APPENDIX
Industrial Code Amendment Bill (Germany)
[June 1st, 1891].
We, William, by the grace of God Emperor of Germany, etc., decree in the name of the Empire, by and with the consent of the Federal Council and Reichstag, as follows: —
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
Industrial workers (journeymen, assistants, apprentices, managers, foremen, mechanics, factory workers).
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:
1. To work which must be carried on without delay in cases of necessity and in the public interest;
2. To the work of keeping the legally prescribed register of Sunday labour;
3. To the work of watching, cleaning and repairing the workshops, required for the regular continuance of the main business or of some other business, nor to any work on which depends the resumption of the full daily working of the business, wherever such work cannot be carried on during working days;
4. To such work as may be necessary in order to protect from damage raw materials or the produce of work, wherever such cannot be carried on during working days;
5. To the supervision of such work as is carried on on Sundays and holidays, in accordance with the provisions of clauses 1 to 4.
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, theatrical representations, or any kind of entertainment, nor to carrying industries.
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 last made a protracted stay; but if this was not within the limits of the German Empire, then it shall be free of costs and stamp duty in any German district chosen by him. It shall be supplied at the request or with the consent of the father or guardian; and if the opinion of the father cannot be obtained, or if the father refuses consent on insufficient grounds, and to the disadvantage of the worker, the local authorities shall themselves grant consent.
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 beforehand, and the price do not exceed the customary local prices.
§ 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 schemes for the improvement of the condition of the workers or their families.
§ 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:
1. That wage payments and payments on account shall be made at certain fixed intervals, which shall not be longer than one month, and not shorter than one week;
2. That the wage earned by workers under age shall be paid to the parents or guardians, and only with their written consent or voucher for the receipt of the last wage payment directly to the young workers themselves;
3. That industrial employers shall give information within certain fixed periods, to the parents or guardians as to the amount of wage paid to workers under age.
§ 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 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 substitutes for the instruction of the general educational schools.
§ 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 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.
§ 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. 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 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:
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 assistants may quit work without notice before the expiration of the contract time:
1. If they become incapable of continuing work;
2. If the employer or his representatives are guilty of violence or abuse towards the workers or their relatives;
3. If the employer or his representatives or their relatives lead or seek to lead the workers or their relatives into illegal or immoral courses, or if they unite with relatives of the workers in committing illegal or immoral acts;
4. If the employer does not pay the wage due to the workers in the manner prescribed, if, under the piece-work system, he does not provide them with sufficient employment, or if he is guilty of illegally over-reaching them;
5. If, by continuing the work, the life or health of the workers would be exposed to a demonstrable risk which was not apparent at the time of entering into the contract.
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 (§ 8 of the Insurance against Sickness Act of June 15, 1883; Imperial Law Gazette, p. 73). This claim need not rest upon proof of loss. When thus made good, claim for fulfilment of contract and further compensation for loss is precluded. The journeyman or assistant shall enjoy the same right against the employer, if he has been dismissed before the legal ending of the working relations.
§ 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. He shall not deprive the apprentice of the necessary time and opportunity on Sundays and holidays for his education and for attendance at Divine Service, by employing him in other kinds of service. He shall train his apprentice in habits of diligence and in good morals, and shall keep him from evil courses.