industrial employers," as used in Sec.Sec. 115 to 118,

includes members of their families, their assistants, agents, managers,

overseers and foremen, and other directors of industry in whose business

any one of the persons here mentioned directly or indirectly takes part.

Sec. 119_a_.

Retentions of wage reserved by the employer of industry as security for

compensation for loss arising from illegal dissolution of service

relations, or as a stipulated fine imposed in such a case, shall not

exceed a quarter of the usual wage in single wage payments, and the nett

amount shall not exceed the amount of the average weekly wage.

By statutory provision of a parish or any larger corporate union it may

be determined for all industrial trades, or for certain kinds of the

same:

1. That wage payments and payments on account shall be made at

certain fixed intervals, which shall not be longer than one month,

and not shorter than one week;

2. That the wage earned by workers under age shall be paid to the

parents or guardians, and only with their written consent or

voucher for the receipt of the last wage payment directly to the

young workers themselves;

3. That industrial employers shall give information within certain

fixed periods, to the parents or guardians as to the amount of wage

paid to workers under age.

Sec. 119_b_.

The workers specified in Sec.Sec. 115 to 119_a_ include also such persons as

are employed by certain specified industrial employers, outside the work

places of the latter, in the preparation of industrial products, even if

the raw materials and accessories are furnished by the workers

themselves.

Sec. 120.

Employers of industry shall be bound in the case of workers under

eighteen years of age who attend a place of instruction recognised by

the local authorities or by the State, to grant them for such purpose

the requisite time, to be fixed by the appointed authority. Instruction

shall only take place on Sundays, provided that the hours of instruction

are so fixed that the scholars may not be prevented from attending

Divine Service or any special services appointed by the spiritual

authorities of their respective denominations. Exceptions to this

provision may be granted by the Central Court until October 1, 1894, in

the case of existing educational schools, attendance at which is not

compulsory.

Educational schools, as understood by this provision, include

establishments in which instruction is given in female handiwork and

domestic work.

By statutory provision of a parish or any larger corporate union (Sec. 142)

obligation may be imposed on male workers under eighteen years of age to

attend an educational school, where such obligation is not imposed by

common law. In the same way necessary provisions may be made for the

enforcement of such obligation. In particular, statutory provisions may

be made to ensure the regular attendance at school of such children as

are under the age of compulsion, and to determine the obligations of the

parents, guardians and employers in this respect, and directions shall

be issued for the insurance of order in the school and of the proper

behaviour of the scholars. Such persons as attend a guild school or

other educational or technical school, shall be released from obligation

imposed by statutory provisions to attend an educational school, where

such guild or other educational or technical schools are recognised by

the higher administrative authorities as fitting substitutes for the

instruction of the general educational schools.

Sec. 120_a_.

Employers of industry shall be bound so to arrange and maintain their

workrooms, business plant, machines and tools, and so to regulate their

business, that the workers may be protected against dangers to life and

health, so far as the nature of the business may allow.

In particular, attention shall be paid to the supply of sufficient

light, a sufficient cubic space of air and ventilation, to the removal

of all dust and dirt arising from the work, and of all smoke and gases

developed thereby, as well as to any risks inherent in it.

Also such arrangements shall be made as are necessary to protect the

workers against dangerous contact with the machines or parts of the

machinery, or against other dangers proceeding from the nature of the

place of business or of the business itself, especially against danger

arising from fire in the factory.

Lastly, such orders shall be issued for the regulation of business and

the conduct of the workers, as may be necessary to ensure freedom from

danger in work.

Sec. 120_b_.

Employers of industry shall be bound to make such arrangements and to

issue such orders for the conduct of the workers as may be necessary to

ensure the maintenance of decency and good morals.

In particular, separation of the sexes in their work shall be enforced

so far as the nature of the business may permit, where the maintenance

of good morals and decency cannot be otherwise ensured in the

arrangement of the business.

In establishments where the nature of the business renders it necessary

for the workers to change their clothes and wash themselves after their

work, sufficient separate rooms for dressing and washing shall be

provided for each sex.

Sufficient lavatories shall be provided for the number of the workers,

and they shall be so arranged as to meet all requirements of health, and

to allow of their being used without offence to decency and morality.

Sec. 120_c_.

Employers of industry employing workers under eighteen years of age

shall be bound in the arrangement of their places of business, and in

the regulation of their business, to take such precautions for the

security of health and morals as may be required by the age of the

workers.

Sec. 120_d_.

The appointed police authorities shall be empowered to issue orders for

separate establishments for the carrying out of such measures as may

seem necessary for the maintenance of the principles laid down in Sec.Sec.

120_a_ to 120_c_, and such as may seem practicable according to the

nature of the establishment. They may order that suitable rooms, heated

during the cold season, be placed free of charge at the disposal of the

workers, in which the meal times may be spent outside the workrooms.

A sufficient delay must be granted for the carrying out of the measures

ordered, unless they be directed to the removal of some pressing danger,

threatening life or health.

In the case of establishments already existing at the time of the

proclamation of this Act (not including extensions and outbuildings

since added), only such requirements shall be demanded as may seem

necessary for the removal of grave evils endangering the life, health or

morals of the workers, and only such as may seem practicable without

disproportionate expense.

The employer shall have right of appeal within two weeks to the higher

administrative authorities against the order of the police magistrate;

and within four weeks to the Central Court against the decision of the

higher administrative authorities. The decision of the Central Court

shall be final. If the order is contrary to the directions issued by the

authorised trade guild for precautions against accidents, the president

of the trade guild shall be empowered to use the afore-named remedies

within the period granted to the employer.

Sec. 120_e_.

By decision of the Federal Council, directions may be issued, showing

what requirements shall be sufficient in certain kinds of establishments

for the maintenance of the principles laid down in Sec.Sec. 120_a_ to 120_c_.

Where such directions are not issued by decision of the Federal Council,

they may be issued by order of the Central Provincial Court or by police

regulations of such courts as are empowered to issue the same. Before

the issue of such orders and police regulations, opportunity shall be

given to the presidents of trade guilds or of sections of trade guilds,

to express their opinion thereon. The provisions of Sec. 79, I. of the

Insurance against Accidents Act of July 6, 1884, do not apply to this.

In the case of those industries in which the health of the workers would

be endangered by the excessive duration of daily work, orders may be

issued by decision of the Federal Council as to the duration, beginning

and ending of the time permitted for daily work, and as to the intervals

to be granted; and the necessary orders may be issued for the

enforcement of these directions.

Directions issued by decision of the Federal Council shall be published

in the _Imperial Law Gazette_, and shall be laid before the Reichstag

for discussion at the next session.

II. RELATIONS OF JOURNEYMEN AND ASSISTANTS.

Sec. 121.

Journeymen and assistants shall be bound to obey the orders of the

employer with respect to the work entrusted to them, and to comply with

domestic arrangements; they shall not be obliged to perform domestic

work.

Sec. 122.

Working relations between journeymen or assistants and their employers

may be dissolved by notice given fourteen days previously by either

party, unless agreement to the contrary has been made. If other periods

of notice have been agreed on, they must be equal for both parties.

Agreements made in contravention of this provision shall be void.

Sec. 123.

Journeymen and assistants may be dismissed before the expiration of the

contract time, and without notice:

1. If, in concluding the contract of work they have deceived the

employer by producing a false or falsified work register or

testimonial, or if they have deceived him as to the existence of

some other working relation in which they already stand;

2. If they are guilty of theft, appropriation, embezzlement, deceit

or immoral living;

3. If they have quitted work without permission, or have otherwise

persistently refused to fulfil the obligations imposed upon them by

the contract;

4. If, in spite of warnings, they carelessly carry about fire and

light;

5. If they are guilty of violence or abuse towards the employer or

his representatives or towards the relatives of the employer or of

his representatives;

6. If they are guilty of wilful and illegal damage to the injury of

the employer or of a fellow-worker;

7. If they lead or seek to lead relatives of the employer or of his

representatives or of their fellow-workers into illegal or immoral

courses, or if they unite with relatives of the employer or of his

representatives in committing illegal or immoral acts;

8. If they are incapable of continuing work or are afflicted with

serious illness.

In the cases mentioned under Nos. 1 to 7, dismissal shall no longer be

permissible if the grounds thereof have been known to the employer for

longer than one week.

In the case mentioned under No. 8, it shall be determined in accordance

with the contract and with general legal enactments, how far claims for

compensation may be preferred by the party dismissed.

Sec. 124.

Journeymen and assistants may quit work without notice before the

expiration of the contract time:

1. If they become incapable of continuing work;

2. If the employer or his representatives are guilty of violence

or abuse towards the workers or their relatives;

3. If the employer or his representatives or their relatives lead

or seek to lead the workers or their relatives into illegal or

immoral courses, or if they unite with relatives of the workers in

committing illegal or immoral acts;

4. If the employer does not pay the wage due to the workers in the

manner prescribed, if, under the piece-work system, he does not

provide them with sufficient employment, or if he is guilty of

illegally over-reaching them;

5. If, by continuing the work, the life or health of the workers

would be exposed to a demonstrable risk which was not apparent at

the time of entering into the contract.

In the cases mentioned under No. 2, quitting service without notice is

no longer permissible if the grounds thereof have been known to the

workers for longer than one week.

Sec. 124_a_.

Besides the cases specified in Sec.Sec. 123 and 124, each party may, in cases

where urgent reasons exist, demand to be released from working relations

before the expiration of the contract time and without observing the due

period of notice, if the contract is for longer than four weeks, or if a

longer period of notice than fourteen days has been agreed upon.

Sec. 124_b_.

If a journeyman or assistant has quitted work illegally, the employer

may claim compensation for the day of the breach of contract and for

each following day of the contract time or legal working time, during

one week at most, to the amount of the local customary daily wage (Sec. 8

of the Insurance against Sickness Act of June 15, 1883; _Imperial Law

Gazette_, p. 73). This claim need not rest upon proof of loss. When thus

made good, claim for fulfilment of contract and further compensation for

loss is precluded. The journeyman or assistant shall enjoy the same

right against the employer, if he has been dismissed before the legal

ending of the working relations.

Sec. 125.

Any employer inducing a journeyman or assistant to quit work before the

legal ending of working relations, shall himself be liable to the former

employer for loss arising, or for the legal compensation claim under Sec.

124_b_. In the same manner an employer shall be answerable if he takes

into his employ a journeyman or assistant who to his knowledge is still

contracted to any employer.

Any employer shall also be liable under the foregoing sub-section if he

employs a journeyman or assistant, who to his knowledge is still

contracted to another employer, throughout the duration of such term;

the claim expires after fourteen days from the date of the illegal

dissolution of working relations.

The persons specified in Sec. 119_b_ shall be accounted as journeymen and

assistants as understood by the foregoing provisions.

III. APPRENTICE RELATIONS.

Sec. 126.

The master shall be bound to instruct the apprentice in all branches of

the work of the trade forming part of his business, in due succession

and to the extent necessary for the complete mastery of the trade or

handicraft. He must conduct the instruction of the apprentice himself or

through a fit representative expressly appointed thereto. He shall not

deprive the apprentice of the necessary time and opportunity on Sundays

and holidays for his education and for attendance at Divine Service, by

employing him in other kinds of service. He shall train his apprentice

in habits of diligence and in good morals, and shall keep him from evil

courses.

Sec. 127.

The apprentice shall be placed under the parental discipline of the

master. He shall be bound to render obedience to the one who conducts

his instruction in the place of the master.

Sec. 128.

Apprentice relations may be dissolved by the withdrawal of one party

during the first four weeks after the beginning of the apprenticeship,

unless a longer time has been agreed upon.

Any agreement to fix this time of probation at longer than three months

shall be void.

After the expiration of the time of probation the apprentice may be

dismissed before the ending of the apprenticeship agreed upon, if any

one of the cases provided for in Sec. 123 applies to him.

On the part of the apprentice, relations may be dissolved at the

expiration of the time of probation:

1. If any one of the cases provided for in Sec. 124 under nos. 1, 3 to

5 occurs;

2. If the master neglects his legal obligations towards the

apprentice in a manner endangering the health, morals or education

of the apprentice, or if he abuses his right of parental

discipline, or becomes incapable of fulfilling the obligations

imposed upon him by the contract.

The contract of apprenticeship shall be dissolved by the death of the

apprentice. The contract of apprenticeship shall be dissolved by the

death of the master if the claim is made within four weeks.

Written contracts of apprenticeship shall be free of stamp duty.

Sec. 129.

At the termination of apprentice relations, the master shall deliver to

the apprentice a testimonial stating the trade in which the apprentice

has been instructed, the duration of the apprenticeship, the knowledge

and skill acquired during that time, and also the conduct of the

apprentice. This testimonial shall be certified by the borough

magistrate free of costs and stamp duty.

In cases where there are guilds or other industrial representative

bodies, letters or certificates from these may supply the place of such

testimonials.

Sec. 130.

If the apprentice quits his instruction under circumstances not provided

for in this Act, without consent of his master, the latter can only make

good his claim for the return of the apprentice, if the contract of

apprenticeship has been drawn up in writing. In such case the police

magistrate may, on application of the master, oblige the apprentice to

remain under instruction so long as apprentice relations are declared by

judicial ruling to be still undissolved.

Application is only admissible if made within one week after the

departure of the apprentice. In case of refusal, the police magistrate

may cause the apprentice to be taken back by force, or he may compel him

to return under pain of a fine, to the amount of fifty marks, or

detention for five days.

Sec. 131.

If the parent or guardian acting for the apprentice, or if the

apprentice himself, being of age, shall deliver a written declaration

to the master, that the apprentice wishes to enter into some other

industry or some other calling, apprentice relations shall cease after

the expiration of four weeks, if the apprentice is not allowed to leave

earlier. The grounds of the dissolution must be notified in the work

register by the master.

The apprentice shall not be employed in the same trade by another

employer, without consent of the former master, within nine months after

such dissolution of apprentice relations.

Sec. 132.

If apprentice relations are severed by either party, before the

appointed time, the other party can claim compensation only if the

contract has been made in writing. In the cases referred to in Sec. 128, 1,

4, the claim will only hold if the kind and degree of compensation has

been specified beforehand, in the contract.

The claim is void unless made within four weeks of the dissolution of

apprentice relations.

Sec. 133.

If apprentice relations are dissolved by the master, because the

apprentice has quitted his work without permission, the compensation

claimed by the master shall, unless some other agreement have been made

in the contract, be fixed at a sum amounting for every day succeeding

the day of breach of contract, up to a limit of six months, to the half

of the customary local wage paid to journeymen and assistants in the

trade of the master.

The father of the apprentice shall be liable for the payment of

compensation, also any employer who has induced the apprentice to quit

his apprenticeship, or who has received him into his employ, although

knowing him to be still under obligation to continue in apprentice

relations to another employer. If the one who is entitled to

compensation has not received information till after the dissolution of

apprentice relations, as to the employer who has induced the apprentice

to quit his work, or who has taken him into his employ, claim for

compensation against the latter shall expire if not preferred within

four weeks after such information has been received.

IIIA. RELATIONS OF BUSINESS MANAGERS, FOREMEN, SKILLED TECHNICAL

WORKERS.

Sec. 133_a_.

The service relations of such persons, as are employed by directors of

industry for certain defined purposes, and are charged, not merely

temporarily, with the conduct and supervision of the business, or of a

department of the business (business managers, foremen, etc.), or are

entrusted with the higher kinds of technical service work (experts in

machinery, mechanical engineers, chemists, draughtsmen, and the like),

may, if not otherwise agreed, be broken off by either party at the

expiration of any quarter of the calendar year, after notice has been

given six weeks previously.

Sec. 133_b_.

Either party may, before the expiration of the contract time, demand

dissolution of service relations without observing the due period of

notice, provided sufficiently important reasons exist to justify the

dissolution under the circumstances.

Sec. 133_c_.

Dissolution of service relations may be demanded, in particular, of the

persons specified in Sec. 133_a_.

1. If at the time of concluding the contract, they have deceived

the employer by presenting false or falsified testimonials, or if

they have deceived him as to the existence of another service

relation, to which they were simultaneously bound;

2. If they are unfaithful in service or if they abuse confidence;

3. If they quit service without permission, or persistently refuse

to fulfil the obligations imposed upon them by the service

contract;

4. If they are hindered in the performance of service by protracted

illness, or by long detention or absence;

5. If they are guilty of violence or insult towards the employer or

his representatives;

6. If they pursue an immoral course of life.

In the case of No. 4, the worker's claim for the fulfilment of contract,

by the employer, shall remain in force for six weeks, if the performance

of service has been hindered by some unavoidable misfortune; but in such

cases the claim shall be limited to the amount that is legally due to

the claimant as insurance against sickness or accident.

Sec. 133_d_.

The persons specified in Sec. 133_a_ may demand dissolution of service

relations, in particular:

1. If the employer or his representatives are guilty of violence or

insult towards them;

2. If the employer does not provide the work agreed upon in the

contract;

3. If, by the continuance of service relations, their life or

health would be exposed to demonstrable danger, which was not

apparent at the time of entering into service-relations.

Sec. 133_e_.

The provisions of Sec.Sec. 124_b_ and 125 shall apply to the persons specified

in Sec. 133_a_, but not the provisions of Sec. 119_a_.

IV. RELATIONS OF FACTORY WORKERS.

Sec. 134.

The provisions of Sec.Sec. 121 to 125 shall apply to factory workers; if the

factory workers are apprentices, the provisions of Sec.Sec. 126 to 133 shall

apply to them.

Owners of factories in which, as a rule, at least twenty workers are

employed, shall be prohibited, in the case of illegal dissolution of

working relations by the worker, from exacting forfeiture or withholding

wage beyond the amount of the average weekly wage. The provisions of Sec.

124_b_ shall not apply to employers and workers in such factories.

Sec. 134_a_.

In every factory in which, as a rule, at least twenty workers are

employed, _working rules_ shall be issued within four weeks after this

Act comes into force, or after the opening of the business. Special

working rules may be issued for separate departments of the business, or

separate groups of workers. The rules must be posted up (Sec. 134_e_ [2]).

In the working rules must be set forth the time at which they are to

come into operation and the date of issue. They must bear the signature

of the person by whom they are issued.

Alterations in the contents can only be made by the issue of

supplements, or by the issue of new working rules in the place of the

existing rules.

Working rules, and supplement to the same, shall come into operation at

the earliest, two weeks after issue.

Sec. 134_b_.

Working rules shall contain directions:

1. As to the beginning and end of the time of daily work, also as

to the intervals provided for adult workers;

2. As to the time and manner of computing and paying wage;

3. Where legal provisions are insufficient, as to the period of

notice due, also as to the grounds on which dismissal from work and

quitting work is permissible without notice;

4. Where fines are enforced, as to the kind and amount thereof, the

method of determining them, and, if they consist in money, as to

the manner of collecting them, and the purpose to which they shall

be appropriated.

5. Where forfeiture of wage is exacted in accordance with the

provisions of Sec. 134 (2), by the working rules or by the working

contract, as to the appropriation of the proceeds.

Punishments destructive of self-respect, or dangerous to morals, shall

not be admitted in the working rules. Money fines shall not exceed the

half of the average daily wage, except in cases of violence towards

fellow-workers, grave offences against morality, and contempt of

directions issued for the maintenance of order in the business, for

security against dangers incidental to it, or for carrying out the

provisions of the Industrial Code, where money fines to the full amount

of the average daily wage may be imposed. All fines shall be devoted to

the benefit of the workers in the factory. The right of the employer to

claim compensation for damage is not affected by this provision.

It shall be left to the owner of the factory to insert in the working

rules, together with the provisions of sub-section (1) from 1 to 5,

further provisions for the regulation of the business and the conduct of

the workers employed in it. With the consent of the standing committee

of workers, directions may be inserted in the working rules, as to the

conduct of the workers in the use of arrangements, provided for their

benefit in the factory, also directions as to the conduct of workers

under age, outside the factory.

Sec. 134_c_.

The contents of the working rules shall be, unless contrary to law,

legally binding on employers and workers.

No grounds shall be agreed upon in the contract of work, for dismissal

from work, other than those laid down in the working rules or in Sec.Sec. 123

or 124.

No fines shall be imposed on the workers other than those laid down in

the working rules. Fines must be fixed without delay, and information

thereof must be given to the worker.

The money fines imposed shall be entered in a register which shall set

forth the name of the offender, the day of imposition, the grounds, and

the amount of the fine, and this register shall be produced for

inspection at any time, at the request of the officer specified in Sec.

139_b_.

Sec. 134_d_.

Before the issue of working rules, or of supplements to the same,

opportunity shall be given to the workers of full age, employed in the

factory or in the departments of the business, to which the rules in

question apply, to express their opinion on the contents of the same.

In factories in which there is a standing committee of workers the

requirements of this provision shall be satisfied by granting a hearing

to the committee, on the contents of the working rules.

Sec. 134_e_.

The working rules and any supplement to the same shall, on communication

of opinions expressed by the workers, provided such expression be given

in writing or in the form of protocols, be laid before the lower court

of administration in duplicate, within three days after the issue,

accompanied by a declaration showing that, and in what manner the

requirements of the enactment of Sec. 134_d_ have been satisfied.

The working rules shall be posted up in a specially appointed place,

accessible to all the workers to whom they apply. The placard must

always be kept in a legible condition. A copy of the working rules shall

be handed to every worker upon his entrance into employment.

Sec. 134_f_.

Working rules or supplements to the same, which are not issued in

accordance with these enactments, or the contents of which are contrary

to legal provisions, shall be replaced by legal working rules, or shall

be altered in accordance with legal enactment, by order of the lower

court of administration.

Appeal against this order may be lodged within two weeks, with the

higher court of administration.

Sec. 134_g_.

Working rules issued before this Act comes into force, shall be subject

to the provisions of Sec.Sec. 134_a_ to 134_c_, 134_e_ (2), 134_f_, and shall

be laid before the lower court of administration in duplicate, within

four weeks.

Sections 134_d_ and 134_e_ (1) shall not apply to later alterations of

such working rules, or to working rules issued for the first time, since

January 1st, 1891.

Sec. 134_h_.

The expression "standing committees of workers," as understood by Sec.Sec.

134_b_ (3), and 134_d_, includes only:

1. The managing committee of the sick-clubs of the business

(factory), or of other clubs existing in the factory, for the

benefit of the workers, the majority of the members of which are

elected by the workers out of their midst--where such exist as

standing committees of workers;

2. The eldest journeymen of such journeymen's unions as include the

business of any employers not subject to the provisions of the

Mining Acts--where such exist as standing committees of workers;

3. Standing committees of workers, formed before Jan. 1st, 1891,

the majority of the members of which are elected by the workers out

of their midst;

4. Representative bodies, the majority of the members of which are

elected out of their midst by direct ballot voting of the workers

of full age in the factory, or in the departments of the business

concerned. The choice of representatives may be made according to

classes of workers or special departments of the business.

Sec. 135.

Children under 13 years of age cannot be employed in factories. Children

above 13 years of age can only be employed in factories if they are no

longer required to attend the elementary schools.

The employment of children under 14 years of age must not exceed 6 hours

a day.

Young persons between 14 and 16 years of age must not be employed in

factories for more than 10 hours a day.

Sec. 136.

Young workers (Sec. 135) shall not begin work before 5.30 in the morning,

or end it later than 8.30 in the evening.

On every working day regular intervals must be granted, between the

hours of work. For children who are only employed for six hours daily,

the interval must amount to half an hour at least. An interval of at

least half an hour at mid-day, and half an hour in the forenoon and

afternoon must be given to other young workers.

During the intervals, employment of young workers in the business of the

factory shall be entirely prohibited, and their retention in the work

rooms shall only be permitted, if the part of the business in which the

young workers are employed is completely suspended in the work rooms

during the time of the interval, or if their stay in the open air is not

practicable, and if other special rooms cannot be procured without

disproportionate difficulties.

Young workers shall not be employed on Sundays and festivals, nor during

the hours appointed for regular spiritual duties, instruction in the

catechism, preparation for confession and communion, by the authorized

priest or pastor of the community.

Sec. 137.

Girls and women cannot be employed in factories during the night,

between the hours of 8.30 p.m. and 5.30 a.m., and must be free on

Saturdays and on the eves of festivals by 5.30 p.m. The employment of

women workers over 16 years of age must not exceed 11 hours a day, and

on Saturdays and the eve of festivals must not exceed 10 hours.

An interval between the hours of work of at least one hour at mid-day

must be allowed to women workers.

Women workers over 16 years of age, who manage a household, shall at

their request be set free half an hour before the mid-day interval,

except in cases where this amounts to at least one and a half hours.

Women after childbirth can in no case be admitted to work until fully

four weeks after delivery, and in the following two weeks only if they

are declared to be fit for work by a duly authorized physician.

Sec. 138.

The owners of factories, in which it is intended to employ women or

young persons, must make a written announcement of the fact to the local

police authorities before such employment commences.

The notice shall set forth the name of the factory, the days of the week

on which employment is to take place, the beginning and end of the time

of work, and the intervals granted, also the kind of employment.

No alteration can be made except such delays as are temporarily

necessitated by the replacement of absent workers in separate shifts of

work, before notice thereof has been given to the magistrate. In every

factory the employer shall, in the workrooms in which young workers are

employed, provide a register of young workers to be posted up in some

conspicuous place; the same shall contain information as to days of

work, beginning and end of time of work, and intervals allowed.

He shall likewise provide in such workrooms a notice board, on which

shall be posted up, in plain writing, an extract, to be determined by

the Central Court, from the provisions for the employment of women and

young workers.

Sec. 138_a_.

In case of unusual pressure of work, the lower court of administration

shall be empowered, on application of the employer, to permit for a

fortnight at a time, the employment of women workers over 16 years of

age up to 10 o'clock in the evening (except on Saturdays), provided that

their daily working time does not exceed 13 hours.

Such extension cannot be allowed to the employer during more than 40

days in any one year.

Further extension beyond the two weeks, or for more than forty days in

the year, can only be granted by the higher court of administration,

and by it, only on condition that in the business or in the department

of business in question, the total average number of hours per day,

calculated over the whole year does not exceed the legal limit.

Application shall be made in writing, and must set forth the grounds on

which such extension is requested, the number of women workers affected,

the amount of employment, and the length of time required.

The decision of the lower court of administration on the application

shall be given in writing within three days. Appeal against refusal of

permission may be lodged with the superior court.

In cases where the extension is granted the lower court of

administration shall draw up a schedule, in which shall be entered the

name of the employer, and a copy of the statements contained in the

written application.

The lower court of administration may permit the employment of such

women workers being over 16 years of age, as have not the care of a

household, and do not attend an educational school, in the kinds of work

specified in Sec. 105 (1), 2 and 3, on Saturdays and the eve of festivals,

after 5.30 p.m., but not after 8.30 p.m.

The permit shall be in writing, and shall be kept by the employer.

Sec. 139.

If natural causes or accidents shall have interrupted the business of a

factory, exceptions to the restrictions laid down in Sec.Sec. 135 (2), (3),

136, 137 (1) to (3), may be granted by the higher court of

administration, for a period of four weeks, and for a longer time by the

Imperial Chancellor. In urgent cases of such a kind, and also where

necessary, in order to guard against accidents, exceptions may be

granted by the lower court of administration, but only for a period of

fourteen days.

If the nature of the business, or special considerations attaching to

workers in particular factories, seem to render it desirable that the

working time of women and young workers should be regulated otherwise

than as laid down by Sec.Sec. 136 and 137 (1), (3), special regulations may be

permitted on application, by the higher court of administration, in the

matter of intervals, in other matters by the Imperial Chancellor. But in

such cases young workers shall not be employed for longer than six

hours, unless intervals are granted between the hours of work, of an

aggregate duration of at least one hour.

Orders issued in accordance with the foregoing provisions shall be in

writing.

Sec. 139_a_.

The Bundesrath (Federal Council) shall be empowered:

1. To entirely prohibit or to attach certain conditions to the

employment of women and of young workers in certain branches of

manufacture which involve special dangers to health or morality;

2. To grant exceptions to the provisions of Sec.Sec. 135 (2) and (3),

136, 137 (1) to (3), in the case of factories requiring

uninterrupted use of fire, or in which for other reasons, the

nature of the business necessitates regular day and night work,

also in the case of factories, a part of the business of which does

not admit of regular shifts of equal duration, or is from its

nature restricted to certain seasons;

3. To prevent the shortening or the omission of the intervals

prescribed for young workers, in certain branches of manufacture,

where the nature of the business, or consideration for the workers

may seem to render it desirable;

4. To grant exceptions to the provisions of Sec. 134 (1) and (2), in

certain branches of manufacture in which pressure of business

occurs regularly at certain times of the year, on condition that

the daily working time does not exceed 13 hours, and on Saturday 10

hours.

In the cases under No. 2, the duration of weekly working time shall not

exceed 36 hours for children, 60 hours for young persons, 65 hours for

women workers, and 70 hours for young persons and women in brick and

tile kilns.

Night work shall not exceed in duration 10 hours in 24, and in every

shift one or more intervals, of an aggregate duration of at least one

hour, shall be granted.

In the cases under No. 4, permission for overtime work for more than 40

days in the year may only be granted, on condition that the working time

is so regulated that the average daily duration of working days does not

exceed the regular legal working time.

The provisions laid down by decision of the Bundesrath (Federal Council)

shall be limited as to time, and shall also be issued for certain

specified districts. They shall be published in the _Imperial Law

Gazette_, and shall be laid before the Reichstag at its next session.

V. SUPERVISION.

Sec. 139_b_.

The supervision and enforcement of the provisions of Sec.Sec. 105_b_ (1),

105_c_ to 105_h_, 120_a_ to 120_e_, 134 to 139_a_, shall be entrusted

exclusively to the ordinary police magistrates, or, together with them,

to officials specially appointed thereto by the provincial governments.

In the exercise of such supervision the local police magistrates shall

be empowered with all official authority, especially with the right of

inspection of establishments at any time. They shall be bound to observe

secrecy (except in exposing illegalities) as to their official knowledge

of the business affairs of the establishments submitted to their

inspection.

The settlement of relations of competence between these officials and

the ordinary police magistrates, shall be subject to the constitutional

regulation of the separate States of the Bund.

The officials mentioned shall publish annual reports of their official

acts. These annual reports or extracts from the same, shall be laid

before the Bundesrath and the Reichstag.

Employers must at any time during the hours of business, especially at

night, permit official inspection to be carried out in accordance with

the provisions of Sec.Sec. 105_a_ to 105_h_, 120_a_ to 120_e_, 134 to 139_a_.

Employers shall further be bound to impart to the officials appointed or

to the police magistrate, such statistical information as to the

relations of their workers, as may be prescribed by the Bundesrath or

the Central Provincial Court, with due observance of the terms and forms

prescribed.

_Article IV._

Chapter IX. of the Industrial Code shall contain the following clauses:

CHAPTER IX.

STATUTORY PROVISIONS.

Sec. 142.

Statutory provisions of a borough or wider communal union shall be

binding in regard to all those industrial matters with which the law

empowers them to deal. After they have been considered by the directors

of industry and the workers concerned, the statutory provisions must

receive the assent of the higher court of administration, and shall

then be published in some form prescribed by the parish or wider

communal union, or in the usual form.

The Central Court shall be empowered to annul statutory provisions which

are contrary to law or to the statutory provisions of a wider communal

union.

_Article V._

Sub-section 2 of Sec. 93_a_ (2_b_) shall contain the following clause:

_b._ The supervision by the union of the observation of the

provisions laid down in Sec.Sec. 41_a_, 105_a_ to 105_g_, 120 to 120_e_,

126, 127.

_Article VI._

The penal provisions of Chapter X. of the Industrial Code shall be

altered as follows:

1. Section 146, (1) 1, 2, and 3, shall contain the following clauses:

1. Directors of industry, acting in contravention of Sec. 115;

2. Directors of industry, acting in contravention of Sec.Sec. 135, 136,

137, or of orders issued on the grounds of Sec.Sec. 139 to 139_a_;

3. Directors of industry, acting in contravention of Sec.Sec. 111 (3) and

113 (3);

2. The following sub-section shall be added to Sec. 146:

Section 75 of the Constitution of Justice Act shall apply here.

3. After Sec. 146 shall be inserted:

Sec. 146_a_.

Any person who gives employment to workers on Sundays and festivals, in

contravention of Sec.Sec. 105_b_ to 105_g_, or of the orders issued on the

grounds thereof, or any person who acts in contravention of Sec.Sec. 41_a_

and 55_a_, or of the statutory provisions laid down on the grounds of Sec.

105 (2) shall be punished with a money fine to the amount of 600 marks,

or in default of the same, with imprisonment.

4. Section 147 (1) 4 shall contain the following clause:

4. Any person who acts in contravention of the final orders issued

on the grounds of Sec. 120_d_, or of enactments issued on the grounds

of Sec. 120_e_;

5. After Sec. 147 (1) 4, shall be inserted:

5. Any person who conducts a factory, in which there are no working

rules, or who neglects to obey the final order of the court as to

the substitution or alteration of the working rules.

6. Section 147 shall contain at the close the following new sub-section.

In the case of No. 4, the police magistrate may, pending the

settlement of affairs by order or enactment, order suspension of

the business, in case the continuance of the same would be likely

to entail serious disadvantages or dangers.

7. Section 148 shall contain the following extensions:

11. Any person who, contrary to the provision of Sec. 134_c_ (2),

imposes such fines on the workers as are not prescribed in the

working rules, or such as exceed the legally permissible amount, or

any person who appropriates the proceeds of fines or the sums

specified in Sec. 134_b_ 5, in a manner not prescribed in the working

rules;

12. Any person who neglects to fulfil the obligations imposed upon

him by Sec.Sec. 134_e_ (1), and 134_g_;

13. Any person who acts in contravention of Sec. 115_a_, or of the

statutory provisions laid down on the grounds of Sec. 119_a_.

8. Section 149 (1) 7 shall contain the following clause:

7. Any person who neglects to fulfil the obligations imposed upon

him by Sec.Sec. 105_c_ (2), 134_e_ (2), 138, 138_a_ (5), 139_b_;

9. Section 150(2) shall contain the following clause:

2. Any person who, except in the case prescribed in Sec. 146 (3), acts

in contravention of the provisions of this Act with respect to the

work register;

10. Section 150 shall contain the following extensions:

4. Any person who acts in contravention of the provisions of Sec. 120

(1), or of the statutory provisions laid down in accordance with Sec.

120 (3);

5. Any person who neglects to fulfil the obligations imposed upon

him by Sec. 134_c_ (3).

Common law enactments against neglect of school duties, on which a

higher fine is imposed, shall not be affected by the provision of No. 4.

11. Section 151 (1) shall contain the following clause:

If in the exercise of a trade, police orders are infringed by

persons appointed by the director of the industrial enterprise, to

conduct the business or a department of the same, or to superintend

the same, the fine shall be imposed upon the latter. The director

of the industrial enterprise shall likewise be liable to a fine if

the infringement has taken place with his knowledge, or if he has

neglected to take the necessary care in providing for suitable

inspection of the business, or in choosing and supervising the

manager or overseers.

_Article VII._

The following provisions shall be substituted for Sec. 154 of the

Industrial Code:

Sec. 154.

The provisions of Sec.Sec. 105 to 133_c_ shall not apply to assistants and

apprentices in the business of apothecaries; the provisions of Sec.Sec. 105,

106 to 119_b_, 120_a_ to 133_e_, shall not apply to assistants and

apprentices in trading business.

--The provisions of Sec.Sec. 105 to 133_e_ shall apply to employers and

workers in smelting-houses, timber-yards, and other building yards, in

dockyards, and in such brick and tile kilns, and such mines and quarries

worked above ground, as are not merely temporary, or on a small scale.

The final decision as to whether the establishment is to be accounted as

temporary, or on a small scale, shall rest with the higher court of

administration.

--The provisions of Sec.Sec. 135 to 139_b_ shall apply to employers and

workers in workshops, in which power machinery (worked by steam, wind,

water, gas, air, electricity, etc.), is employed, not merely

temporarily, with the provision that in certain kinds of businesses the

Bundesrath may remit exceptions to the provisions laid down in Sec.Sec. 135

(2), (3), 136, 137 (1) to (3), and 138.

--The provisions of Sec.Sec. 135 to 139_b_ may be extended by Imperial decree,

with consent of the Bundesrath, to other workshops and building work.

Workshops in which the employers are exclusively members of the family

of the employer, do not come under these provisions.

Imperial decrees and provisions for exceptions issued by the Bundesrath,

may be issued for certain specified districts. They shall be published

in the _Imperial Law Gazette_, and laid before the Reichstag at the next

ensuing session.

Sec. 154_a_.

The provisions of Sec.Sec. 115 to 119_a_, 135 to 139_b_, 152 and 153 shall

apply to owners and workers in mines, salt pits, the preparatory work of

mining, and underground mines and quarries.

--Women workers shall not be employed underground in establishments of

the aforementioned kind. Infringements of this enactment shall be dealt

with under the penal provisions of Sec. 146.

_Article VIII._

Section 155 of the Industrial Code shall contain the following clauses.

--Where reference is made in this Act to common law, constitutional or

legislative enactments are to be understood.

The Central Court of the State of the Bund shall make known what courts

in each State of the Bund are to be understood by the expressions:

higher court of administration, lower court of administration, borough

court, local court, lower court, police court, local police court, and

what unions are to be understood by the expression, wider communal

unions.

--For such businesses as are subject to Imperial and State

administration, the powers and obligations conferred upon the police

courts, and higher and lower courts of administration, by Sec.Sec. 105_b_ (2),

105_c_ (2), 105_e_, 105_f_, 115_a_, 120_d_, 134_e_, 134_f_, 134_g_, 138

(1), 138_a_, 139, 139_b_, may be transferred to special courts appointed

for the administration of such businesses.

_Article IX._

The date on which the provisions of Sec.Sec. 41_a_, 55_a_, 105_a_ to 105_f_,

105_h_, 105_i_ and 154 (3) shall come into force, shall be determined by

Imperial decree with consent of the Bundesrath. Until such time the

legal provisions hitherto obtaining shall remain in force.

The provisions of Sec.Sec. 120 and 150, 4 shall come into force on Oct. 1,

1891.

--The rest of this Act shall come into force on April 1, 1892.

--The legal provisions hitherto obtaining shall remain in force until

April 1, 1894, in the case of such children from 12 to 14 years of age,

and young persons between 14 and 16 years of age, as were employed,

previous to the proclamation of this Act, in factories or in the

Industrial establishments specified in Sec.Sec. 154 (2) to (4), and 154_a_.

--In the case of businesses in which, previous to the proclamation of

this Act, women workers over 16 years of age, were employed in night

work, the Central Provincial Court may empower the further employment in

night work of such women workers, in the same numbers as hitherto, until

April 1, 1894, at the latest, if in consequence of suspension of night

work, the continuation of the business to its former extent would

involve an alteration which could not be made sooner without

disproportionate expense. Night work shall not exceed in duration 10

hours in the 24, and in every shift intervals must be granted of an

aggregate duration of at least one hour. Day and night shifts must

alternate weekly.

Delivered under our Imperial hand and seal.

Given at Kiel, on board my yacht _Meteor_, June 1, 1891.

WILLIAM.

VON CAPRIVI.

Butler & Tanner, The Selwood Printing Works, Frome, and London.

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