The Theory and Policy of Labour Protection Part 22

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 -- 139_b_.

-- 134_d_.

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.

-- 134_e_.

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 issue, accompanied by a declaration showing that, and in what manner the requirements of the enactment of -- 134_d_ have been satisfied.

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.

-- 134_f_.

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.

-- 134_g_.

Working rules issued before this Act comes into force, shall be subject to the provisions of ---- 134_a_ to 134_c_, 134_e_ (2), 134_f_, and shall be laid before the lower court of administration in duplicate, within four weeks.

Sections 134_d_ and 134_e_ (1) shall not apply to later alterations of such working rules, or to working rules issued for the first time, since January 1st, 1891.

-- 134_h_.

The expression "standing committees of workers," as understood by ---- 134_b_ (3), and 134_d_, includes only:

1. The managing committee of the sick-clubs of the business (factory), or of other clubs existing in the factory, for the benefit of the workers, the majority of the members of which are elected by the workers out of their midst--where such exist as standing committees of workers;

2. The eldest journeymen of such journeymen's unions as include the business of any employers not subject to the provisions of the Mining Acts--where such exist as standing committees of workers;

3. Standing committees of workers, formed before Jan. 1st, 1891, the majority of the members of which are elected by the workers out of their midst;

4. Representative bodies, the majority of the members of which are elected out of their midst by direct ballot voting of the workers of full age in the factory, or in the departments of the business concerned. The choice of representatives may be made according to cla.s.ses of workers or special departments of the business.

-- 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 half an hour at mid-day, and half an hour in the forenoon and afternoon must be given to other young workers.

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 Sat.u.r.days 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 Sat.u.r.days 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 s.h.i.+fts 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.

-- 138_a_.

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 Sat.u.r.days), 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 higher court of administration, and by it, only on condition that in the business or in the department of business in question, the total average number of hours per day, calculated over the whole year does not exceed the legal limit.