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CHAPTER V.

MINING LABOR.

There is no subject, with the possible exception of factories, upon which European legislation is so full and complete and specific as that of the regulation of mines, particularly coal mines and quarries. As there is a separate report on the subject of mining labor in volume V of the Industrial Commission's reports, prepared by Messrs. Durand and Willison, it seems undesirable to take up the necessary space for setting forth even one of them in this report. The laws of mines are always peculiar to the localities where the mines exist and the nature of the mines themselves, and are of little general interest except so far as they regulate hours of labor. As to this it is sufficient to say that the labor of women and girls in mines is now forbidden in most civilized countries. A good code upon mining law is the mining act of New Zealand. (New Zealand laws, 1898, chapter 38.)

Belgium. The law of April 11, 1897, provides a system of delegates for the inspection of all coal mines.

Great Britain. The statutory order of June 4, 1897, regulates with great particularity the employment of explosives in mines, with a schedule showing a list of such as are authorized. The matter will seem interesting only to a specialist, but may be found in the Belgian Labor Annual for 1898 (pp. 198 to 204).

CHAPTER VI.

AGRICULTURAL LABOR, DOMESTIC SERVICE.

No particular legislation upon this subject appears to exist in Great Britain, the English colonies, or any European country. There are, however, numerous local regulations contained in town ordinances, etc., in Germany and elsewhere.

CHAPTER VII.
RAILWAYS.

20 of the U. S. For the hours

A comprehensive statement of the condition of railway labor in Europe, by Dr. Walter E. Weyl, will be found in No. Bulletin of the Department of Labor, pages 1 to 117. of railway labor see Chapter I, Article B, Section IV.

I C-VOL XVI-01- -9

CHAPTER VIII.

INDUSTRIAL EDUCATION.

ART. A. THE APPRENTICE SYSTEM.

In foreign countries the apprentice system remains in full force, and is usually subject to elaborate regulations. In Great Britain the system remains as at common law, though most of the unions restrict the number that may be employed.

FRANCE.

The French law of February 22, 1851, contains provisions concerning the apprenticeship contract generally, and regulates the conditions of apprenticeship in commercial establishments, stores, offices, etc. The law of February 22, 1892, prescribes the age at which apprentices can be employed, the hours of labor, etc., in industrial or manufacturing concerns. (United States Labor Bulletin, Vol. IV, pp. 839, 840.)

The apprenticeship contract is defined by the law to be one by which a manufacturer, the head of an industrial establishment, or a workingman obligates himself to instruct another person in the practice of his trade, who in turn binds himself to work for the former for the period and under the conditions agreed upon.

The contract can be made either in writing, by public act or under private signature, or orally. In case the sum in dispute as the result of any infraction of the contract, however, is more than 150 francs ($28.95), the contract must be proved by a written document. The written contract should be signed by the master and the representative of the apprentice, and should contain the name, age, and residence of the apprentice; the name, age, residence, and occupation of the master and of the parents or guardian of the apprentice, or a person authorized by the parents, or in the absence of any such person, by the justice of the peace; the date and duration of the contract, and the conditions regarding lodging, food, and any other stipulations entered into by the parties.

In general, any adult person exercising a trade in which apprenticeship is practicable has the right to have apprentices, subject only to the exceptions that will be given. A workingman, as well as an employer, can have apprentices, provided he works for himself and fulfills the conditions required by the law concerning his ability to give proper instruction, and exercises the proper oversight. A minor engaged in a commercial pursuit can have an adult but not a minor apprentice. The following persons are debarred from having apprentices, viz, those who have been convicted of a crime or of an attempt against good morals, or who have been condemned to more than 3 months' imprisonment for certain misdemeanors. This incapacity can be removed, on the recommendation of the mayor, by the prefect, or, in Paris, by the prefect of police, if the convicted person has resided in the same commune for 3 years after the expiration of his term of imprisonment.

An unmarried man or widower can not permit minor females as apprentices to lodge at his house.

The duties of a master toward his apprentice are to conduct himself as a good father toward the latter, to watch over his conduct and habits, either at home or outside, and to instruct him in the art or trade which was the object of the contract. He must inform his parents or guardian of any grave offenses that the apprentice

may commit, or of any vicious tendencies that he may manifest, or in case he is ill, absents himself, or commits any act requiring their intervention. Unless otherwise agreed upon, an apprentice must not be employed upon work that does not pertain to his trade, nor shall he be given work injurious to his health or beyond hisstrength. The duration of actual labor must not exceed 10 hours per day for apprentices under 14 years of age, nor 12 hours for those from 14 to 16 years of age. No work at night, or from 9 p. m. to 5 a. m., can be required of apprentices under 16 years of age. No modifications of these provisions can be made except by the prefect, upon the recommendation of the mayor. No work can be required of apprentices on Sundays and legal holidays, except where by virtue of special stipulations in the contract or general usage they can be employed on those days in putting the shop in order, in which case such work must not continue after 10 a. m.

If an apprentice under 16 years of age can not read, write, or figure, or if he has not completed his first religious education, his master must give him liberty and time, which need not exceed 2 hours daily, in which to complete his education in these particulars.

At the end of the term of apprenticeship the master must give the apprentice a release or a certificate setting forth the execution of the contract.

The duties of the apprentice toward his master are those of fidelity, obedience, respect, and the performance of his work according to his full aptitude and strength. At the end of his apprenticeship he must make up for any time lost on account of sickness or absence, if of over 15 days' duration.

The apprenticeship contract can be terminated at any time by the agreement of both parties, or at the will of either party during the first 2 months of the contract, which are considered as a probationary period. The contract is terminated by the death of either party, or if the master or apprentice is summoned for military service, or if the master is convicted of any of the crimes disqualifying him from having apprentices, or, in the case of a female minor lodging at the house of her master, on the death of the master's wife or any other female head of the family who directed the household at the time of the contract.

Finally, the contract can be annulled through judicial procedure by either party: If the stipulations of the contract are broken; if the provisions of the apprenticeship law are seriously and habitually violated; if the apprentice habitually misconducts himself; if the master removes to another commune, in which case, however, the contract is not voidable until 3 months after the date of the removal; if either party is convicted of an offense involving imprisonment for more than a month; and if the apprentice marries. If the duration of the term of apprenticeship agreed upon exceeds that sanctioned by the local customs, it can be reduced or the contract can be annulled.

Any manufacturer, superintendent, or workman convicted of persuading an apprentice unlawfully to break his contract, in order that he may employ him as apprentice or workman, can be held liable for all or part of the indemnity that may be obtained by the master who has been abandoned.

The adjudication of disputes arising in relation to apprenticeship contracts is made by the council of prud'hommes, or, where there is no such body, by the justice of the peace of the canton. Violations of the provisions of the law regarding the disabilities of masters to have apprentices, the limitation of the working time of apprentices, or the giving to them of time for study are prosecuted before the police tribunal, and conviction involves a fine of from 5 to 15 francs ($0.97 to $2.90). Upon a repetition of the offense, the penalty can be augmented by imprisonment for 5 days, and where the second or subsequent violation is in reference to the law regarding the disability of masters to have apprentices consequent upon their having been convicted of a crime or of violating public morals, as above described, the master can be prosecuted before the bureau of correction and punished by imprisonment for from 15 days to 3 months, and the payment of a fine of from 50 to 300 francs ($9.65 to $57.90).

The foregoing provisions apply to apprentices in both commercial and manufacturing establishments, with the exception that the hours of labor, the age at which they can be employed, etc., of apprentices in the latter class of works are regulated by the factory act of 1892, the provisions of which are given elsewhere.

SWITZERLAND.

In Switzerland, with the abolition of the guilds, went the old system of apprenticeship that was bound up with it. Modern efforts for the training of young artisans in Switzerland, as in other countries, have taken the form of the development of

technical trade schools, and, to a certain extent, the enactment of legislation to provide regulations to take the place of the guild regulations that were abolished. The Federal Government, in the absence of any provision in its constitution permitting it, has no power to enact special laws concerning apprentices. No mention of apprenticeship contracts is made in the general law of 1883 regarding contracts, though contracts of this kind might have been regulated as were other contracts by this law. It is necessary, therefore, to turn to the legislation of the individual Cantons in order to learn what laws regarding this subject have been enacted in Switzerland.

It is only within comparatively recent years that the Cantons have attempted to regulate the conditions of apprenticeship by law. The general laws enacted by the Cantons for the regulation of labor in a number of cases, as will be seen when those laws are considered, contain provisions regarding the apprenticeship contract. The first step in the direction of the enactment of a special apprenticeship law was made by the Canton of Neuchatel by a law passed November 21, 1890. Geneva followed in 1893, Freyburg in 1895, and Vaud in 1896. It is scarcely necessary to give a statement of the provisions of all of these laws, since they are similar in most respects. The following translations of the provisions of the first and the latest laws, those of Neuchatel, November 21, 1890, and of Vaud, November 21, 1896, will show both the character of the legislation that has been enacted and the direction the movement for the legal regulation of apprenticeship in Switzerland is taking.

NEUCHATEL. Following is the law concerning the protection of apprentices passed by the Canton of Neuchatel, November 21, 1890:

For the purpose of elevating apprenticeship and developing the professional value of workingmen in the various arts and trades practiced in the Canton, and especially in the various branches of watchmaking, on the report of the council of state and a special commission, it is decreed as follows:

Supervision of apprenticeship.-1. Apprentices in each locality shall be under the supervision of the communal authorities. This supervision, according to the needs and importance of the localities, may be intrusted by the communal council to a special apprenticeship commission composed of an equal number of employers and employees possessing special qualifications for this duty.

2. In localities where there are councils of prudhommes these bodies must exercise, subject to the control of the communal authorities, the supervision of apprentices for which no special supervision shall have been organized by the unions (syndicats) of their trades, in conformity with article 3, that follows.

3. In places where employers and workingmen of the same trade have formed trade unions these bodies may, upon their request and the special decision of the council of state, be invested with the mission of supervising, under the control of the communal authorities, apprentices in their trades. Before undertaking this duty a union must prove that it represents at least a majority of the persons-employers and workingmen-interested, and each year must make a report to the communal council concerning the results of its supervision. This supervision must be exercised by a committee, half of whose members are elected by the employers' union and half by that of the employees.

4. If there exists only one union, either of employers or employees, to represent the interests of a trade, it may nevertheless demand that the supervision of apprentices in its trade be intrusted to a committee composed of an equal number of employers and employees belonging to the trade, half of whose members are elected by the union, provided that it shows that it embraces among its members a majority of the persons interested. The communal council will elect the other half from among the class not represented by the union.

5. The delegates of the communal authorities, as well as those of the commissions charged with the supervision of apprentices, shall have the right to visit at any time the apprentices in the shops where they work and control the course of their apprenticeship.

6. Among other things, they must assure themselves that the apprenticeship instruction is not neglected, and that the employer either himself instructs or causes the apprentices to be otherwise instructed in a gradual and complete way in the profession, art, trade, or branch of trade which is the object of the apprenticeship contract. 7. If in the course of their supervision, or as the result of complaints, they discover acts of abuse, negligence, or bad treatment, they must intervene immediately for the protection of the apprentice, and at the same time notify his parents, guardian, or the commune which has control over him.

8. An employer is prohibited from employing an apprentice without the execution of a written contract setting forth the duration of the apprenticeship, the conditions as regards remuneration and, where necessary, as regards board and lodging, and

the reciprocal obligations of the parties, which contract must be signed by the father, mother, or legal representative of the apprentice. This contract must be exhibited to the delegates charged with the supervision of apprentices whenever they request to see it.

9. The employer is likewise prohibited from employing an apprentice in work or services other than those relating to the exercise of his trade, except, however, in exceptional cases or as regards certain work or services sanctioned by usage and permitted by the authorities having the supervision of apprentices.

10. Each apprentice must be allowed during the work period such time as is necessary for the performance of his religious duties or the scholastic instruction required by law.

11. The normal hours of labor per day must not exceed 10 for apprentices from 13 to 15 years and 11 hours for those more than 15 years of age, inclusive of the time devoted to scholastic and religious instruction. In general, no night work shall be imposed upon apprentices, nor shall they be required to perform any work in their trade on Sundays or holidays. By night work is meant work performed between the hours of 8 p. m. and 5 a. m.

12. Exceptions from the preceding restrictions may be permitted in the case of trades and industries which require night work, or which must be exercised on Sunday, but the council of state as well as the communal authorities and the supervisory commissions shall always have the right to require that these exceptions be specially authorized.

13. There shall be instituted by the council of state in the department of industry and agriculture a commission, in which must be represented as far as possible the various trade unions officially recognized, having as its duty the study of the improvements that can be introduced in the service for the protection and supervision of apprentices, and the means of continually increasing the value of apprenticeship and the technical training of workingmen. It shall also, upon the recommendation of the apprenticeship commissions and the trade unions, prepare the programme of apprenticeship examinations, as hereafter provided.

Examination of apprentices.-14. It shall be the joint duty of the department of industry and agriculture, the communal councils, and the apprenticeship commissions to organize examinations for the purpose of determining if the apprentices have acquired during their terms of apprenticeship the technical knowledge and professional aptitude necessary in order that they may exercise with intelligence and profit the trade they have chosen.

15. No person shall be permitted to take these examinations unless he is an apprentice in Neuchatel or one of the other Swiss Cantons, is less than 25 years of age, and has prosecuted at least half of his apprenticeship with an employer resident in the Canton.

16. These examinations shall consist of inquiries concerning the theory of the technical elements which it is considered should be known by the apprentice, but chiefly of the execution of practical tasks, so that it may be possible to judge of his skill and knowledge in respect to the rules and practices of his trade.

17. Diplomas indicating the results of the examinations shall be given by the department of industry and agriculture to those apprentices who show a sufficient capacity for the practice of their profession.

18. There shall also be given to the apprentices whose examinations show the most favorable results prizes and recompenses consisting of deposits in the savings bank, books, or instruments or tools made use of in the trade which they intend to follow. Scholarships may also be accorded to those apprentices giving evidence of exceptional aptitude and desiring to further perfect themselves in the practice of their art or trade. The council of state shall fix the number and value of these scholarships, as well as the conditions under which they will be awarded.

19. Provision must be made each year for an appropriation of not less than 3,000 francs ($579), to be distributed in prizes to apprentices receiving diplomas.

20. The objects made and presented at the examinations by the apprentices receiving diplomas must, in general, be publicly exhibited, with mention of the name of the apprentice making each, the results of the examination, and the name of the employer.

21. Candidates for apprenticeship diplomas must register themselves at least 3 months before the termination of their apprenticeship, either with the commission having charge of the supervision of apprentices in their districts or in their trades or with the communal council.

22. The apprentice who fails upon an examination shall not again present himself for examination until at least 3 months have elapsed.

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