The Theory and Policy of Labour Protection Part 19

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 (-- 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 subst.i.tutes for the instruction of the general educational schools.

-- 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 s.p.a.ce 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.

-- 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 s.e.xes 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 was.h.i.+ng shall be provided for each s.e.x.

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.

-- 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.

-- 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 ---- 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.

-- 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 ---- 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 -- 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 a.s.sISTANTS.

-- 121.

Journeymen and a.s.sistants 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.

-- 122.

Working relations between journeymen or a.s.sistants 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.

-- 123.

Journeymen and a.s.sistants 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.

-- 124.

Journeymen and a.s.sistants may quit work without notice before the expiration of the contract time: