etc. statutes Germany. Laws

“ But Rodbertus wishes to see his “normal work labour-day”—equal to 10 normal work hours—established as a universal measure of product value as well as of the value of labour: “Beyond and above what we have yet laid down the most important point of all remains to be established; the normal work labour-day must be taken as the unit of work time or normal time, and according to such work time or normal time (according to labour so computed) we must not only normalise the value of the product in each industry, but must also determine the wages in each kind of work.” ”

“ In considering the careful determination of the meaning of factory labour, workshop labour, household industry and family labour on the one hand, and child labour and female labour on the other hand, we cannot be too careful in guarding against undue limitations of the idea of Labour Protection. There are many who still take it to mean merely factory-protection, and indeed only factory-protection of “young persons.” ”

“ It is true we have before us an almost overwhelming mass of material in the way of protocols, reports of commissions, judicial decisions, resolutions and counter-resolutions, proposals, petitions and motions, speeches and writings, pamphlets and books. But we are still far from having, as the result of a clear and comprehensive survey of the whole of this material, a complete theory of Labour Protection; for the political problems of Labour Protection, especially those touching the so-called Maximum Working Day and the organisation of protection, are more hotly disputed than ever. ”

“ The paralyzing dread of war, the competition of foreign workmen, the familiar Capitalist weapon that “trade will leave the country” if the workers’ claims are conceded—all these dangers in the way can only be met by the drawing closer of international bonds, by the intercommunication of those in all countries who are fired by the new ideals, and are making towards an ordered Social peace out of the chaos of conflicting and competing energies and interests in which we live. ”

“ Of all the problems with which the science of government is confronted in the present and the near future, there are few in the domain of Social Policy of greater importance, or more fraught with serious possibilities in their results, than the establishment on a democratic basis, both in constitution and in administration, of the organs of Labour Protection. ”

“ The normal time day is not however sufficient to establish a just balance between performance of work and payment; for in an hour of the same industrial time value, one individual will work less, another more, one better, another worse. The combined interests of the whole community and the equitable wage relations of the different workers to each other, demand therefore the fixing of the normal performance of labour within a defined working time, in short the fixing of a unit of normal work. Having normalised industry on a time basis, we must now normalise it on a work basis. ”

“ It is not my intention to assert that the present leaders of Social Democracy are scheming to treat the astronomical working-hour as the unit of normal time in the event of the introduction of a socialist government. They are not guilty of such madness. As I have shown, the present leaders of the Social Democrats are aiming at the eight hours day only as a protective measure and a means of affecting wages, and they aim at realising it purely on the present capitalist basis. ”

“ The question is this: is the [Pg 61] maximum working-day to be imposed on the employer alone, to prevent him from exacting more than eight or ten hours work, or on the employed also, to prevent him from carrying on any outside work, even if it is his own wish to work longer; the more we cut down the general working-day, the more important it will become to have a limit of time which will affect not only the employer but also the employed, as otherwise the latter might, by his outside work, be only intensifying the evils of competition for his fellow-workers. ”

“ If the various chief branches of Labour Protection are compared with each other after they have all been examined separately, they appear to be indispensable and inseparable members of one system, for no one branch can be spared. ”

“ Besides the mere protective limitations of working time and of the intervals of work, we have also the actual prohibition of certain kinds of work. Freedom in the pursuit of work being the right of all, and work being a moral and social necessity to the whole population, prohibition of work must evidently be restricted to certain extreme cases. ”

“ Protection of times of rest, and protection of working-time, are both based on the same grounds. It is to the interest of the employer to make uninterrupted use of his business establishment and capital, and therefore to force the wage-worker to work for as long a time and with as little intermission as possible. The excessive hours of labour first became an industrial evil through the increasing use of fixed capital, especially with the immense growth of machinery ”

“ Social Democracy still confines its activity entirely within the limits of the capitalist order of society, however much isolated individuals might wish to step forward at once, and without disguise. But would the present leaders be able to hold their own if the masses expressed a desire to have each astronomical labour-hour in their maximum working-day (at present of eight hours, but no doubt before long of six hours) recognised as the normal time-hour? ”

“ When we are concerned with Labour Protection therefore, both in theory and practice, it is evident that we have to deal with industrial wage-labour in a limited sense, not in the general sense in which the term occurs in the Industrial Code, while at the same time we must not fail to recognise that even the older Industrial Acts, in so far as they referred to wage-labour, were already Labour-protective Acts of a kind. ”

“ The work of a Factory is entirely carried on outside the dwelling of the employer and of the wage-worker.
c. The work of a Factory is the preparation and manufacture of commodities (industrial work, including all kinds of printing) , not production or first handling of raw material, as in mining industries.
d. The work of a Factory is work in which the wage-workers are constantly shut up together in buildings or in enclosures, and is not work in open spaces, or which moves from place to place, as in the case of work on wharves, in building yards, etc. ”

“ Equally insufficient are any of the existing not governmental agencies, such as family protection; the child of half-civilised factory hands and impoverished workers in household industries needs protection against his own parents, whose moral sense is often completely blunted.
Prohibition of child-labour in factory and quasi-factory industries rests on very good grounds. It is not impossible, not even very improbable, that prohibition of child-labour may sooner or later be extended to household industry; the abuse of child-labour is even more possible here than in factory work ”

“ Even the Auer Motion when carefully examined—if we set aside the general eight hours day and certain special features of organisation, in particular its claim to include in its scope the whole of industry—is not really as extravagant as it appears at first sight; for although indeed it demands complete Labour Protection for all kinds of industrial work, it requires only the application of the same special measures as are also demanded in other quarters, and as I have shown to be justified, except in a few special cases where it calls for more drastic measures. ”

“ The turn which Social Policy has thus taken in the direction of Labour Protection, raises the question among scientific observers whether it is true that the science of statecraft has thus launched forth upon a path of dangerous adventure and rash experimentation, and grappled with a problem, compared with which Prince Bismark’s scheme of Labour Insurance sinks into insignificance. Party-spirit, which loves to belittle real excellence, at present lends itself to the view which would minimise the significance of Labour Insurance as compared with Labour Protection. ”

“ Purely hand-manufacturing wholesale business should also be counted as factory-labour; for the fact that workshop business carried on with the help of power machinery is declared to be on the same footing as factory-labour means only this: that it presupposes the same need of protection felt in factories where the business is carried on with the help of power machinery, as is the case in most factories; it does not mean that certain kinds of manufacturing wholesale business carried on without power machinery (of which there are very few) should not be counted as factories. ”

“ The further development of protection in quitting service will probably more and more require the extraordinary jurisdiction of the industrial courts of arbitration. Protection against compulsory dismissal into which one employer may be forced by another employer by intimidation, libel, and defamation, is afforded by special penal Acts, and, like protection against breach of contract, is more particularly protection of the employer and is only indirectly protection of the worker. ”

“ Of course we have no experience to show that the further shortening of the day to less than 10 hours would allow of the execution of as much or more work than has hitherto been executed in more than 10 or 11 hours. There is a limit to the possible increase of efficiency in machines and in hand-labour, and in the two together. Labour Protection has neither the intention nor the right to prohibit any labour that is not too long to be physically and morally permissible. ”

“ The action of a positive Social policy would be hopelessly crippled by an equally balanced class representation, while at the same time the existing order of industrial life would be disturbed and shaken down to the very last and smallest branches of industry. ”

“ Schäffle reminds us, of the strong expression of opinion uttered by the Berlin International Labour Conference as to the beneficial results which might be looked for from a series of such gatherings, or to ask ourselves, why should not England be the next to convene a Labour Conference to gather up the experiences of the last few years, which have been so full of movement and agitation in the Labour world, as well as to give to other nations the benefit of the earnest and strenuous investigations, now nearly drawing to a close, of our own Royal Commission on Labour? ”

“ Just as female labour for our purpose does not mean the labour of all female persons, so male labour does not include all labour of male persons, but only of such male persons as have protection on grounds other than that of youth. ”

“ The countries whose administration was best and most complete would be the very ones that would be most handicapped: seeing that they could expect only a very minimum of real reciprocity from those other contracting powers whose administration was faulty, and where a strong national sentiment was lacking in the workers, owing to their miserable and penurious condition in the absence of effective protection for labour. Accurately to supervise the observance of such an international agreement we should require an amount of organisation which it is quite beyond our power to supply. ”

“ Least of all does Capital need to look forward with jealousy and suspicion to this visionary eight hours day which may lie in the lap of the future, but which will have come about, only gradually through a series of reductions by contract of the working-day, each successive rise of wage and each successive shortening of the working-day having been occasioned by a steady improvement in technique, and a healthy increase of population. ”

“ The Unions and other trade organisations of to-day can in their present form hardly be regarded as the last word in the history of labour organisation.
In the second chapter we had to guard against the error of looking on Labour Protection merely as factory protection, and protection of women and juvenile workers; we must with equal insistence draw attention to the fact that Labour Protection is not confined in its scope to protection of employment, or in its organisation to the machinery of industrial inspection. ”

“ It must of course be understood that Labour Protection is still in process of development. But according to all present appearances, there is no prospect, at any rate for some time to come, of its general extension to all classes of industrial wage-labour, for instance that the prohibition of night work will be extended to all adult male labourers, or that Sunday work will be absolutely prohibited in carrying industries and in public houses. ”

“ His plea for more international exchange of opinions and international uniformity of practice is one which must be echoed by all who have the cause of Labour at heart. To that larger sense of brotherhood which extends beyond the bounds of country we must look for the accomplishment of the Social Revolution which is surely on the way. On a task so large, and involving such far-reaching issues to the progress of the world, the nations must take hands and step together if the results are to be of permanent value. ”

“ But the supporter of even the most comprehensive scheme of labour representation does not stand committed to any such system of parliamentary management of industry by democratic majority as is proposed in the Auer Motion. The appointment and the working of the Labour Councils and Labour Chambers seems to me to introduce quite another element into the scheme.
The regular, not merely the accidental and occasional, meeting of the inspectors with the body of employers and workers is a recognised practical necessity; a less bureaucratic system of industrial management is demanded on all sides. ”

“ 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. ”

“ We need only look at the practical aspect of the matter. By the legal enforcement of a sudden and general shortening of the industrial national working-time, by 20 to 30 per cent. of the working-time of hitherto, higher wages are to be obtained for less work, or at least room is to be given for the actual employment of the whole working force at the present rate of wage!
How would an increase of wage, or even the maintenance (and that a continuous one) of the present rate be conceivable in view of a sudden general reduction of working-time by 20 to 30 per cent.? ”

“ The economic burden imposed upon the nation by Labour Protection, when compared with that of Labour Insurance, which we have already, will be found to be comparatively small. Those measures which call for the greater sacrifices—protection of married women, and regulation of the factory ten hours working-day—are recommended on all sides by way of international uniform regulations.
Freedom of contract will not be impaired, since such adults as are included under Labour Protection stand in special need of protection, and are as incapable of self-defence as minors in common law ”