The Theory and Policy of Labour Protection Part 24

2. The following sub-section shall be added to -- 146:

Section 75 of the Const.i.tution of Justice Act shall apply here.

3. After -- 146 shall be inserted:

-- 146_a_.

Any person who gives employment to workers on Sundays and festivals, in contravention of ---- 105_b_ to 105_g_, or of the orders issued on the grounds thereof, or any person who acts in contravention of ---- 41_a_ and 55_a_, or of the statutory provisions laid down on the grounds of -- 105 (2) shall be punished with a money fine to the amount of 600 marks, or in default of the same, with imprisonment.

4. Section 147 (1) 4 shall contain the following clause:

4. Any person who acts in contravention of the final orders issued on the grounds of -- 120_d_, or of enactments issued on the grounds of -- 120_e_;

5. After -- 147 (1) 4, shall be inserted:

5. Any person who conducts a factory, in which there are no working rules, or who neglects to obey the final order of the court as to the subst.i.tution or alteration of the working rules.

6. Section 147 shall contain at the close the following new sub-section.

In the case of No. 4, the police magistrate may, pending the settlement of affairs by order or enactment, order suspension of the business, in case the continuance of the same would be likely to entail serious disadvantages or dangers.

7. Section 148 shall contain the following extensions:

11. Any person who, contrary to the provision of -- 134_c_ (2), imposes such fines on the workers as are not prescribed in the working rules, or such as exceed the legally permissible amount, or any person who appropriates the proceeds of fines or the sums specified in -- 134_b_ 5, in a manner not prescribed in the working rules;

12. Any person who neglects to fulfil the obligations imposed upon him by ---- 134_e_ (1), and 134_g_;

13. Any person who acts in contravention of -- 115_a_, or of the statutory provisions laid down on the grounds of -- 119_a_.

8. Section 149 (1) 7 shall contain the following clause:

7. Any person who neglects to fulfil the obligations imposed upon him by ---- 105_c_ (2), 134_e_ (2), 138, 138_a_ (5), 139_b_;

9. Section 150(2) shall contain the following clause:

2. Any person who, except in the case prescribed in -- 146 (3), acts in contravention of the provisions of this Act with respect to the work register;

10. Section 150 shall contain the following extensions:

4. Any person who acts in contravention of the provisions of -- 120 (1), or of the statutory provisions laid down in accordance with -- 120 (3);

5. Any person who neglects to fulfil the obligations imposed upon him by -- 134_c_ (3).

Common law enactments against neglect of school duties, on which a higher fine is imposed, shall not be affected by the provision of No. 4.

11. Section 151 (1) shall contain the following clause:

If in the exercise of a trade, police orders are infringed by persons appointed by the director of the industrial enterprise, to conduct the business or a department of the same, or to superintend the same, the fine shall be imposed upon the latter. The director of the industrial enterprise shall likewise be liable to a fine if the infringement has taken place with his knowledge, or if he has neglected to take the necessary care in providing for suitable inspection of the business, or in choosing and supervising the manager or overseers.

_Article VII._

The following provisions shall be subst.i.tuted for -- 154 of the Industrial Code:

-- 154.

The provisions of ---- 105 to 133_c_ shall not apply to a.s.sistants and apprentices in the business of apothecaries; the provisions of ---- 105, 106 to 119_b_, 120_a_ to 133_e_, shall not apply to a.s.sistants and apprentices in trading business.

--The provisions of ---- 105 to 133_e_ shall apply to employers and workers in smelting-houses, timber-yards, and other building yards, in dockyards, and in such brick and tile kilns, and such mines and quarries worked above ground, as are not merely temporary, or on a small scale.

The final decision as to whether the establishment is to be accounted as temporary, or on a small scale, shall rest with the higher court of administration.

--The provisions of ---- 135 to 139_b_ shall apply to employers and workers in workshops, in which power machinery (worked by steam, wind, water, gas, air, electricity, etc.), is employed, not merely temporarily, with the provision that in certain kinds of businesses the Bundesrath may remit exceptions to the provisions laid down in ---- 135 (2), (3), 136, 137 (1) to (3), and 138.

--The provisions of ---- 135 to 139_b_ may be extended by Imperial decree, with consent of the Bundesrath, to other workshops and building work.

Workshops in which the employers are exclusively members of the family of the employer, do not come under these provisions.

Imperial decrees and provisions for exceptions issued by the Bundesrath, may be issued for certain specified districts. They shall be published in the _Imperial Law Gazette_, and laid before the Reichstag at the next ensuing session.

-- 154_a_.

The provisions of ---- 115 to 119_a_, 135 to 139_b_, 152 and 153 shall apply to owners and workers in mines, salt pits, the preparatory work of mining, and underground mines and quarries.

--Women workers shall not be employed underground in establishments of the aforementioned kind. Infringements of this enactment shall be dealt with under the penal provisions of -- 146.

_Article VIII._