The Theory and Policy of Labour Protection Part 21

The father of the apprentice shall be liable for the payment of compensation, also any employer who has induced the apprentice to quit his apprentices.h.i.+p, or who has received him into his employ, although knowing him to be still under obligation to continue in apprentice relations to another employer. If the one who is ent.i.tled to compensation has not received information till after the dissolution of apprentice relations, as to the employer who has induced the apprentice to quit his work, or who has taken him into his employ, claim for compensation against the latter shall expire if not preferred within four weeks after such information has been received.

IIIA. RELATIONS OF BUSINESS MANAGERS, FOREMEN, SKILLED TECHNICAL WORKERS.

-- 133_a_.

The service relations of such persons, as are employed by directors of industry for certain defined purposes, and are charged, not merely temporarily, with the conduct and supervision of the business, or of a department of the business (business managers, foremen, etc.), or are entrusted with the higher kinds of technical service work (experts in machinery, mechanical engineers, chemists, draughtsmen, and the like), may, if not otherwise agreed, be broken off by either party at the expiration of any quarter of the calendar year, after notice has been given six weeks previously.

-- 133_b_.

Either party may, before the expiration of the contract time, demand dissolution of service relations without observing the due period of notice, provided sufficiently important reasons exist to justify the dissolution under the circ.u.mstances.

-- 133_c_.

Dissolution of service relations may be demanded, in particular, of the persons specified in -- 133_a_.

1. If at the time of concluding the contract, they have deceived the employer by presenting false or falsified testimonials, or if they have deceived him as to the existence of another service relation, to which they were simultaneously bound;

2. If they are unfaithful in service or if they abuse confidence;

3. If they quit service without permission, or persistently refuse to fulfil the obligations imposed upon them by the service contract;

4. If they are hindered in the performance of service by protracted illness, or by long detention or absence;

5. If they are guilty of violence or insult towards the employer or his representatives;

6. If they pursue an immoral course of life.

In the case of No. 4, the worker's claim for the fulfilment of contract, by the employer, shall remain in force for six weeks, if the performance of service has been hindered by some unavoidable misfortune; but in such cases the claim shall be limited to the amount that is legally due to the claimant as insurance against sickness or accident.

-- 133_d_.

The persons specified in -- 133_a_ may demand dissolution of service relations, in particular:

1. If the employer or his representatives are guilty of violence or insult towards them;

2. If the employer does not provide the work agreed upon in the contract;

3. If, by the continuance of service relations, their life or health would be exposed to demonstrable danger, which was not apparent at the time of entering into service-relations.

-- 133_e_.

The provisions of ---- 124_b_ and 125 shall apply to the persons specified in -- 133_a_, but not the provisions of -- 119_a_.

IV. RELATIONS OF FACTORY WORKERS.

-- 134.

The provisions of ---- 121 to 125 shall apply to factory workers; if the factory workers are apprentices, the provisions of ---- 126 to 133 shall apply to them.

Owners of factories in which, as a rule, at least twenty workers are employed, shall be prohibited, in the case of illegal dissolution of working relations by the worker, from exacting forfeiture or withholding wage beyond the amount of the average weekly wage. The provisions of -- 124_b_ shall not apply to employers and workers in such factories.

-- 134_a_.

In every factory in which, as a rule, at least twenty workers are employed, _working rules_ shall be issued within four weeks after this Act comes into force, or after the opening of the business. Special working rules may be issued for separate departments of the business, or separate groups of workers. The rules must be posted up (-- 134_e_ [2]).

In the working rules must be set forth the time at which they are to come into operation and the date of issue. They must bear the signature of the person by whom they are issued.

Alterations in the contents can only be made by the issue of supplements, or by the issue of new working rules in the place of the existing rules.

Working rules, and supplement to the same, shall come into operation at the earliest, two weeks after issue.

-- 134_b_.

Working rules shall contain directions:

1. As to the beginning and end of the time of daily work, also as to the intervals provided for adult workers;

2. As to the time and manner of computing and paying wage;

3. Where legal provisions are insufficient, as to the period of notice due, also as to the grounds on which dismissal from work and quitting work is permissible without notice;

4. Where fines are enforced, as to the kind and amount thereof, the method of determining them, and, if they consist in money, as to the manner of collecting them, and the purpose to which they shall be appropriated.

5. Where forfeiture of wage is exacted in accordance with the provisions of -- 134 (2), by the working rules or by the working contract, as to the appropriation of the proceeds.

Punishments destructive of self-respect, or dangerous to morals, shall not be admitted in the working rules. Money fines shall not exceed the half of the average daily wage, except in cases of violence towards fellow-workers, grave offences against morality, and contempt of directions issued for the maintenance of order in the business, for security against dangers incidental to it, or for carrying out the provisions of the Industrial Code, where money fines to the full amount of the average daily wage may be imposed. All fines shall be devoted to the benefit of the workers in the factory. The right of the employer to claim compensation for damage is not affected by this provision.

It shall be left to the owner of the factory to insert in the working rules, together with the provisions of sub-section (1) from 1 to 5, further provisions for the regulation of the business and the conduct of the workers employed in it. With the consent of the standing committee of workers, directions may be inserted in the working rules, as to the conduct of the workers in the use of arrangements, provided for their benefit in the factory, also directions as to the conduct of workers under age, outside the factory.

-- 134_c_.

The contents of the working rules shall be, unless contrary to law, legally binding on employers and workers.