Germany.—Regulation of the conditions of labour in industry
throughout the German empire is provided for in the Imperial
Industrial Code and the orders of the Federal Council based thereon.
By far the most important recent amendment socially is the law
regulating child-labour, dated the 30th of March 1903, which relates
to establishments having industrial character in the sense of the
Industrial Code. This Code is based on earlier industrial codes of the
separate states, but more especially on the Code of 1869 of the
North German Confederation. It applies in whole or in part to all
trades and industrial occupations, except transport, fisheries and
agriculture. Mines are only included so far as truck, Sunday and
holiday rest, prohibition of employment underground of female
labour, limitation of the hours of women and young workers are
concerned; otherwise the regulations for protection of life and limb
of miners vary, as do the mining laws of the different states. To
estimate the force of the Industrial Code in working, it is necessary to
bear in mind the complicated political history of the empire, the
separate administration by the federated states, and the generally
considerable powers vested in administration of initiating regulations.
The Industrial Code expressly retains power for the states to
initiate certain additions or exceptions to the Code which in any
given state may form part of the law regulating factories there.
The Code (unlike the Austrian Industrial Code) lays down no general
limit for a normal working day for adult male workers, but since 1891
full powers were given to the Imperial government to limit hours for
any classes of workers in industries where excessive length of the
working day endangers the health of the worker (R.G.O. § 120e).
Previously application had been made of powers to reduce the working
day in such unhealthy industries as silvering of mirrors by mercury
and the manufacture of white-lead. Separate states had, under
mining laws, also limited hours of miners. Sunday rest was, in 1891,
secured for every class of workers, commercial, industrial and
mining. Annual holidays were also secured on church festivals.
These provisions, however, are subject to exceptions under conditions.
An important distinction has to be shown when we turn to
the regulations for hours and times of labour for protected persons
(women, young persons and children). Setting aside for the moment
hours of shop assistants (which are under special sections since 1900),
it is to “factory workers” and not to industrial workers in general
that these limits apply, although they may be, and in some instances
have been, further extended—for instance, in ready-made clothing
trades—by imperial decree to workshops, and by the Child Labour
Law of 1903 regulation of the scope and duration of employment of
children is much strengthened in workshops, commerce, transport
and domestic industries. The term “factory” (Fabrik) is not defined
in the Code, but it is clear from various decisions of the supreme
court that it only in part coincides with the English term, and that
some workplaces, where processes are carried on by aid of mechanical
power, rank rather as English workshops. The distinction is rather
between wholesale manufacturing industry, with subdivision of
labour, and small industry, where the employer works himself.
Certain classes of undertaking, viz. forges, timber-yards, dockyards,
brickfields and open quarries, are specifically ranked as
factories. Employment of protected persons at the surface of mines
and underground quarries, and in salt works and ore-dressing works,
and of boys underground comes under the factory regulations.
These exclude children from employment under 13 years, and even
later if an educational certificate has not been obtained; until 14
years hours of employment may not exceed 6 in the 24. In processes
and occupations under the scope of the Child Labour Law children
may not be employed by their parents or guardians before 10 years
of age or by other employers before 12 years of age; nor between
the hours of 8 p.m. and 8 a.m., nor otherwise than in full compliance
with requirements of educational authorities for school attendance
and with due regard to prescribed pauses. In school term time the
daily limit of employment for children is three hours, in holiday time
three hours. As regards factories Germany, unlike Great Britain,
France and Switzerland, requires a shorter day for young persons
than for women—10 hours for the former, 11 hours for the latter.
Women over 16 years may be employed 11 hours. Night work is
forbidden, i.e. work between 8.30 p.m. and 5.30 a.m. Overtime may
be granted to meet unforeseen pressure or for work on perishable
articles, under conditions, by local authorities and the higher administrative
authorities. Prescribed meal-times are—an unbroken
half-hour for children in their 6 hours; for young persons a mid-day
pause of one hour, and half an hour respectively in the morning and
afternoon spells; for women, an hour at mid-day, but women with
the care of a household have the claim, on demand, to an extra half-hour,
as in Switzerland. No woman may be employed within four
weeks after childbirth, and unless a medical certificate can then be
produced, the absence must extend to six weeks. Notice of working
periods and meal-times must be affixed, and copies sent to the local
authorities. Employment of protected persons in factory industries
where there are special risks to health or morality may be forbidden
or made dependent on special conditions. By the Child Labour Law
employment of children is forbidden in brickworks, stone breaking,
chimney sweeping, street cleaning and other processes and occupations.
By an order of the Federal Council in 1902 female workers
were excluded from main processes in forges and rolling mills. All
industrial employers alike are bound to organize labour in such a
manner as to secure workers against injury to health and to ensure
good conduct and propriety. Sufficient light, suitable cloakrooms
and sanitary accommodation, and ventilation to carry off dust,
vapours and other impurities are especially required. Dining-rooms
may be ordered by local authorities. Fencing and provision
for safety in case of fire are required in detail. The work of the
trade accident insurance associations in preventing accidents is
especially recognized in provisions for special rules in dangerous or
unhealthy industries. Officials of the state factory departments are
bound to give opportunity to trustees of the trade associations to
express an opinion on special rules. In a large number of industries
the Federal Council has laid down special rules comparable with those
for unhealthy occupations in Great Britain. Among the regulations
most recently revised and strengthened are those for manufacture of
lead colours and lead compounds, and for horse-hair and brush-making
factories. The relations between the state inspectors of
factories and the ordinary police authorities are regulated in each
state by its constitution. Prohibitions of truck in its original sense—that
is, payment of wages otherwise than in current coin—apply to
any persons under a contract of service with an employer for a
specified time for industrial purposes; members of a family working
for a parent or husband are not included; outworkers are covered.
Control of fines and deductions from wages applies only in factory
industries and shops employing at least 20 workers. Shop hours
are regulated by requiring shops to be closed generally between
9 p.m. and 5 a.m., by requiring a fixed mid-day rest of 112 hours and
at least 10 hours’ rest in the 24 for assistants. These limits can be
modified by administrative authority. Notice of hours and working
rules must be affixed. During the hours of compulsory closing sale
of goods on the streets or from house to house is forbidden. Under
the Commercial Code, as under the Civil Code, every employer is
bound to adopt every possible measure for maintaining the safety,
health and good conduct of his employés. By an order of the
Imperial Chancellor under the Commercial Code seats must be provided
for commercial assistants and apprentices.
Austria.—The Industrial Code of Austria, which in its present outline (modified by later enactments) dates from 1883, must be carefully distinguished from the Industrial Code of the kingdom of Hungary. The latter is, owing to the predominantly agricultural character of the population, of later origin, and hardly had practical force before the law of 1893 provided for inspection and prevention of accidents in factories. No separate mining code exists in Hungary, and conditions of labour are regulated by the Austrian law of 1854. The truck system is repressed on lines similar to those in Austria and Germany. As regards limitation of hours of adult labour, Hungary may be contrasted with both those empires in that no restriction of hours applies either to men’s or women’s hours, whereas in Austrian factories both are limited to an 11-hours’ day with exceptional overtime for which payment must always be made to the worker. The Austrian Code has its origin, however, like the British Factory Acts, in protection of child labour. Its present scope is determined by the Imperial “Patent” of 1859, and all industrial labour is included except mining, transport, fisheries, forestry, agriculture and domestic industries. Factories are defined as including industries in which a “manufacturing process is carried on in an enclosed place by the aid of not less than twenty workers working with machines, with subdivision of labour, and under an employer who does not himself manually assist in the work.” In smaller handicraft industries the compulsory gild system of organization still applies. In every industrial establishment, large or small, the sanitary and safety provisions, general requirement of Sunday rest, and annual holidays (with conditional exceptions), prohibition of truck and limitation of the ages of child labour apply. Night work for women, 8 p.m. to 5 a.m., is prohibited only in factory industries; for young workers it is prohibited in any industry. Pauses in work are required in all industries; one hour at least must be given at mid-day, and if the morning and afternoon spells exceed 5 hours each, another half-hour’s rest at least must be given. Children may not be employed in industrial work before 12 years, and then only 8 hours a day at work that is not injurious and if educational requirements are observed. The age of employment is raised to 14 for “factories,” and the work must be such as will not hinder physical development. Women may not be employed in regular industrial occupation within one month after childbirth. In certain scheduled unhealthy industries, where certificates of authorization from local authorities must be obtained by intending occupiers, conditions of health and safety for workers can be laid down in the certificate. The Minister of the Interior is empowered to draw up regulations prohibiting or making conditions for the employment of young workers or women in dangerous or unhealthy industries. The provisions against truck cover not only all industrial workers engaged in manual labour under a contract with an employer, but also shop-assistants; the special regulations against fines and deductions apply to factory workers and shops where at least 20 workers are employed. In mines under the law of 1884, which supplements the general mining law, employment of women and girls underground is prohibited; boys from 12 to 16 and girls from 12 to 18 may only be employed at light work above ground; 14 is the earliest age of admission for boys underground. The shifts from bank to bank must not exceed 12 hours, of which not more than 10 may be effective
