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CHAPTER I.

REGULATION OF THE LABOR CONTRACT.

ART. A. AS TO GENERAL FORM, TIME, TERMINATION, ETC. SEC. 1. GENERAL CONSTITUTIONAL PROVISIONS CONCERNING LABOR.

It is important to remember that the whole principle of English and American labor law is based upon freedom of contract; quite the contrary in continental countries. In France, indeed, the Revolution, amidst the rejoicings of the people, abolished forever the restrictions of trade guilds; but in other countries, where the government does not interfere, the trade guilds, or, as we should say, unions, present insuperable obstacles to anyone engaging in their industry who is not a member of or has not gone through the apprenticeship required by the appropriate guild. In fact, in Germany an elaborate attempt has been recently made to reintroduce the whole guild system made over from its mediæval form to suit modern conditions.

In France the decree of March 2, 1791, provided that every person "shall be free to engage in such an enterprise or exercise such profession, art, or trade as he may desire." There are, however, certain restrictions as to professional employment, and foreigners must register at the mayor's office before engaging in any industrial or commercial work. (See law of August 8, 1893.)

SEC. 2. THE LABOR CONTRACT.

In France the labor contract is subject to the ordinary rules of the law concerning contracts and can be made in such form as the parties desire, and any person who hires out his services can at the expiration of the contract require his employer to furnish him with a certificate showing exclusively the date of his entrance into his service, the date of his departure, and the nature of the work. (Law of July 2, 1890.)

Switzerland. French Switzerland profited by the abolition of guild privileges and monopolies decreed by France in 1791. In the remainder of Switzerland the same result was only gradually accomplished. The political powers of the guilds were abolished early in the present century. Their economic functions, however, were in many cases allowed to remain, although the character of the guilds as close corporations with restricted membership was in all cases changed.

The requirement that all persons carrying on a handicraft trade on their own account or employing journeymen or apprentices should be

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