The Theory and Policy of Labour Protection Part 23

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 -- 105 (1), 2 and 3, on Sat.u.r.days 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.

-- 139.

If natural causes or accidents shall have interrupted the business of a factory, exceptions to the restrictions laid down in ---- 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 ---- 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.

-- 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 ---- 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 -- 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 Sat.u.r.day 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.

-- 139_b_.

The supervision and enforcement of the provisions of ---- 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 const.i.tutional 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 ---- 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.

-- 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 a.s.sent 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 -- 93_a_ (2_b_) shall contain the following clause:

_b._ The supervision by the union of the observation of the provisions laid down in ---- 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 -- 115;

2. Directors of industry, acting in contravention of ---- 135, 136, 137, or of orders issued on the grounds of ---- 139 to 139_a_;

3. Directors of industry, acting in contravention of ---- 111 (3) and 113 (3);