Part 11 (2/2)

But it is probably best that it should be legally formulated.

The extension of the prohibition to all women is recommended generally in the resolutions of the Berlin Conference, and the work has already been commenced in the _von Berlepsch_ Bill.

The enforcement of the measure will meet with some difficulties in the mines of Upper Silesia, but it will also remedy serious evils.

The force of public opinion is insufficient to prevent the employment of women in work underground. The very necessary demand for prohibition of employment of women in work on high buildings, follows on the prohibition of their employment underground. Such employment is almost completely excluded by custom.

CHAPTER VII.

EXCEPTIONS TO PROTECTIVE LEGISLATION.

All prohibition of employment and limitations of employment are apparently opposed to the interests of the employers. As long as they are kept within just limits, however, this will not be true generally or in the long run.

The just claims of Capital may be protected by admitting carefully regulated exceptions; but wherever and in so far as employment is opposed to the higher personal interests of the whole population, Capital must submit to the restrictions.

As regards the exceptions, these are in part regular or ordinary, in part irregular or extraordinary. We find examples of both kinds alike in the legislation for restricting the time of working and in legislation for protecting intervals of rest.

_Ordinary_ exceptions to prohibition of employment consist mainly of permission by legal enactment in certain specified kinds of industrial work, of a cla.s.s of labour which is elsewhere prohibited, _e.g._ night work for women and young workers. The greater number of cases of prohibition of employment appear in the inverse form of exceptions to permission of employment.

_Ordinary_ exceptions to restriction of employment are provided for partly by legislation, partly by administration, _i.e._ partly by the Government, partly by the district or local officials.

Wherever in the interests of industry it is impossible to enforce the ordinary protection of times of labour and hours of rest, this is made good to the labourer by the introduction of several (two, three, or four) s.h.i.+fts taking night and day by turns, so that an uninterrupted continuance of work may be possible without any prolonged resting time either in the day or in the night; moreover, the loss of Sunday rest can be compensated by a holiday during the week.

_Extraordinary_ exceptions occur chiefly in the following cases: (_a_) where work is necessary in consequence of an interruption to the regular course of business by some natural event or misfortune; (_b_) where work is necessary in order to guard against accidents and dangers; (_c_) where work is necessary in order to meet exceptional pressure of business.

_Exceptions to protection of holidays._

These exceptions are so regulated that in certain industries holiday work is indeed permitted but compensation is supplied by granting rest on working days. The exceptions provided for by the Berlin Conference have already been given. The _von Berlepsch_ Bill admits, if anything, too many exceptions. The Auer Motion permits holiday work in traffic business, in hotels and beer houses, in public places of refreshment and amus.e.m.e.nt, and in such industries as demand uninterrupted labour; an unbroken period of rest for 36 hours in the week is granted in compensation to such workers as are employed on Sunday.

Switzerland wishes to give compensation in protection of holidays in railway, steams.h.i.+p and postal service, by granting free time alternately on week days and Sundays, so that each man shall have 52 free days yearly, of which 17 shall be Sundays.

_Exceptions to prohibition of night work._

The Imp. Ind. Code Amendment Bill (-- 139_a_, 2, 3) admits ordinary and extraordinary exceptions. The Auer Motion does not entirely exclude such exceptions, as it provides exceptions in traffic business and such industries as ”from their nature require night work.” We cannot here enter into details as to the rules on the limitations of exceptions, and as to the enforcement of those rules.

_Exceptions to the maximum working-day._

Overtime: _Extraordinary_ exceptions to an enforced maximum working-day consist in permission of overtime; _ordinary_ exceptions consist in the employment of children, women and men, in certain kinds of business, for a longer time than is usual (see Chapter V.).

The _von Berlepsch_ Bill a.s.sumes a very cautious att.i.tude in the matter of overtime. _Extraordinary_ exceptions in the case of pressure of business are provided for as follows: ”In cases of unusual pressure of work the lower courts of administration may, on appeal of the employers, permit, during a period of 14 days, the employment of women above the age of 16 years until 10 o'clock in the evening on every week-day, except Sat.u.r.day, provided that the daily time of work does not exceed 13 hours. Permission to do this may not be granted to any employer for more than 40 days in the calendar year. The appeal shall be made in writing, and shall set forth the grounds on which the permission is demanded, the number of female workers to be employed, the amount of work to be done, and the s.p.a.ce of time required. The decision on the appeal shall be given in writing. On refusal of permission the grievance may be brought before a superior court. In cases in which permission is granted, the lower court of administration shall draw up a specification in which the name of the employer and a copy of the statements contained in the written appeal shall be entered.”

The Auer Motion sets the narrowest limits to admission of overtime, permitting it only in case of interruption of work through natural (elemental) accidents, and then only permitting it for 2 hours at the most for 3 weeks, and only with consent of the ”labour-board.”

<script>