The Theory and Policy of Labour Protection Part 10

Protection of holidays has to take special measures to meet these four special ends.

In the first place holidays must be general, for the whole population, in order to allow of instruction in common, and general social intercourse. For this reason even the most "free-thinking" friend of holiday rest will be willing to grant it in the form of Sunday rest and festival days, and will allow it to be so called; in France and Belgium only, as appears from the reports of the Berlin Conference, do difficulties lie in the way of allowing protection of holidays to take the form of protection of Sundays and festival days.

The second end subserved by protection of holidays will be to ensure that only the absolutely necessary amount of work shall be performed on Sundays in those industries in which there is only a conditional possibility of devoting the Sunday to recreation, family life, and social intercourse, especially in carrying trades, employment in places of amus.e.m.e.nt and in public houses, in professional business, personal service, and the like, also in all labours which are socially indispensable. We shall return to this question in Chapter VII.

(exceptions to protective legislation). The question now arises whether the religious protection of holidays does not already indirectly serve all the purposes of the necessary weekly rest for labour. This question must be answered in the negative. It is true that this does effect something which Labour Protection as such cannot effect, in that it extends beyond the workers and enforces rest on the employers also and their families. But it does not ensure to the workers themselves the complete protection necessary, and it does not fulfil all the purposes of protection of holidays.

The actual condition of affairs in Germany is as follows, according to the "systematic survey of existing legal and police regulations of employment on Sundays and festivals" (Imperial Act of 1885-6). In one part of Germany the police protection of the Sunday rest is in effect only protection of religious worship. In another group of districts, the suspension during the entire Sunday of all noisy work carried on in public places is enforced, but within industrial establishments noisy work is not forbidden. A third group of rules lays down the principle that Sundays and festivals shall be devoted not only to religious worship and sacred gatherings, but also to rest from labour and business.

The rules contained in this group apply especially to factory labour, but in many cases also to handicraft and various kinds of trading business, without regard to the question whether the work carried on in such business is noisy or disturbing to the public, exceptions being granted in certain defined cases. This third group of rules is in force in the provinces of Posen, Silesia, Saxony, the Rhine Provinces, Westphalia, the former Duchy of Na.s.sau, and in the governmental district of Stettin, but in all these only with respect to factory work; also in the former Electorate of Hesse, the Bishopric of Fulda, the province of Hesse-Homburg, and in the town of Ca.s.sel; in Saxony, Wurtemburg, Mecklenburg Schwerin, Mecklenburg Strelitz, Saxe-Altenburg, Saxe-Coburg-Gotha, Anhalt, Schwartzburg-Rudolstadt, the old and the new Duchy of Reuss and Alsace-Lorraine.

A supplementary statistical inquiry into the extent of Sunday work in Prussia (not including districts whose official records could not be consulted) shows that Sunday work is carried on:--

_In wholesale industries_: in 16 governmental districts, by 49.4% of the works, and by 29.8% of the workers.

_In handicraft business_: in 15 governmental districts, by 47.1% of the works, and by 41.8% of the workers.

_In trading and carrying industries_: in 29 governmental districts, by 77.6% of the employers or companies, and by 57.8% of the workers.

Hence there can be no doubt as to the necessity in Germany for extraordinary State protection of the Sunday holiday, by means of protective legislation, applying also to handicraft business and to a part of trading and carrying industry.

About two-thirds of the employers and three-fourths of the workmen have declared themselves for the practicability of the prohibition of Sunday work, nearly all with the proviso that exceptions shall be permitted.

The duration of holiday rest practically can in most cases be fixed from Sat.u.r.day evening till early on Monday morning.

The _von Berlepsch_ Bill proposes to enforce legally only 24 hours; the Auer Motion demands 36 hours, and when Sundays and festivals fall on consecutive days, 60 hours.

The shortening of work hours on Sat.u.r.day evening in factory industries and in industries carried on in workshops of a like nature to factories is a very necessary addition to Sunday rest; provision must also be made to prevent the work from beginning too early on Monday morning if Sunday protection is to attain its object. The shortening of work hours on Sat.u.r.day evening is especially necessary to women workers to enable them to fulfil their household duties, and it is necessary to all workers to enable them to make their purchases. England and Switzerland grant protection of the Sat.u.r.day evening holiday.

Legislation will not have completed its work of extending protection of holidays, even when the limits have been widened to admit trading business. Further special regulations must be made for the business of transport and traffic. Switzerland has already set to work in this direction. In Germany, in consequence of the nationalisation of all important means of traffic, much can be done if the authorities are willing, merely by way of administration.

We cannot lay too much stress on this question of the regulation and preservation of holiday time by means both of legislative and administrative action. For its actual enforcement it is true the co-operation of the local police magistrates is necessary, but the regulation of this protection ought not to be left in their hands. It must be carried on in a uniform system and with the sanction of the higher administrative bodies. We shall return to this question also in Chapter VII.

CHAPTER VI.

ENACTMENTS PROHIBITING CERTAIN KINDS OF WORK.

Besides the mere protective limitations of working time and of the intervals of work, we have also the actual prohibition of certain kinds of work. Freedom in the pursuit of work being the right of all, and work being a moral and social necessity to the whole population, prohibition of work must evidently be restricted to certain extreme cases.

Such prohibition is however indispensable, for there are certain ways of employing labour which involve actual injury to the whole working force of the nation, and actual neglect of the cares necessary to the rearing and bringing up of its citizens, and there are certain kinds of necessary social tasks, other than industrial, the performance of which, in the special circ.u.mstances of industrial employment, require to be watched over and ensured by special means in a manner which would be wholly unnecessary among other sections of the community. And thus we find a series of prohibitions of work, partly in force already, and partly in course of development.

1. _Prohibition of child-labour._

This is prohibition of the employment of children under 12 years of age (13 in the south), of children under 10 years of age, in factory work (see Book I.). Prohibition of child-labour must not be confused with restriction of child-labour (see Book I.), viz. restriction of the labour of children of 12 to 14 years of age, in the south of 10 to 12 years of age. It does not involve prohibition of _all_ employment of children under 12 years of age, such as help in the household or in the fields.

The prohibition of child-labour within certain limits is necessary in the interests of the whole nation, for the physical and intellectual preservation of the rising generation, hence it is to the interest also of the employers of industrial labour themselves.

Special Labour Protection with regard to child-labour is indeed necessary. Ordinary administrative and judicial protection evidently are insufficient to ensure complete security to childhood. Equally insufficient are any of the existing not governmental agencies, such as family protection; the child of half-civilised factory hands and impoverished workers in household industries needs protection against his own parents, whose moral sense is often completely blunted.

Prohibition of child-labour in factory and quasi-factory industries rests on very good grounds. It is not impossible, not even very improbable, that prohibition of child-labour may sooner or later be extended to household industry; the abuse of child-labour is even more possible here than in factory work; the possibility is by no means excluded by enforcement of school attendance. But all family industry is not counted as household industry. The extension of Labour Protection in general, and of prohibition of child-labour in particular, to household industry, raises difficulties of a very serious kind when it comes to a question of how it is to be enforced.

In the main, prohibition of child-labour will have to be made binding by legislation. In its eventual extension to household industry, the Government will however have to be allowed facilities for gradually extending its methods of administration.

The task of superintending the enforcement of prohibition will in the main be a.s.signed to the Industrial Inspectorate. The oldest hands in any business, the "Labour Chambers," and voluntary labour-unions, will moreover be able to lend effectual a.s.sistance to the industrial inspector or to a general labour-board. The factory list of young workers may be used as an instrument of administration.

In Germany childhood is protected until the age of 12 years. The extension of prohibition of child-labour to the age of 14 years in factory and quasi-factory business, is, however, in Germany probably only a question of time. The Auer Motion in regard to this represents the views of many others besides the Social Democrats. Switzerland, as I have shown, has already conceded this demand, claimed on grounds of national health. The impending Imp. Ind. Code Amendment Bill places the limit at 13.

An internationally uniform advance towards this end by the equalisation of laws affecting the age of compulsory school attendance, would certainly be desirable.

The widest measure of protection of children is contained in the Austrian legislation, which decrees in the Act of 1885, that until the age of 12 years children shall be excluded from all regular industrial work, and until the age of 14 years, from factory work: "Before the completion of the 14th year, no children shall be employed for regular industrial work in industrial undertakings of the nature of factory business; young wage-workers between the completion of the 14th and the completion of the 16th year shall only be employed in light work, such as shall not be injurious to the health of such workers, and shall not prevent their physical development."

The resolutions of the Berlin Conference recommended the prohibition of employment in factories of children below the age of compulsory school attendance.

Resolution III. 4 requires: "That children shall previously have satisfied the requirements of the regulations on elementary education."

Exclusion of child-labour extends beyond the general inferior limit of age, in individual cases where the employment of children is made conditional on evidence of their health, as in England. And here the medical certificate of health comes in as a special instrument of administration in Labour Protection.

In certain kinds of business, prohibition of child-labour extends beyond the general inferior limit of age. England has led the way in such prohibition, excluding by law the employment of children below the age of 11 years in the workrooms of certain branches of industry, _e.g._ wherever the polishing of metal is carried on; of children below the age of 14 years, in places where dipping of matches and dry polishing of metal is carried on; of girls below the age of 16 years, in brick and tile-kilns, and salt works (salt-pits, etc.); of children below the age of 14 years, and girls below the age of 18 years, in the melting and cooling rooms in gla.s.s factories; of persons below the age of 18 years in places where mirrors are coated with quicksilver, or where white-lead is used.

2. _Prohibition of employment in occupations dangerous to health and morality._

Such prohibition seems necessary in all industrial trades. It is however difficult to enforce it so generally, and hitherto this has not been accomplished.

The Imperial Industrial Code in the _von Berlepsch_ Bill (cf.

resolutions of the Berlin Conference, Chap. IV. 4, and V. 4) admits an absolute prohibition of all female and juvenile labour, under sanction of the local authorities (-- 139_a_ 1.): "The _Bundesrath_ shall be empowered to entirely prohibit or to allow only under certain conditions, the employment of women and young workers in certain branches of factory work, in which special dangers to health and to morality are involved." The same Bill (-- 154, 2, 3, 4) extends such prohibition over the greater part of the sphere of quasi-factory business.

The last aim of protection of health--the exclusion of such injurious methods of working as may be replaced by non-injurious methods in all industrial work, and for male workers as well as for women and children--must be attained by progressive extension of that administrative protection to which the _von Berlepsch_ Bill opens the way for quasi-factory labour (-- 154). It would be difficult to carry out in any other way the Auer Motion, for the "prohibition of all injurious methods of working, wherever non-injurious methods are possible."

The general principle of prohibition might be laid down by law, and the enforcement of such prohibition, by order of a Supreme Central Bureau of Labour Protection, might be left to the control of popular representative bodies and to public opinion. Special legal prohibition, with regard to certain defined industries and methods of work injurious to health, would not be superfluous in addition to general prohibition; such special prohibition is already in force to a greater or less degree.

The success of the prohibition in question depends on the good organisation of Labour Protection in matters of technique and health; on the efficiency of local government organs, as well as of the Imperial Central Bureau, and on the impulse given by the more important representative organs of the labouring cla.s.ses. All these organs need perfecting. Special prohibition needs the a.s.sistance of police trade-regulations in regard to instruments and materials dangerous to health.

The work that has already been done in the way of protection of morality by prohibition is not to be under-valued, although much still remains to be done. No sufficient steps have as yet been taken to meet that very hateful and insidious evil so deeply harmful to the preservation of national morality, viz. the public sale and advertis.e.m.e.nt of preventives in s.e.xual intercourse, such as unfortunately so frequently appear in the advertising columns of newspapers, and in shop windows.

This is not merely a question of protecting the morality of those engaged in the production and sale of such articles, but also of protecting the morality of the whole nation, maintaining its virile strength, and to some degree also preserving it from the dangers to the growth of population, incidental to an advanced civilisation. The powers at present vested in the police and magistrates to deal with offences against morals would probably be sufficient to stamp out this moral canker that is eating its way even into Labour Protection, without the scandal of legislation. But it is not by ignoring it that this can be accomplished.

The intervention of the State as regards Labour Protection in such factory and quasi-factory work as is dangerous to health and decency, is doubtless justified in its extension to household industry and trading industry of the same kind; for neither is the moral character of the generality of employers and heads of commercial undertakings sufficiently perfect, nor are the discretion and self-protection of the workers sufficiently strong and widespread to render State protection unnecessary and voluntary protection sufficient.

3. _Prohibition of factory work for married women, or at least mothers of families._

This is a specially useful measure of protection. Modern industrial work has done a great injury to the family vocation of the woman, and thereby to family life; non-governmental agencies of Labour Protection, in its widest sense, have not been able to prevent this evil.