  Industrial Code Amendment Bill (Germany). [June 1st, 1891].
Article I. After § 41 of the Industrial Code shall be inserted: § 41a. Where, in accordance with the provisions of §§ 105b to 105h, employment of assistants, apprentices and workmen is prohibited in any trading industry on Sundays and holidays, no industrial business shall be carried on on those days in public sale-rooms. This provision shall not preclude further restrictions by common law of industrial business on Sundays and holidays. Article II. After § 55 of the Industrial Code shall be inserted. § 55a. On Sundays and holidays (§ 105a, 2) all itinerant industrial business, so far as it is included in § 55 (1) 1-3, shall be prohibited, as well as the industrial business of the persons specified in § 42b. Exceptions may be allowed by the lower administrative authorities. The Federal Council is empowered to issue directions as to the terms and conditions on which exceptions may be allowed. Article III. Chapter VII. of the Industrial Code shall be amended as follows:— CHAPTER VII.
I. General Relations. § 105. The settlement of relations between independent industrial employers and workers shall be left to voluntary agreement, subject to the restrictions laid down by imperial legislation. § 105a. Employers cannot oblige their work people to work on Sundays or holidays. This, however, does not apply to certain kinds of work mentioned further on. Holidays are determined by the State Governments in accordance with local customs and religious belief. § 105b. There shall be no work on Sundays and holidays in mines, salines, smelting works, quarries, foundries, factories, workshops, carpenters’ yards, masons’ and shipbuilders’ yards, brick-fields, and buildings of any kind. For every Sunday and holiday the workpeople of such establishments must be allowed a rest of at least 24 hours, for two consecutive holdings of 36 hours; and for Christmas, Easter and Whitsuntide of 48 hours. The period of rest must be counted from midnight, and in the case of two consecutive holidays must last till 6 p.m. of the second day. In establishments where regular day and night gangs are employed, the period of rest may commence at any time between 6 p.m. of the preceding week-day and 6 a.m. of the Sunday or holiday, provided that the work is completely suspended for 24 hours from such commencement. The assistants, apprentices and workpeople in small trades and handicrafts must not be employed on Christmas Day, Easter Sunday and Whit Sunday; on other Sundays and holidays they must not be employed for more than five hours. By statutory regulation of the parish or municipal authorities, such Sunday work can be further restricted or entirely prohibited for particular branches of trade. For the last four weeks before Christmas, and for particular Sundays and holidays, which, owing to local conditions call for greater activity in trades, the police authorities may order an extension of the hours of work up to ten. The hours of work must be so fixed as to admit of attendance at Divine worship. The hours may be variously fixed for the different branches of trading industry. § 105c. The provisions of 105b do not apply:
Employers must keep an accurate register of the workmen so employed on each Sunday and holiday, stating their number, and the hours and nature of the work. The register must be produced for examination at any time at the request of the local police authorities or of the official specified in § 139b. If the Sunday employment exceeds three hours, or prevents the workpeople from attending Divine worship, a rest of 36 hours must be given to such workpeople every third Sunday, or they must be free every second Sunday from 6 a.m. to 6 p.m. Exceptions to the above may be allowed by the lower administrative authorities, provided that the workpeople are not prevented from attending Divine worship on Sundays, and that a rest of 24 hours is granted to then on a week-day in lieu of Sunday. § 105d. The Federal Council may make further exceptions to the provisions of § 105b, 1 in certain defined industries, especially in the case of operations which do not admit of delay or interruption, or which are limited by natural causes to certain times and seasons, or the nature of which necessitates increased activity at certain times of the year. The regulation of the work permitted in such business on Sundays and holidays, and the regulation of the conditions on which such work shall be permitted, shall be uniform for all business of the same kind, and shall be in accordance with the provision of § 105c, 3. The regulations laid down by the Federal Council shall be published in the Imperial Law Gazette, and shall be laid before the Reichstag at the next session. § 105e. Exceptions to the restrictions of work on Sundays and holidays may also be made by the higher administrative authorities in trades which supply the daily necessaries of life to the public, and in those that require increased activity on those days; also in establishments the working of which depends upon the wind or upon the irregular action of water power. The regulation of these exceptions shall be subject to the provision of § 105c, 3. The procedure on application for permission of exceptions in the case of establishments employing machinery worked wholly or mainly by wind or by the irregular action of water power, shall be subject to the enactments of §§ 20 and 21. § 105f. In order to prevent a disproportionate loss or to meet an unforeseen necessity, the lower administrative authorities may also allow exceptions for a specified time to the provision of § 105b, 1. The orders of the lower administrative authorities shall be issued in writing, and must be produced by the employer for examination in the office of the business at the request of the official appointed for the revision. A copy of the orders shall be hung up inside the place of business in some spot easily accessible to the workers. The lower administrative authorities shall draw up a register of the exceptions granted by them, in which shall be entered the name of the firm, the kind of work permitted, the number of workers employed in the business, and the number required for such Sunday or holiday labour, also the duration of such employment and the grounds on which it is permitted. § 105g. The prohibition of Sunday work may be extended by Imperial Ordinance, with consent of the Federal Council, to other trades besides those mentioned in the Act. These ordinances shall be laid before the Reichstag at the next session. The provisions of §§ 105c to 105f shall apply to the exceptions to be permitted to such prohibition. § 105h. The provisions of §§ 135a to 105g do not preclude further restrictions by common law of work on Sundays and holidays. The Central Provincial Court shall be empowered to permit departures from the provisions of § 105b, 1, for special holidays which do not fall upon a Sunday. The provision does not apply to Christmas, Easter, Ascension Day or Whitsuntide. § 105i. The provisions of §§ 105a, 1, 105b to 105g do not apply to public houses and beerhouses, concerts, spectacles, Industrial employers may only exact from their workpeople on Sundays and holidays such work as admits of no delay or interruption. § 106. Industrial employers who have been deprived of civil rights shall not, so long as they remain deprived of these rights, undertake the instruction of workers below 18 years of age. The police authorities may enforce the dismissal of workers employed in contravention of the foregoing prohibitions. § 107. Unless special exceptions are made by Imperial Ordinance, persons under age shall only be employed as workers on condition that they are furnished with a work register. At the time of engaging such workers, the employer shall call for the work register. He shall be bound to keep the same, produce it upon official demand, and return it at the legal expiration of service relations. It shall be returned to the father or guardian if demanded by them, or if the worker has not yet completed his sixteenth year, in other cases it shall be returned to the worker himself. With consent of the local authorities of the district specified in § 108, the work register may also be handed over to the mother or other relation, or directly to the worker himself. The forgoing provisions do not apply to children who are under compulsion to attend the national schools. § 108. The work register shall be supplied to the worker by the police authorities of that district in which he has Before the register is supplied it must be certified that the worker is no longer under compulsion to attend school, and an affadavit must be made that no work register has previously been supplied to him. § 109. If the work register is completely filled up, or can no longer be used, or if it has been lost or destroyed, another work register shall be supplied in its place by the local authorities of the district in which the holder of the register has last made a protracted stay. The register which has been filled up, or which can no longer be used, shall be closed by an official mark. If the new register is issued in the place of one which can no longer be used, or which has been lost or destroyed, the same shall be notified therein. In such case a fee of fifty pfennig may be charged. § 110. The work register (§ 108) must contain the name of the worker, the place, year and day of his birth, the name and last residence of his father or guardian, and the signature of the worker. The register shall be supplied under seal and signature of the magistrate. The latter shall draw up a schedule of the work registers supplied by him. The kind of work registers to be used shall be determined by the Imperial Chancellor. § 111. On admission of the worker into service relation, the employer shall enter, in the place provided for that purpose in the register, the date of admission, and the nature of the employment, and at the end of the term of service, the date of leaving, and if any change has been made in the employment, the nature of the last employment. The entries shall be made in ink, and shall be signed by the employer or by the business manager authorised thereto by him. The entries shall contain no mark intended to attribute a favourable or unfavourable character to the holder of the register. The entry of a judgment upon the conduct or manner of work of the worker, and other entries or marks in or on the register for which no provision is made in this Act, shall not be permitted. § 112. If the work register has been rendered unfit for use by the employer, or has been lost or destroyed by him, or if signs, entries, and marks have been made in or on the register, or if the employer refuses without legal grounds to deliver up the register, the issue of a new register may be demanded at the cost of the employer. Any employer who in defiance of his legal obligation has not delivered up the register in due time, or who has neglected to make the requisite entries, or who has made illegal signs, entries or marks, may be forced to compensate the worker. The claim for compensation expires if no complaint nor remonstrance is made within four weeks. § 113. On quitting service workers may demand a testimonial setting forth the nature and duration of their employment. This testimonial may, at request of the workers, bear evidence as to their conduct and manner of working. Employers are forbidden to add irrelevant remarks concerning the workmen other than those required for the purpose of the testimonial. If the worker is under age, the testimonial may be demanded by the parent or guardian. They may demand that the testimonial shall be handed to them and not to the worker. With consent of the local authorities of the district, specified in § 108, the testimonial may be handed directly to the worker himself, even against the will of the father or guardian. § 114. At the request of the worker the local police magistrate shall confirm the entries in the register and in the testimonial handed to the worker, free of costs and stamp duty. § 115. Industrial employers shall be bound to reckon and pay the wages of the worker in coin of the realm. They shall not credit the workers with goods. But they may be permitted to supply the workers under their care with provisions at cost price, with dwellings and land at the customary local rate of rent and hire, with firing, lighting, board, medicines and medical assistance, also with tools and materials for work, at the average cost price, and to charge such to their account in payment of wage. Materials and tools may be supplied for contract work at a higher price, provided the agreement be made § 115a. Wage payment and payments on account shall not be made in public-houses or beer-houses or sale-rooms, without the consent of the lower administrative authorities; they shall not be made to a third party on pretext of legal claims thereto, or on production of documents showing legal claims, such being legally void under § 2 of the Appropriation of Work Wage or Service Wage Act of June 21st, 1869 (Federal Law Gazette, p. 242). § 116. Workers whose claims have been dealt with in a manner contrary to § 115 may at any time demand payment in accordance with § 115, and no objection shall be urged against such claim on the ground that they have already received something in lieu of payment. The first payment, if it still remains in the hands of the recipient, or if he is still deriving advantage therefrom, shall be handed over to the workers’ provident fund, or, in default of such, to such other fund existing in the locality for the benefit of the workers, as shall be determined by the local authorities, or, in default of such, to the local poor fund. § 117. Agreements made in contravention of § 115 shall be void. The same shall apply also to agreements between industrial employers and their workpeople as to the supply of goods to the latter from certain shops, and to agreements as to the appropriation of the earnings of the latter to any other purpose than to contributing to § 118. Claims for goods supplied on credit in contravention of § 115, can neither be sued for by the creditor, nor charged to account, nor otherwise made good, whether the transaction was made directly between the parties, or indirectly. Such claims shall be appropriated to the funds specified in § 116. § 119. The expression “industrial employers,” as used in §§ 115 to 118, includes members of their families, their assistants, agents, managers, overseers and foremen, and other directors of industry in whose business any one of the persons here mentioned directly or indirectly takes part. § 119a. Retentions of wage reserved by the employer of industry as security for compensation for loss arising from illegal dissolution of service relations, or as a stipulated fine imposed in such a case, shall not exceed a quarter of the usual wage in single wage payments, and the nett amount shall not exceed the amount of the average weekly wage. By statutory provision of a parish or any larger corporate union it may be determined for all industrial trades, or for certain kinds of the same:
§ 119b. The workers specified in §§ 115 to 119a include also such persons as are employed by certain specified industrial employers, outside the work places of the latter, in the preparation of industrial products, even if the raw materials and accessories are furnished by the workers themselves. § 120. 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 § 120a. 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 space 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. § 120b. 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 sexes 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 washing shall be provided for each sex. 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. § 120c. 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. § 120d. 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 §§ 120a to 120c, 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 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. § 120e. 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 §§ 120a to 120c. 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. 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 Assistants. § 121. Journeymen and assistants 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 assistants 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 assistants may be dismissed before the expiration of the contract time, and without notice:
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 assistants may quit work without notice before the expiration of the contract time:
In the cases mentioned under No. 2, quitting service without notice is no longer permissible if the grounds thereof have been known to the workers for longer than one week. § 124a. Besides the cases specified in §§ 123 and 124, each party may, in cases where urgent reasons exist, demand to be released from working relations before the expiration of the contract time and without observing the due period of notice, if the contract is for longer than four weeks, or if a longer period of notice than fourteen days has been agreed upon. § 124b. If a journeyman or assistant has quitted work illegally, the employer may claim compensation for the day of the breach of contract and for each following day of the contract time or legal working time, during one week at most, to the amount of the local customary daily wage § 125. Any employer inducing a journeyman or assistant to quit work before the legal ending of working relations, shall himself be liable to the former employer for loss arising, or for the legal compensation claim under § 124b. In the same manner an employer shall be answerable if he takes into his employ a journeyman or assistant who to his knowledge is still contracted to any employer. Any employer shall also be liable under the foregoing sub-section if he employs a journeyman or assistant, who to his knowledge is still contracted to another employer, throughout the duration of such term; the claim expires after fourteen days from the date of the illegal dissolution of working relations. The persons specified in § 119b shall be accounted as journeymen and assistants as understood by the foregoing provisions. III. Apprentice Relations. § 126. The master shall be bound to instruct the apprentice in all branches of the work of the trade forming part of his business, in due succession and to the extent necessary for the complete mastery of the trade or handicraft. He must conduct the instruction of the apprentice himself or through a fit representative expressly appointed thereto. § 127. The apprentice shall be placed under the parental discipline of the master. He shall be bound to render obedience to the one who conducts his instruction in the place of the master. § 128. Apprentice relations may be dissolved by the withdrawal of one party during the first four weeks after the beginning of the apprenticeship, unless a longer time has been agreed upon. Any agreement to fix this time of probation at longer than three months shall be void. After the expiration of the time of probation the apprentice may be dismissed before the ending of the apprenticeship agreed upon, if any one of the cases provided for in § 123 applies to him. On the part of the apprentice, relations may be dissolved at the expiration of the time of probation:
The contract of apprenticeship shall be dissolved by the death of the apprentice. The contract of Written contracts of apprenticeship shall be free of stamp duty. § 129. At the termination of apprentice relations, the master shall deliver to the apprentice a testimonial stating the trade in which the apprentice has been instructed, the duration of the apprenticeship, the knowledge and skill acquired during that time, and also the conduct of the apprentice. This testimonial shall be certified by the borough magistrate free of costs and stamp duty. In cases where there are guilds or other industrial representative bodies, letters or certificates from these may supply the place of such testimonials. § 130. If the apprentice quits his instruction under circumstances not provided for in this Act, without consent of his master, the latter can only make good his claim for the return of the apprentice, if the contract of apprenticeship has been drawn up in writing. In such case the police magistrate may, on application of the master, oblige the apprentice to remain under instruction so long as apprentice relations are declared by judicial ruling to be still undissolved. Application is only admissible if made within one week after the departure of the apprentice. In case of refusal, the police magistrate may cause the apprentice to be taken back by force, or he may compel him to return under pain of a fine, to the amount of fifty marks, or detention for five days. § 131. If the parent or guardian acting for the apprentice, or if the apprentice himself, being of age, shall deliver a The apprentice shall not be employed in the same trade by another employer, without consent of the former master, within nine months after such dissolution of apprentice relations. § 132. If apprentice relations are severed by either party, before the appointed time, the other party can claim compensation only if the contract has been made in writing. In the cases referred to in § 128, 1, 4, the claim will only hold if the kind and degree of compensation has been specified beforehand, in the contract. The claim is void unless made within four weeks of the dissolution of apprentice relations. § 133. If apprentice relations are dissolved by the master, because the apprentice has quitted his work without permission, the compensation claimed by the master shall, unless some other agreement have been made in the contract, be fixed at a sum amounting for every day succeeding the day of breach of contract, up to a limit of six months, to the half of the customary local wage paid to journeymen and assistants in the trade of the master. The father of the apprentice shall be liable for the payment of compensation, also any employer who has induced the apprentice to quit his apprenticeship, 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 entitled to IIIA. Relations of Business Managers, Foremen, Skilled Technical Workers. § 133a. 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. § 133b. 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 circumstances. § 133c. Dissolution of service relations may be demanded, in particular, of the persons specified in § 133a.
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. § 133d. The persons specified in § 133a may demand dissolution of service relations, in particular:
§ 133e. The provisions of §§ 124b and 125 shall apply to the persons specified in § 133a, but not the provisions of § 119a. 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 § 124b shall not apply to employers and workers in such factories. § 134a. 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 (§ 134e [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. § 134b. Working rules shall contain directions:
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 § 134c. The contents of the working rules shall be, unless contrary to law, legally binding on employers and workers. No grounds shall be agreed upon in the contract of work, for dismissal from work, other than those laid down in the working rules or in §§ 123 or 124. No fines shall be imposed on the workers other than those laid down in the working rules. Fines must be fixed without delay, and information thereof must be given to the worker. The money fines imposed shall be entered in a register which shall set forth the name of the offender, the day of imposition, the grounds, and the amount of the fine, and this register shall be produced for inspection at any time, at the request of the officer specified in § 139b. § 134d. Before the issue of working rules, or of supplements to the same, opportunity shall be given to the workers of full age, employed in the factory or in the departments of the business, to which the rules in question apply, to express their opinion on the contents of the same. In factories in which there is a standing committee of workers the requirements of this provision shall be satisfied by granting a hearing to the committee, on the contents of the working rules. § 134e. The working rules and any supplement to the same shall, on communication of opinions expressed by the workers, provided such expression be given in writing or in the form of protocols, be laid before the lower court of administration in duplicate, within three days after the The working rules shall be posted up in a specially appointed place, accessible to all the workers to whom they apply. The placard must always be kept in a legible condition. A copy of the working rules shall be handed to every worker upon his entrance into employment. § 134f. Working rules or supplements to the same, which are not issued in accordance with these enactments, or the contents of which are contrary to legal provisions, shall be replaced by legal working rules, or shall be altered in accordance with legal enactment, by order of the lower court of administration. Appeal against this order may be lodged within two weeks, with the higher court of administration. § 134g. Working rules issued before this Act comes into force, shall be subject to the provisions of §§ 134a to 134c, 134e (2), 134f, and shall be laid before the lower court of administration in duplicate, within four weeks. Sections 134d and 134e (1) shall not apply to later alterations of such working rules, or to working rules issued for the first time, since January 1st, 1891. § 134h. The expression “standing committees of workers,” as understood by §§ 134b (3), and 134d, includes only:
§ 135. Children under 13 years of age cannot be employed in factories. Children above 13 years of age can only be employed in factories if they are no longer required to attend the elementary schools. The employment of children under 14 years of age must not exceed 6 hours a day. Young persons between 14 and 16 years of age must not be employed in factories for more than 10 hours a day. § 136. Young workers (§ 135) shall not begin work before 5.30 in the morning, or end it later than 8.30 in the evening. On every working day regular intervals must be granted, between the hours of work. For children who are only employed for six hours daily, the interval must amount to half an hour at least. An interval of at least During the intervals, employment of young workers in the business of the factory shall be entirely prohibited, and their retention in the work rooms shall only be permitted, if the part of the business in which the young workers are employed is completely suspended in the work rooms during the time of the interval, or if their stay in the open air is not practicable, and if other special rooms cannot be procured without disproportionate difficulties. Young workers shall not be employed on Sundays and festivals, nor during the hours appointed for regular spiritual duties, instruction in the catechism, preparation for confession and communion, by the authorized priest or pastor of the community. § 137. Girls and women cannot be employed in factories during the night, between the hours of 8.30 p.m. and 5.30 a.m., and must be free on Saturdays and on the eves of festivals by 5.30 p.m. The employment of women workers over 16 years of age must not exceed 11 hours a day, and on Saturdays and the eve of festivals must not exceed 10 hours. An interval between the hours of work of at least one hour at mid-day must be allowed to women workers. Women workers over 16 years of age, who manage a household, shall at their request be set free half an hour before the mid-day interval, except in cases where this amounts to at least one and a half hours. Women after childbirth can in no case be admitted to work until fully four weeks after delivery, and in the following two weeks only if they are declared to be fit for work by a duly authorized physician. § 138. The owners of factories, in which it is intended to employ women or young persons, must make a written announcement of the fact to the local police authorities before such employment commences. The notice shall set forth the name of the factory, the days of the week on which employment is to take place, the beginning and end of the time of work, and the intervals granted, also the kind of employment. No alteration can be made except such delays as are temporarily necessitated by the replacement of absent workers in separate shifts of work, before notice thereof has been given to the magistrate. In every factory the employer shall, in the workrooms in which young workers are employed, provide a register of young workers to be posted up in some conspicuous place; the same shall contain information as to days of work, beginning and end of time of work, and intervals allowed. He shall likewise provide in such workrooms a notice board, on which shall be posted up, in plain writing, an extract, to be determined by the Central Court, from the provisions for the employment of women and young workers. § 138a. In case of unusual pressure of work, the lower court of administration shall be empowered, on application of the employer, to permit for a fortnight at a time, the employment of women workers over 16 years of age up to 10 o’clock in the evening (except on Saturdays), provided that their daily working time does not exceed 13 hours. Such extension cannot be allowed to the employer during more than 40 days in any one year. Further extension beyond the two weeks, or for more than forty days in the year, can only be granted by the 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 Saturdays 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. § 139a. The Bundesrath (Federal Council) shall be empowered:
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. § 139b. The supervision and enforcement of the provisions of §§ 105b (1), 105c to 105h, 120a to 120e, 134 to 139a, 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 The settlement of relations of competence between these officials and the ordinary police magistrates, shall be subject to the constitutional 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 §§ 105a to 105h, 120a to 120e, 134 to 139a. 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 assent of the higher court of 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 § 93a (2b) shall contain the following clause:
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:
2. The following sub-section shall be added to § 146:
3. After § 146 shall be inserted: § 146a. Any person who gives employment to workers on Sundays and festivals, in contravention of §§ 105b to 105g, or of the orders issued on the grounds thereof, or 4. Section 147 (1) 4 shall contain the following clause:
5. After § 147 (1) 4, shall be inserted:
6. Section 147 shall contain at the close the following new sub-section.
7. Section 148 shall contain the following extensions:
8. Section 149 (1) 7 shall contain the following clause:
9. Section 150(2) shall contain the following clause:
10. Section 150 shall contain the following extensions:
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:
Article VII. The following provisions shall be substituted for § 154 of the Industrial Code: § 154. The provisions of §§ 105 to 133c shall not apply to assistants and apprentices in the business of apothecaries; the provisions of §§ 105, 106 to 119b, 120a to 133e, —The provisions of §§ 105 to 133e 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 139b 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 139b 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. § 154a. The provisions of §§ 115 to 119a, 135 to 139b, 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. Article VIII. Section 155 of the Industrial Code shall contain the following clauses. —Where reference is made in this Act to common law, constitutional or legislative enactments are to be understood. The Central Court of the State of the Bund shall make known what courts in each State of the Bund are to be understood by the expressions: higher court of administration, lower court of administration, borough court, local court, lower court, police court, local police court, and what unions are to be understood by the expression, wider communal unions. —For such businesses as are subject to Imperial and State administration, the powers and obligations conferred upon the police courts, and higher and lower courts of administration, by §§ 105b (2), 105c (2), 105e, 105f, 115a, 120d, 134e, 134f, 134g, 138 (1), 138a, 139, 139b, may be transferred to special courts appointed for the administration of such businesses. Article IX. The date on which the provisions of §§ 41a, 55a, 105a to 105f, 105h, 105i and 154 (3) shall come into force, shall be determined by Imperial decree with consent of the Bundesrath. Until such time the legal provisions hitherto obtaining shall remain in force. The provisions of §§ 120 and 150, 4 shall come into force on Oct. 1, 1891. —The rest of this Act shall come into force on April 1, 1892. —The legal provisions hitherto obtaining shall remain in force until April 1, 1894, in the case of such children —In the case of businesses in which, previous to the proclamation of this Act, women workers over 16 years of age, were employed in night work, the Central Provincial Court may empower the further employment in night work of such women workers, in the same numbers as hitherto, until April 1, 1894, at the latest, if in consequence of suspension of night work, the continuation of the business to its former extent would involve an alteration which could not be made sooner without disproportionate expense. Night work shall not exceed in duration 10 hours in the 24, and in every shift intervals must be granted of an aggregate duration of at least one hour. Day and night shifts must alternate weekly.
William. Butler & Tanner, The Selwood Printing Works, Frome, and London. |
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