Slike strani
PDF
ePub

SEC. 7. MINES, SHOPS, STORES, ETC.

(See also Chap. IV, Sec. 2.)

MERCANTILE AND ALLIED ESTABLISHMENTS.

Great Britain.-The conditions of labor in stores and similar establishments are regulated by the two acts of 55 and 56 Vict., c. 62, passed in 1892, and 56 and 57 Vict., c. 67, passed in 1893. These two acts, though similar in purpose to the factory acts, are not considered as constituting a part of those acts. Their enforcement, therefore, does not constitute a part of the duties of the factory inspectors.

These laws provide that no young person, by which is meant a person under the age of 18 years, shall be employed in or about a "shop" for a longer period than 74 hours, including mealtimes, in any one week. Shop is defined by the act to mean retail and wholesale shops (stores), markets, stalls, and warehouses in which assistants are employed for hire, and includes licensed public houses and refreshment houses of any kind. Shops where the only persons employed are members of the same family, dwelling in the building of which the shop forms a part or to which the shop is attached, and members of the employer's family so dwelling, or any person wholly employed as a domestic servant, are expressly excluded from the provisions of these acts.

No young person shall to the knowledge of his employer be employed in or about a shop having been previously on the same day employed in any factory or workshop for the number of hours permitted by the factory and workshop acts, or for a longer period than will together with the time during which he has been so previously employed complete such number of hours. The penalty for contravention of any of these provisions is a fine not exceeding £1 ($4.87) for each person so employed.

The enforcement of the acts is left to the local authorities. The council of any county or borough, or in the city of London the common council, may appoint such inspectors as they may think necessary for this purpose, and when so appointed these inspectors have much the same powers as inspectors under the factory acts.

Germany.-In Genmany children under 14 can not be employed peddling in streets or public places, nor in itinerant work from town

to town.

France. No child under 13 can be employed in theaters or music halls, but special permission may be granted in exceptional cases; and the employment of children under 16 as professional beggars, acrobats, etc., in strolling theatrical companies is also prohibited.

Holland.-In Holland the royal order of January 21, 1897, article 8, absolutely prohibits the employment of women or children under 16 in mines.

Italy. The law of November 20, 1859, prohibited the employment of children under 10 years of age in underground work or mines.

Norway and Sweden.-Women and children must not be employed below ground in mines and other similar establishments. In Sweden boys from 14 to 18 are allowed to work in mines not more than 12 hours per day.

Norway. Children under 14 years must not be employed in bakeries. New Zealand.-In New Zealand the act of 1894 applies to the labor of women and persons under 18 in shops, limiting the time to 52 hours

in any one week, exclusive of mealtimes, and 9 hours, excluding mealtimes, in any one day, except that on one day in each week 2 hours' overtime may be done, and there are 40 days in the year overtime up to 3 hours for the purpose of stock taking. No such woman or young person can be employed more than 5 consecutive hours without half an hour interval for refreshments, and notice must be posted in the shop.

New South Wales.-Males under 16 and females under 18 may not work in shops more than 52 hours per week, or 9 hours per day, except on one day in the week with 3 hours' overtime. The law in other respects resembles that of New Zealand, quoted above.

Queensland.-Males under 16 and females may not work in or in connection with any room for a longer time than 52 hours in any one week, exclusive of mealtimes, or 9 hours per day, except on one day of the week, when 2 hours' overtime is allowed, and 3 hours' overtime is allowed upon any day not exceeding 52 days in a year. No such persons can be employed continuously for more than 5 hours without an interval of half an hour for meals. Apothecaries, restaurants, etc., are subjected to special provisions, as in other Australian colonies.

Western Australia.-There is an elaborate early closing act (October 28, 1898). The law resembles that of Queensland. (See above.)

Ontario. The regulation of labor in shops (Revised Statutes, 1897, ch. 157) follows closely the chapter regulating labor in factories. child under 10 can be employed, and no children or women before 7 a. m. or after 6 p. m., with 1 hour for mealtime; but exception is made of the Christmas holidays. Seats are required for females, and a register must be kept.

SEC. 8. EDUCATIONAL RESTRICTIONS UPON CHILD LABOR.

In Great Britain no child under 13 can be employed in a factory, workshop, or elsewhere before he has reached the standard of education fixed by the local by-laws for total or partial exemption from attending school. A child under 13 who has fulfilled these conditions, and a child between 13 and 14 who has not received a school certificate, must continue to attend a school one attendance each workday if employed according to the morning or afternoon set system, or two attendances on the alternate day if employed according to that system. The standard of proficiency to exempt a child from these requirements is in reading, writing, and arithmetic, as fixed by the secretary of state, and the standard of "previous attendance" is 250 attendances a year for 5 years in not more than 2 schools in each year, after the scholar has reached the age of 5. The regulations in Scotland and Ireland are slightly different. A child who has received these certificates above described is deemed to be a "young person" for all purposes of the factory acts. The obligation of seeing a child employed in factories and workshops attend school primarily falls upon the parents, but the employer must also obtain certificates of attendance. A sum not over one-twelfth of the child's weekly wages, or 3d. per child, may be deducted from the wages, upon application of the school authorities, as a school fee.

Germany.-In Germany no child may be employed in factories until they have fulfilled the local requirements for school attendance. All employees under 18 must be permitted to attend finishing schools or

schools for the training of women in household duties if they desire to do so, or if they are required to do so by local laws. A commune may make it obligatory for male workers under 18 to attend finishing schools, provided a provincial law does not exist to the same effect. These provisions apply equally to apprentices in mercantile establish

ments.

Pass books must be required of children, upon which the employer must enter date of service, etc., which are only used when the minor is no longer of a compulsory school age.

Russia. The law of June 13, 1884, has strict provisions concerning the schooling of children employed in factories.

In Russia the law makes provision that children employed in factories and workshops shall have opportunity to attend school for at least 3 hours per day or 18 hours per week until they have a certificate of primary instruction. Special schools for the employees maintained by the employer are encouraged. Where a secondary school has been thus established the proprietors must permit such of their minor employees as have certificates of primary instruction to attend it.

Norway. Children and young persons who have not completed their obligatory school requirements must not be employed during school hours, and employers of other children must procure the usual certificate of primary education.

Sweden. Children between 12 and 14 may not be employed unless they have a certificate of primary education. Young persons under 15 must attend school as required by the school board. All employers must have the necessary certificate of the age, education, and state of health of each child employed.

New Zealand.-No person under 16 can be employed in any factory or workroom unless the inspector is satisfied that he or she have passed the fourth standard under the education act of 1877, but this section does not apply to any person who has arrived in the colony after attaining the age of 13, nor to persons who have lived more than 3 miles from the school and by reason thereof have been unable to comply with this section.

SEC. 9. OTHER LAWS REGULATING OR PROHIBITING THE EMPLOYMENT OF WOMEN AND CHILDREN.

In Great Britain an occupier of a factory shall not knowingly allow a woman to be employed therein within 4 weeks after she has given birth to a child. No child, young person, or woman may be employed outside a factory or workshop except during the recognized period of employment or on any day during which he or she is employed in the factory or workshop both before and after the dinner hour. A person is deemed to be employed outside the factory or workshop on the day on which work is given and commanded to be done outside. If a young person or woman is employed by the same employer on the same day both in a factory or workshop and a store, the whole period of such person shall not exceed the number of hours permitted by the factory acts for his or her employment in the factory or workshop. Seats in shops, 1 for each 3 women, were required by the act of August 9, 1899.

New Zealand.-Women and young persons under 18 are granted special holidays, to wit: Christmas Day, New Year's Day, Good Friday,

Easter Monday, and the King's birthday; also every Saturday after 1 p. m., with certain exceptions in the newspaper business. Wages must be paid for these holidays and half holidays at the full rate of ordinary working days, provided such persons have not been employed 20 days, which need not be consecutive, preceding the holiday, or 5 days in case of a half holiday who are paid by time wages.

The law of 1894 requires seats to be provided for females employed in shops, and there must be no rule prohibiting them from being seated except when actually engaged in employment.

New South Wales. Every occupier of a factory or shop must furnish suitable seating accommodations for his female employees and permit them to use them when the proper performance of their duty is not interfered with, and there must not be less than 1 seat for every 3 female employees.

Western Australia.-A similar law was passed December 16, 1899.

LABOR OF MARRIED WOMEN.

The German civil code has some interesting provisions concerning the labor of married women, as follows:

SEC. 1356. A married woman has both the right and the obligation of keeping house. She is obliged to attend to all domestic labor and the affairs of her husband in so far as such labor or occupation is usual according to the social condition of the married persons. Section 1357 provides that the woman is supreme within her sphere or at least that she has power to act or bind her husband in domestic matters. Generally speaking, the husband can not limit her powers without a divorce or something corresponding to our separation without divorce. The husband may, however (section 1358), annul any contract made by his wife for her personal labor with a third party unless he has agreed to such contract or is ill or absent, etc. Section 1359 provides that in performance of these conjugal obligations either husband or wife is only bound to the same degree of care that they would apply to their own affairs.

LABOR AFTER CHILDBIRTH.

The laws of European countries generally forbid the employment of women in factories within 4 weeks after childbirth.

And in Switzerland it is forbidden to employ pregnant women in certain occupations, such as match factories, lead works, mercurial processes, benzine cleaning, rubber works, or in carrying heavy burdens, or where exposed to violent shocks. And the same law (December 31, 1897) forbids the labor of children between 14 and 16 in or about moving machinery, dynamos, leather belting, circular saws, explosive or inflammable matter, etc.

New Zealand. The employment of boys or girls without payment. Protection act of October 21, 1899, provides that any persons under 18 employed under any pretext at any labor in a factory workshop are entitled to a minimum wage of 4 shillings a week for girls, and 5 shillings for boys.

SEC. 10. SUNDAYS AND HOLIDAYS.

In Great Britain all Sunday work in factories or workshops by children, young persons, and women, is prohibited except in certain cases of night work and when both employer and employees are of the Jewish religion, in which case there are special regulations. In addition

to Sunday and Saturday afternoons all children, young persons, and women employed in a factory or workshop must be allowed at least 6 additional holidays. For England and Wales these holidays are Christmas, Good Friday, and the four bank holidays.

In France women and children under 18 can not be employed for more than 6 days a week nor on legal holidays. Sunday need not, however, be selected as a day of rest, nor need all employers have the same. The holidays are Christmas, New Years, Ascension Day, Assumption Day, All Saints Day, Easter Monday, Pentecost Monday, and July 14. Exemptions from holiday work may be granted in special cases.

France. The law of August 10, 1899, provides that in the case of public work one day of rest must be allowed workmen during the week and the contract must so state. (Chap. 1, Art. B, sec. 2.) The same law applies to work done for each day. By another decree of the same date, law applies to communes as well.

In Germany industrial labor on Sunday is generally prohibited by the code of June 1, 1891, but this does not apply to agricultural labor, forestry, fishing, and concerts, theaters, hotels, and the like, nor to transportation generally. The usual holidays are Christmas, Easter, and Pentecost. Wide authority is given to the Bundesrath, and the superior and local authorities to make exceptions to these rules, and a general order was made by the Bundesrath February 5, 1895, as to Sunday labor.

In Austria no industrial or commercial work can be performed on Sunday or holidays without special permission from the Government, except such as is necessary to maintain the needs of the public, etc. Provision is made by law for an opportunity to the workingmen when employed on Sundays, to attend divine service. Sunday work is permitted for not more than 10 hours per day immediately before Christmas and other holidays, and there are several other exceptions permitted by the special authorities.

In Russia there are the following holidays besides Sundays: January 1 and 6, March 25, August 6 and 15, September 8, December 25 and 26, Good Friday and the Saturday following, Ascension Day and the second day of Pentecost, but workingmen, by agreement, may work on Sunday instead of some one week day.

Norway. No work must be performed from 6 p. m. of the day preceding a Sunday or holiday until the day following the Sunday or holiday, or, if two holidays follow each other, until 10 p. m. of the second holiday, unless such work is indispensable from the nature of the industry upon decision of the inspectors. In such establishments, employees must not work more than every other Sunday, unless the factory inspectors recognize that this rule is impossible; exceptions, of course, made for urgent repairs, and the King may promulgate dispensatory orders.

Denmark.-In Denmark factories may not be operated on Sundays between 9 a. m. and midnight, and stores must be closed after 9 a. m. on Sundays and holidays. Exceptions may be permitted by the minister of the interior in certain circumstances, as where the factory makes use of irregular natural forces, such as wind or water, but in this case the permission to work Sundays can not be for more than 26 days in a year. In other industries the employee must be left free from work at least every other Sunday.

Holland. The law, March 5, 1889, forbade the labor on Sundays

« PrejšnjaNaprej »