The Theory and Policy of Labour Protection Part 18

-- 110.

The work register (-- 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.

-- 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.

-- 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.

-- 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 -- 108, the testimonial may be handed directly to the worker himself, even against the will of the father or guardian.

-- 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.

-- 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 a.s.sistance, 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.

-- 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 doc.u.ments showing legal claims, such being legally void under -- 2 of the Appropriation of Work Wage or Service Wage Act of June 21st, 1869 (_Federal Law Gazette_, p. 242).

-- 116.

Workers whose claims have been dealt with in a manner contrary to -- 115 may at any time demand payment in accordance with -- 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.

-- 117.

Agreements made in contravention of -- 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.

-- 118.

Claims for goods supplied on credit in contravention of -- 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 -- 116.

-- 119.

The expression "industrial employers," as used in ---- 115 to 118, includes members of their families, their a.s.sistants, 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.

-- 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.

-- 119_b_.

The workers specified in ---- 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.

-- 120.