History of Labor Legislation

Introduction

In comparing legislation affecting factories, mines, shops and truck in the chief industrial countries of the continent with that of Great Britain, it is essential to a just view that inquiry should be extended beyond the codes themselves to the general social order and system of law and administration in each country . Further, special comparison of the definitions and the sanctions of each industrial code must be recognized as necessary, for these vary in all. In so brief a summary as is appended here no more is possible than an outline indication of the main general requirements and prohibitions of the laws as regards: (1) hours and times of employment, (2) ordinary sanitation and special requirements for unhealthy and dangerous industries, (3) security against accidents, and (4) prevention of fraud and oppression in fulfilment of wage contracts. As regards the first of these subdivisions, in general in Europe the ordinary legal limit is rather wider than in Great Britain, being in several countries not less than 11 hours a day, and while in some, as in France, the normal limit is 10 hours daily, yet the administrative discretion in granting exceptions is rather more elastic. The weekly half-holiday is a peculiarly British institution. On the other hand, in several European countries, notably France, Austria, Switzerland and Russia, the legal maximum day applies to adult as well as youthful labour, and not only to specially protected classes of persons. As regards specialized sanitation for unhealthy factory industries, German regulations appear to be most nearly comparable with British. Mines’ labour regulation in several countries, having an entirely different origin linked with ownership of mines, is only in few and most recent developments comparable with British Mines Regulation Acts. In regulation of shops, Germany, treating this matter as an integral part of her imperial industrial code, has advanced farther than has Great Britain. In truck legislation most European countries (with the exception of France) appear to have been influenced by the far earlier laws of Great Britain, although in some respects Belgium, with her rapid and recent industrial development, has made interesting original experiments. The rule of Sunday rest (see Sunday) has been extended in several countries, most recently in Belgium and Spain. In France this partially attempted rule has been so modified as to be practically a seventh day rest, not necessarily Sunday.

France.?-?Hours of labour were, in France, first limited in factories (usines et manufactures) for adults by the law of the 9th of September 1848 to 12 in the 24. Much uncertainty existed as to the class of workplaces covered. Finally, in 1885, an authoritative decision defined them as including: (1) Industrial establishments with motor power or continual furnaces, (2) workshops employing over 20 workers. In 1851, under condition of notification to the local authorities, exceptions, still in force, were made to the general limitation, in favour of certain industries or processes, among others for letterpress and lithographic printing, engineering works, work at furnaces and in heating workshops, manufacture of projectiles of war, and any work for the government in the interests of national defence or security. The limit of 12 hours was reduced, as regards works in which women or young workers are employed, in 1900 to 11, and was to be successively reduced to 10½ hours and to 10 hours at intervals of two years from April 1900. This labour law for adults was preceded in 1841 by one for children, which prevented their employment in factories before 8 years of age and prohibited night labour for any child under 13. This was strengthened in 1874, particularly as regards employment of girls under 21, but it was not until 1892 that the labour of women was specially regulated by a law, still in force, with certain amendments in 1900. Under this law factory and workshop labour is prohibited for children under 13 years, though they may begin at 12 if qualified by the prescribed educational certificate and medical certificate of fitness. The limit of daily hours of employment is the same as for adult labour, and, similarly, from the 1st of April 1902 was 10½, and two years later became 10 hours in the 24. Notice of the hours must be affixed, and meal-times or pauses with absolute cessation of work of at least one hour must be specified. By the act of 1892 one day in the week, not necessarily Sunday, had to be given for entire absence from work, in addition to eight recognized annual holidays, but this was modified by a law of 1906 which generally requires Sunday rest, but allows substitution of another day in certain industries and certain circumstances. Night labour?-?work between 9 P.M. and 5 A.M.?-?is prohibited for workers under 18, and only exceptionally permitted, under conditions, for girls and women over 18 in specified trades. In mines and underground quarries employment of women and girls is prohibited except at surface works, and at the latter is subject to the same limits as in factories. Boys of 13 may be employed in certain work underground, but under 16 may not be employed more than 8 hours in the 24 from bank to bank. A law of 1905 provided for miners a 9 hours’ day and in 1907 an 8 hours’ day from the foot of the entrance gallery back to the same point.

As in Great Britain, distinct services of inspection enforce the law in factories and mines respectively. In factories and workshops an inspector may order re-examination as to physical fitness for the work imposed of any worker under 16; certain occupations and processes are prohibited?-?e.g. girls under 16 at machines worked by treadles, and the weights that may be lifted, pushed or carried by girls or boys under 18 are carefully specified. The law applies generally to philanthropic and religious institutions where industrial work is carried on, as in ordinary trading establishments; and this holds good even if the work is by way of technical instruction. Domestic workshops are not controlled unless the industry is classed as dangerous or unhealthy; introduction of motor power brings them under inspection. General sanitation in industrial establishments is provided for in a law of 1893, amended in 1903, and is supplemented by administrative regulations for special risks due to poisons, dust, explosive substances, gases, fumes, &c. Ventilation, both general and special, lighting, provision of lavatories, cloakrooms, good drinking water, drainage and cleanliness are required in all workplaces, shops, warehouses, restaurant kitchens, and where workers are lodged by their employers hygienic conditions are prescribed for dormitories. In many industries women, children and young workers are either absolutely excluded from specified unhealthy processes, or are admitted only under conditions. As regards shops and offices, the labour laws are: one which protects apprentices against overwork (law of 22nd February 1851), one (law of 29th December 1900) which requires that seats shall be provided for women and girls employed in retail sale of articles, and a decree of the 28th of July 1904 defining in detail conditions of hygiene in dormitories for workmen and shop assistants. The law relating to seats is enforced by the inspectors of factories. In France there is no special penal legislation against abuses of the truck system, or excessive fines and deductions from wages, although Bills with that end in view have frequently been before parliament. Indirect protection to workers is no doubt in many cases afforded in organized industries by the action of the Conseils de Prud’hommes.

Belgium.?-?In 1848 in Belgium the Commission on Labour proposed legislation to limit, as in France, the hours of labour for adults, but this proposal was never passed. Belgian regulation of labour in industry remains essentially, in harmony with its earliest beginnings in 1863 and onwards, a series of specialized provisions to meet particular risks of individual trades, and did not, until 1889, give any adherence to a common principle of limitation of hours and times of labour for “protected” persons. This was in the law of the 13th of December 1889, which applies to mines, quarries, factories, workshops classed as unhealthy, wharves and docks, transports. As in France, industrial establishments having a charitable or philanthropic or educational character are included. The persons protected are girls and women under 21 years, and boys under 16; and women over 21 only find a place in the law through the prohibition of their employment within four weeks after childbirth. As the hours of labour of adult women remain ordinarily unlimited by law, so are the hours of boys from 16 to 21. The law of Sunday rest dated the 17th of July 1905, however, applies to labour generally in all industrial and commercial undertakings except transport and fisheries, with certain regulated exceptions for (a) cases of breakdown or urgency due to force majeure, (b) certain repairs and cleaning, (c) perishable materials, (d) retail food supply. Young workers are excluded from the exceptions. The absolute prohibitions of employment are: for children under 12 years in any industry, manufacturing or mining or transport, and for women and girls under 21 years below the surface in working of mines. Boys under 16 years and women and girls under 21 years may in general not be employed before 5 A.M. or after 9 P.M., and one day in the seven is to be set apart for rest from employment; to these rules exception may be made either by royal decree for classes or groups of processes, or by local authorities in exceptional cases. The exceptions may be applied, generally, only to workers over 14 years, but in mines, by royal decree, boys over 12 years may be employed from 4 A.M. The law of 1889 fixes only a maximum of 12 hours of effective work, to be interrupted by pauses for rest of not less than 1½ hours, empowering the king by decree to formulate more precise limits suited to the special circumstances of individual industries. Royal decrees have accordingly laid down the conditions for many groups, including textile trades, manufacture of paper, pottery, glass, clothing, mines, quarries, engineering and printing works. In some the daily limit is 10 hours, but in more 10½ or 11 hours. In a few exceptionally unhealthy trades, such as the manufacture of lucifer matches, vulcanization of india-rubber by means of carbon bi-sulphide, the age of exclusion from employment has been raised, and in the last-named process hours have been reduced to 5, broken into two spells of 2½ hours each. As a rule the conditions of health and safeguarding of employments in exceptionally injurious trades have been sought by a series of decrees under the law of 1863 relating to public health in such industries. Special regulations for safety of workers have been introduced in manufactures of white-lead, oxides of lead, chromate of lead, lucifer match works, rag and shoddy works; and for dangers common to many industries, provisions against dust, poisons, accidents and other risks to health or limb have been codified in a decree of 1896. A royal decree of the 31st of March 1903 prohibits employment of persons under 16 years in fur-pulling and in carotting of rabbit skins, and another of the 13th of May 1905 regulates use of lead in house-painting. In 1898 a law was passed to enable the authorities to deal with risks in quarries under the same procedure. Safety in mines (which are not private property, but state concessions to be worked under strict state control) has been provided for since 1810. In matters of hygiene, until 1899 the powers of the public health authorities to intervene were insufficient, and a law was passed authorizing the government to make regulations for every kind of risk in any undertaking, whether classed under the law of public health or not. By a special law of 1888 children and young persons under 18 years are excluded from employment as pedlars, hawkers or in circuses, except by their parents, and then only if they have attained 14 years. Abuses of the truck system have, since 1887, been regulated with care. The chief objects of the law of 1887 were to secure payment in full to all workers, other than those in agriculture or domestic service, of wages in legal tender, to prohibit payment of wages in public-houses, and to secure prompt payment of wages. Certain deductions were permitted under careful control for specific customary objects: lodging, use of land, uniforms, food, firing. A royal order of the 10th of October 1903 required use of automatic indicators for estimating wages in certain cases in textile processes. The law of the 15th of June 1896 regulates the affixing in workplaces, where at least five workers are employed, of a notice of the working rules, the nature and rate of fines, if any, and the mode of their application. Two central services the mines inspectorate and the factory and workshop inspectorate, divide the duties above indicated. There is also a system of local administration of the regulations relating to industries classed as unhealthy, but the tendency has been to give the supreme control in these matters to the factory service, with its expert staff.

Holland.?-?The first law for regulation of labour in manufacture was passed in 1874, and this related only to employment of children. The basis of all existing regulations was established in the law of the 5th of May 1889, which applies to all industrial undertakings, excluding agriculture and forestry, fishing, stock-rearing. Employment of children under 12 years is prohibited, and hours are limited for young persons under 16 and for women of any age. These protected persons may be excluded by royal decree from unhealthy industries, and such industries are specified in a decree of 1897 which supersedes other earlier regulations. Hours of employment must not exceed 11 in the 24, and at least one hour for rest must be given between 11 A.M. and 3 P.M., which hour must not be spent in a workroom. Work before 5 A.M. or after 7 P.M., Sunday work, and work on recognized holidays is generally prohibited, but there are exceptions. Overtime from 7 to 10 P.M., under conditions, is allowed for women and young workers, and Sunday work for women, for example, in butter and cheese making, and night work for boys over 14 in certain industries. Employment of women within four weeks of childbirth is prohibited. Notices of working hours must be affixed in workplaces. Underground work in mines is prohibited for women and young persons under 16, but in Holland mining is a very small industry. In 1895 the first legislative provision was made for protection of workers against risk of accident or special injury to health. Sufficient cubic space, lighting, ventilation, sanitary accommodation, reasonable temperature, removal of noxious gases or dust, fencing of machinery, precautions against risk from fire and other matters are provided for. The manufacture of lucifer matches by means of white phosphorus was forbidden and the export, importation and sale was regulated by a law of the 28th of May 1901. By a regulation of the 16th of March 1904 provisions for safety and health of women and young workers were strengthened in processes where lead compounds or other poisons are used, and their employment at certain dangerous machines and in cleaning machinery or near driving belts was prohibited. No penal provision against truck exists in Holland, but possibly abuses of the system are prevented by the existence of industrial councils representing both employers and workers, with powers to mediate or arbitrate in case of disputes.

Switzerland.?-?In Switzerland separate cantonal legislation prepared the way for the general Federal labour law of 1877 on which subsequent legislation rests. Such legislation is also cantonal as well as Federal, but in the latter there is only amplification or interpretation of the principles contained in the law ot 1877, whereas cantonal legislation covers industries not included under the Federal law, e.g. single workers employed in a trade (mÃ©tier) and employment in shops, offices and hotels. The Federal law is applied to factories, workshops employing young persons under 18 or more than 10 workers, and workshops in which unhealthy or dangerous processes are carried on. Mines are not included, but are regulated in some respects as regards health and safety by cantonal laws. Further, the Law of Employers’ Liability 1881-1887, which requires in all industries precautions against accidents and reports of all serious accidents to the cantonal governments, applies to mines. This led, in 1896, to the creation of a special mining department, and mines, of which there are few, have to be inspected once a year by a mining engineer. The majority of the provisions of the Federal labour law apply to adult workers of both sexes, and the general limit of the 11-hours’ day, exclusive of at least one hour for meals, applies to men as well as women. The latter have, however, a legal claim, when they have a household to manage, to leave work at the dinner-hour half an hour earlier than the men. Men and unmarried women may be employed in such subsidiary work as cleaning before or after the general legal limits. On Saturdays and eves of the eight public holidays the 11-hours’ day is reduced to 10. Sunday work and night work are forbidden, but exceptions are permitted conditionally. Night work is defined as 8 P.M. to 5 A.M. in summer, 8 P.M. to 6 A.M. in winter. Children are excluded from employment in workplaces under the law until 14 years of age, and until 16 must attend continuation schools. ZÃ¼rich canton has fixed the working day for women at 10 hours generally, and 9 hours on Saturdays and eves of holidays. BÃ ¢le-Ville canton has the same limits and provides that the very limited Sunday employment permitted shall be compensated by double time off on another day. In the German-speaking cantons girls under 18 are not permitted to work overtime; in all cantons except Glarus the conditional overtime of 2 hours must be paid for at an enhanced wage.

Sanitary regulations and fencing of machinery are provided for with considerable minuteness in a Federal decree of 1897. The plans of every new factory must be submitted to the cantonal government. In the case of lucifer match factories, not only the building but methods of manufacture must be submitted. Since 1901 the manufacture, sale and import of matches containing white phosphorus have been forbidden. Women must be absent from employment during eight weeks before and after childbirth. In certain dangerous occupations, e.g. where lead or lead compounds are in use, women may not legally be employed during pregnancy. A resolution of the federal council in 1901 classed thirty-four different substances in use in industry as dangerous and laid down that in case of clearly defined illness of workers directly caused by use of any of these substances the liability provided by article 3 of the law of the 25th of June 1881, and article 1 of the law of the 26th of April 1887, should apply to the manufacture. Legislative provision against abuses of the truck system appears to be of earlier origin in Switzerland (17th century) than any other European country outside England (15th century). The Federal Labour Law 1877 generally prohibits payment of wages otherwise than in current coin, and provides that no deduction shall be made without an express contract. Some of the cantonal laws go much farther than the British act of 1896 in forbidding certain deductions; e.g. ZÃ¼rich prohibits any charge for cleaning, warming or lighting workrooms or for hire of machinery. By the Federal law fines may not exceed half a day’s wage. Administration of the Labour laws is divided between inspectors appointed by the Federal Government and local authorities, under supervision of the cantonal governments. The Federal Government forms a court of appeal against decisions of the cantonal governments.

Germany.?-?Regulation of the conditions of labour in industry throughout the German empire is provided for in the Imperial Industrial Code and the orders of the Federal Council based thereon. By far the most important recent amendment socially is the law regulating child-labour, dated the 30th of March 1903, which relates to establishments having industrial character in the sense of the Industrial Code. This Code is based on earlier industrial codes of the separate states, but more especially on the Code of 1869 of the North German Confederation. It applies in whole or in part to all trades and industrial occupations, except transport, fisheries and agriculture. Mines are only included so far as truck, Sunday and holiday rest, prohibition of employment underground of female labour, limitation of the hours of women and young workers are concerned; otherwise the regulations for protection of life and limb of miners vary, as do the mining laws of the different states. To estimate the force of the Industrial Code in working, it is necessary to bear in mind the complicated political history of the empire, the separate administration by the federated states, and the generally considerable powers vested in administration of initiating regulations. The Industrial Code expressly retains power for the states to initiate certain additions or exceptions to the Code which in any given state may form part of the law regulating factories there. The Code (unlike the Austrian Industrial Code) lays down no general limit for a normal working day for adult male workers, but since 1891 full powers were given to the Imperial government to limit hours for any classes of workers in industries where excessive length of the working day endangers the health of the worker (R.G.O. § 120e). Previously application had been made of powers to reduce the working day in such unhealthy industries as silvering of mirrors by mercury and the manufacture of white-lead. Separate states had, under mining laws, also limited hours of miners. Sunday rest was, in 1891, secured for every class of workers, commercial, industrial and mining. Annual holidays were also secured on church festivals. These provisions, however, are subject to exceptions under conditions. An important distinction has to be shown when we turn to the regulations for hours and times of labour for protected persons (women, young persons and children). Setting aside for the moment hours of shop assistants (which are under special sections since 1900), it is to “factory workers” and not to industrial workers in general that these limits apply, although they may be, and in some instances have been, further extended?-?for instance, in ready-made clothing trades?-?by imperial decree to workshops, and by the Child Labour Law of 1903 regulation of the scope and duration of employment of children is much strengthened in workshops, commerce, transport and domestic industries. The term “factory” (Fabrik) is not defined in the Code, but it is clear from various decisions of the supreme court that it only in part coincides with the English term, and that some workplaces, where processes are carried on by aid of mechanical power, rank rather as English workshops. The distinction is rather between wholesale manufacturing industry, with subdivision of labour, and small industry, where the employer works himself. Certain classes of undertaking, viz. forges, timber-yards, dock-yards, brickfields and open quarries, are specifically ranked as factories. Employment of protected persons at the surface of mines and underground quarries, and in salt works and ore-dressing works, and of boys underground comes under the factory regulations. These exclude children from employment under 13 years, and even later if an educational certificate has not been obtained; until 14 years hours of employment may not exceed 6 in the 24. In processes and occupations under the scope of the Child Labour Law children may not be employed by their parents or guardians before 10 years of age or by other employers before 12 years of age; nor between the hours of 8 P.M. and 8 A.M., nor otherwise than in full compliance with requirements of educational authorities for school attendance and with due regard to prescribed pauses. In school term time the daily limit of employment for children is three hours, in holiday time three hours. As regards factories Germany, unlike Great Britain, France and Switzerland, requires a shorter day for young persons than for women?-?10 hours for the former, 11 hours for the latter. Women over 16 years may be employed II hours. Night work is forbidden, i.e. work between 8.30 P.M. and 5.30 A.M. Overtime may be granted to meet unforeseen pressure or for work on perishable articles, under conditions, by local authorities and the higher administrative authorities. Prescribed meal-times are?-?an unbroken half-hour for children in their 6 hours; for young persons a mid-day pause of one hour, and half an hour respectively in the morning and afternoon spells; for women, an hour at mid-day, but women with the care of a household have the claim, on demand, to an extra half-hour, as in Switzerland. No woman may be employed within four weeks after childbirth, and unless a medical certificate can then be produced, the absence must extend to six weeks. Notice of working periods and meal-times must be affixed, and copies sent to the local authorities. Employment of protected persons in factory industries where there are special risks to health or morality may be forbidden or made dependent on special conditions. By the Child Labour Law employment of children is forbidden in brickworks, stone breaking, chimney sweeping, street cleaning and other processes and occupations. By an order of the Federal Council in 1902 female workers were excluded from main processes in forges and rolling mills. All industrial employers alike are bound to organize labour in such a manner as to secure workers against injury to health and to ensure good conduct and propriety. Sufficient light, suitable cloakrooms and sanitary accommodation, and ventilation to carry off dust, vapours and other impurities are especially required. Dining-rooms may be ordered by local authorities. Fencing and provision for safety in case of fire are required in detail. The work of the trade accident insurance associations in preventing accidents is especially recognized in provisions for special rules in dangerous or unhealthy industries. Officials of the state factory departments are bound to give opportunity to trustees of the trade associations to express an opinion on special rules. In a large number of industries the Federal Council has laid down special rules comparable with those for unhealthy occupations in Great Britain. Among the regulations most recently revised and strengthened are those for manufacture of lead colours and lead compounds, and for horse-hair and brush-making factories. The relations between the state inspectors of factories and the ordinary police authorities are regulated in each state by its constitution. Prohibitions of truck in its original sense?-?that is, payment of wages otherwise than in current coin apply?-?to any persons under a contract of service with an employer for a specified time for industrial purposes; members of a family working for a parent or husband are not included; outworkers are covered. Control of fines and deductions from wages applies only in factory industries and shops employing at least 20 workers. Shop hours are regulated by requiring shops to be closed generally between 9 P.M. and 5 A.M., by requiring a fixed mid-day rest of 1½ hours and at least 10 hours’ rest in the 24 for assistants. These limits can be modified by administrative authority. Notice of hours and working rules must be affixed. During the hours of compulsory closing sale of goods on the streets or from house to house is forbidden. Under the Commercial Code, as under the Civil Code, every employer is bound to adopt every possible measure for maintaining the safety, health and good conduct of his employÃ©s. By an order of the Imperial Chancellor under the C
ommercial Code seats must be provided for commercial assistants and apprentices.

Austria.?-?The Industrial Code of Austria, which in its present outline (modified by later enactments) dates from 1883, must be carefully distinguished from the Industrial Code of the kingdom of Hungary. The latter is, owing to the predominantly agricultural character of the population, of later origin, and hardly had practical force before the law of 1893 provided for inspection and prevention of accidents in factories. No separate mining code exists in Hungary, and conditions of labour are regulated by the Austrian law of 1854. The truck system is repressed on lines similar to those in Austria and Germany. As regards limitation of hours of adult labour, Hungary may be contrasted with both those empires in that no restriction of hours applies either to men’s or women’s hours, whereas in Austrian factories both are limited to an 11-hours’ day with exceptional overtime for which payment must always be made to the worker. The Austrian Code has its origin, however, like the British Factory Acts, in protection of child labour. Its present scope is determined by the Imperial “Patent” of 1859, and all industrial labour is included except mining, transport, fisheries, forestry, agriculture and domestic industries. Factories are defined as including industries in which a “manufacturing process is carried on in an enclosed place by the aid of not less than twenty workers working with machines, with subdivision of labour, and under an employer who does not himself manually assist in the work.” In smaller handicraft industries the compulsory gild system of organization still applies. In every industrial establishment, large or small, the sanitary and safety provisions, general requirement of Sunday rest, and annual holidays (with conditional exceptions), prohibition of truck and limitation of the ages of child labour apply. Night work for women, 8 P.M. to 5 A.M., is prohibited only in factory industries; for young workers it is prohibited in any industry. Pauses in work are required in all industries; one hour at least must be given at mid-day, and if the morning and afternoon spells exceed 5 hours each, another half-hour’s rest at least must be given. Children may not be employed in industrial work before 12 years, and then only 8 hours a day at work that is not injurious and if educational requirements are observed. The age of employment is raised to 14 for “factories,” and the work must be such as will not hinder physical development. Women may not be employed in regular industrial occupation within one month after childbirth. In certain scheduled unhealthy industries, where certificates of authorization from local authorities must be obtained by intending occupiers, conditions of health and safety for workers can be laid down in the certificate. The Minister of the Interior is empowered to draw up regulations prohibiting or making conditions for the employment of young workers or women in dangerous or unhealthy industries. The provisions against truck cover not only all industrial workers engaged in manual labour under a contract with an employer, but also shop-assistants; the special regulations against fines and deductions apply to factory workers and shops where at least 20 workers are employed. In mines under the law of 1884, which supplements the general mining law, employment of women and girls underground is prohibited; boys from 12 to 16 and girls from 12 to 18 may only be employed at light work above ground; 14 is the earliest age of admission for boys underground. The shifts from bank to bank must not exceed 12 hours, of which not more than 10 may be effective work. Sunday rest must begin not later than 6 A.M., and must be of 24 hours’ duration. These last two provisions do not hold in case of pressing danger for safety, health or property. Sick and accident funds and mining associations are legislated for in minutest detail. The general law provides for safety in working, but specific rules drawn up by the district authorities lay down in detail the conditions of health and safety. As regards manufacturing industry, the Industrial Code lays no obligation on employers to report accidents, and until the Accident Insurance Law of 1889 came into force no statistics were available. In Austria, unlike Germany, the factory inspectorate is organized throughout under a central chief inspector.

Scandinavian Countries.?-?In Sweden the Factory Law was amended in January 1901; in Denmark in July 1901. Until that year, however, Norway was in some respects in advance of the other two countries by its law of 1892, which applied to industrial works, including metal works of all kinds and mining. Women were thereby prohibited from employment: (a) underground; (b) in cleaning or oiling machinery in motion; (c) during six weeks after childbirth, unless provided with a medical certificate stating that they might return at the end of four weeks without injury to health; (d) in dangerous, unhealthy or exhausting trades during pregnancy. Further, work on Sundays and public holidays is prohibited to all workers, adult and youthful, with conditional exceptions under the authority of the inspectors. Children over 12 are admitted to industrial work on obtaining certificates of birth, of physical fitness and of elementary Education . The hours of children are limited to 6, with pauses, and of young persons (of 14 to 18 years) to 10, with pauses. Night work between 8 P.M. and 6 A.M. is prohibited. All workers are entitled to a copy of a code of factory rules containing the terms of the contract of work drawn up by representatives of employÃ©s with the employers and sanctioned by the inspector. Health and safety in working are provided for in detail in the same law of 1892. Special rules may be made for dangerous trades, and in 1899 such rules were established for match factories, similar to some of the British rules, but notably providing for a dental examination four times yearly by a doctor. In Denmark, regulation began with unhealthy industries, and it was not until the law of 1901 came into force, on the 1st of January 1902, that children under 12 years have been excluded from factory labour. Control of child labour can be strengthened by municipal regulation, and this has been done in Copenhagen by an order of the 23rd of May 1903. In Sweden the 12 years’ limit had for some time held in the larger factories; the scope has been extended so that it corresponds with the Norwegian law. The hours of children are, in Denmark, 6½ for those under 14 years; in Sweden 6 for those under 13 years. Young persons may not in either country work more than 10 hours daily, and night work, which is forbidden for persons under 18 years, is now defined as in Norway. Women may not be employed in industry within four weeks of childbirth, except on authority of a medical certificate. All factories in Sweden where young workers are employed are subject to medical inspection once a year. Fencing of machinery and hygienic conditions (ventilation, cubic space, temperature, light) are regulated in detail. In Denmark the use of white phosphorus in manufacture of lucifer matches has been prohibited since 1874, and special regulations have been drawn up by administrative orders which strengthen control of various unhealthy or dangerous industries, e.g. dry-cleaning works, printing works and type foundries, iron foundries and engineering works. A special act of the 6th of April 1906 regulates labour and sanitary conditions in bakehouses and confectionery works.

Italy and Spain.?-?The wide difference between the industrial development of these southern Latin countries and the two countries with which this summary begins, and the far greater importance of the agricultural interests, produced a situation, as regards labour legislation until as recently as 1903, which makes it convenient to touch on the comparatively limited scope of their regulations at the close of the series. It was stated by competent and impartial observers from each of the two countries, at the International Congress on Labour Laws held at Brussels in 1897, that the lack of adequate measures for protection of child labour and inefficient administration of such regulations as exist was then responsible for abuse of their forces that could be found in no other European countries. “Their labour in factories, workshops, and mines constitutes a veritable martyrdom” (Spain). “I believe that there is no country where a sacrifice of child life is made that is comparable with that in certain Italian factories and industries” (Italy). In both countries important progress has since been made in organizing inspection and preventing accidents. In Spain the first step in the direction of limitation of women’s hours of labour was taken by a law of 1900, which took effect in 1902, in regulations for reduction of hours of labour for adults to 11, normally, in the 24. Hours of children under 14 must not exceed 6 in any industrial work nor 8 in any commercial undertaking. Labour before the age of 10 years and night work between 6 P.M. and 5 A.M. was prohibited, and powers were taken to extend the prohibition of night work to young persons under 16 years. The labour of children in Italy was until 1902 regulated in the main by a law of 1886, but a royal decree of 1899 strengthened it by classing night work for children under 12 years as “injurious,” such work being thereby generally prohibited for them, though exceptions are admitted; at the same time it was laid down that children from 12 to 15 years might not be employed for more than 6 hours at night. The law of 1886 prohibits employment of children under 9 years in industry and under 10 years in underground mining. Night work for women was in Italy first prohibited by the law of the 19th of June 1902, and at the same time also for boys under 15, but this regulation was not to take full effect for 5 years as regards persons already so employed; by the same law persons under 15 and women of any age were accorded the claim to one day’s complete rest of 24 hours in the week; the age of employment of children in factories, workshops, laboratories, quarries, mines, was raised to 12 years generally and 14 years for underground work; the labour of female workers of any age was prohibited in underground work, and power was reserved to further restrict and regulate their employment as well as that of male workers under 15. Spain and Italy, the former by the law of the 13th of March 1900, the latter by the law of the 19th of June 1902, prohibit the employment of women within a fixed period of childbirth; in Spain the limit is three weeks, in Italy one month, which may be reduced to three weeks on a medical certificate of fitness. Sunday rest is secured in industrial works, with regulated exceptions in Spain by the law of the 3rd of March 1904. It is in the direction of fencing and other safeguards against accidents and as regards sanitary provisions, both in industrial workplaces and in mines, that Italy has made most advance since her law of 1890 for prevention of accidents. Special measures for prevention of malaria are required in cultivation of rice by a ministerial circular of the 23rd of April 1903; work may not begin until an hour after sunrise and must cease an hour before sunset; children under 13 may not be employed in this industry.

History of Labor Legislation from 1910

Eight-hour Day

The movement for reduced hours of labour which set in after the signing of the Armistice was world-wide, and, either by way of legislation or by agreement between the representatives of employers and workpeople, the length of the working day formerly in operation has been curtailed in many countries.

In France the Labour Code was amended by a general 8-hour-day law passed in April 1919, and in June the existing legislation as to the length of the working day in the mining industry was amended by extending the 8-hour day to all classes of workpeople, whether employed underground or on the surface. Previously, under a law of Dec. 1913, the limit of 8 hours per day had applied only to workpeople employed underground. In Aug. 1919, a similar limit was enacted for all persons employed in French vessels.

In Germany one of the first enactments of the Provisional Government was a law fixing an 8-hour day for all industrial workers, special arrangements being made to meet the case of transport workers and of those employed in establishments in continuous operation. In Jan. 1919, the German Government issued a new code in respect of agricultural labour, fixing a limit for the hours of labour of agricultural workers?-?in four months of the year the average hours not to exceed 8 per diem, in four months 10, and in four months 11.

From Nov. 1918 onwards, laws or decrees have also been passed fixing 8 hours per day (or alternatively 48 hours per week) as the normal working time in Switzerland, Holland (45-hour week, i.e. 8-hour day for five days of the week and a half-holiday on Saturday), Denmark (in respect of establishments with continuous working as from the commencement of Jan. 1920), Norway, Sweden, Spain, Poland, Czechoslovakia, Austria, etc. It may, however, be noted that it has been deemed necessary to grant temporary exemptions from the strict statutory application of the 8-hour day in France, Austria and the Netherlands; and in all cases certain exceptions are permitted in respect of national emergency, such as war, accident and unforeseen circumstances, subsidiary and complementary processes requiring to be done before the main work can begin or after it has ceased, adjustment of shifts, seasonal trades, and emergencies, as, for example, in order to prevent industrial dislocation. Conditions are usually attached to any relaxation of, or exemption from, the normal limit of hours.

In several countries a shorter working day has been introduced by agreement between employers and workpeople, thus anticipating or supplementing legislation on this point. This method has been largely adopted in Italy, the United States, etc. In Australia the 8-hour day, or 48-hour week, has been in operation for many years either by agreement or arbitration award.

Hours of Women and Children

A great deal was done, in various countries, to improve conditions under this heading during 1910-20 (see also Hours of Labour).

France.-A law dated 1911 amended the law of Nov. 1892, on the labour of women and children in industrial establishments, so as to bring it into accord with the Berne Convention on night-work of women. The provision of the earlier law, prescribing that young persons of less than 18 and women might not be employed between the hours of 9 P.M. and 5 A.M., was retained, and in addition it was laid down that such persons must have not less than 11 consecutive hours of rest at night. In the case of lads and boys working underground in mines and quarries, work might, as before, be authorized from 4 A.M. to 10 P.M., provided that it was divided into two shifts of not more than 9 hours each, broken by an interval of at least one hour. For women over 18 employed in certain trades, to be determined by ordinance and on due notice being given, work might continue up to 10 P.M. (formerly 11 P.M.) at certain periods of the year for not more than 60 days in the year, but in no case must the number of hours worked per day exceed 12. In these trades and in trades in which, under Article 7 of the law of 1892, the restrictions as to the length of the daily hours of labour might be temporarily suspended by ordinance, the consecutive rest period might be reduced to 10 hours. Temporary exemptions might be made in the case of certain industries determined by ordinance, and, as before, permission to work beyond the usual hours, or to shorten the period of nightly rest, might also be granted in the case of stoppages due to accident or unforeseen occurrences. A law of June 1913 was passed for the protection of women workers before and after childbirth. By a law dated 1917, the principle of freedom from work on Saturday afternoons was laid down for women employed in the clothing trades in France. A law dated 1919, and operating as from Oct. 1920, prohibited employment in bakeries between, 10 P.M. and 4 A.M.

Belgium.-A law passed in April 1911 amended the existing laws, and, among Other provisions , required the abolition of the underground labour of all females and of males under 14 years of age, as from the beginning of the third year from the date of promulgation. By a law of Aug. 1911, night-work of women and girls was prohibited in industrial establishments in which more than 10 workpeople are employed, and every woman or girl employed in such establishments must be granted not less than 11 consecutive hours of rest at night, this period of rest including the interval from 9 P.M. to 5 A.M. Exceptions were made in the case of seasonal trades, unforeseen circumstances and materials liable to rapid deterioration.

Switzerland.-In 1915, the Swiss Factory Act of 1877, which was amended in certain respects in 1905, was superseded by a new Act. As in the former law, women are forbidden to work at night or on Sundays. A new provision states that the Federal Council is to prescribe the branches of work or particular occupations in which women may not be employed under any circumstances. Women must have a night’s rest of at least 11 consecutive hours, including the period from 10 P.M. to 5 A.M.; but by special permission this may be reduced to 10 hours for 60 days in the year, or, when perishable materials are being worked upon, for 140 days. The former law provided that, for a period in all of 8 weeks before and after confinement, wornen should be exempted from work in factories; the later law provides for their exclusion from work in factories for 6 weeks following confinement, which period, at their request, may be extended to 8 weeks. The later law retains the limit of 14 years as the minimum age at which children may be allowed to work in factories, and also the provision forbidding the employment of young persons under 18 at night-work and on Sundays. A new provision states that children under 16 may not be employed upon work where the normal hours are exceeded, and the Federal Council is to prescribe certain branches of industry or certain occupations at which young persons under 16 must not be employed at all. The new law also reduced the length of the working-day in factories from 11 to 10 hours.

Holland.-A royal decree dated Oct. 1911 approved the text of a labour law amending the regulations hitherto in operation governing the employment of young persons and women in industry in the Netherlands. No child under the age of 13 might be employed in an industrial establishment, nor any person over that age not exempt from school attendance. Previously the minimum age of admission had been 12 years. The hours of labour of young persons (defined as those under the age of 17) and women in factories, etc., might not exceed 10 per day or 58 per week (instead of 11 per day as before), nor might these workers be employed, as a general rule, before 6 A.M. or after 7 P.M. (formerly 5 A.M. and 7 P.M.). Women having household duties to perform, and making a declaration to that effect, might not be employed after 1 P.M. on Saturdays; and by ministerial order no young person or woman might be employed after that hour in any or in certain specified trades. Under a labour law of 1919, any work by children under 14 years of age or by those to whom the Education Act is applicable is prohibited as from July 1921. Young persons (i.e. persons between 14 and 18) are not to work on Sundays, except outside factories, workshops, shops, offices, etc. Young persons may not work outside factories, workshops, shops, etc., between 7 P.M. and 6 A.M.; in shops and in coffee-houses and hotels between 8 P.M. and 8 A.M.; in offices between 6 P.M. and 8 A.M. In factories, workers over 15 may do certain defined work, or work under certain defined conditions, between the hours of 6 P.M. and 10 P.M. and between 5 A.M. and 7 A.M. By royal decree, certain kinds of work, or work under certain conditions to be defined by such decree, may not be done by young persons or women on the ground of its danger to health, morality or life. Women may not work for at least 2 weeks before, and 6 weeks after, confinement.

Norway.-The Norwegian Factory Act of 1909, together with amending laws dated 1910 and 1911, was superseded by a law dated Sept. 1915. With the exception of new provisions relating to daily working hours and night-work, the 1915 Act was practically identical with that of 1909. The most important change introduced by the new clauses is the limitation of the working hours of adults employed in factories, irrespective of sex, to 10 hours per day, or 54 weekly. In the previous law no regulations whatever were included with regard to working hours of adults (defined as persons over 18 years of age). In the case of persons employed in mines (so far as concerns underground work), foundries, and book and newspaper printing works, the hours of labour as a general rule are not to exceed 48 per week. For the first time in Norwegian factory legislation, the law made general regulations as to night-work, which is defined as work performed between the hours of 9 P.M. and 6 A.M. As a rule, special permission is required for night-work, except with regard to adult workers in continuous trades. The provisions as to hours of labour and night-work do not apply to adults employed in stores and warehouses, building works and yards, wharves, loading, and unloading steamships and analogous occupations, or to those employed in handicraft workshops not using mechanical power; nor are adults employed in paper, cellulose and wood-pulp factories, in which work is continuous, affected by the new provision.

Sweden.-A new law for the protection of workpeople, dated 1912, consolidated, completed, and superseded all laws and regulations previously enacted for safeguarding workpeople against accident and other risks of employment, with the exception of (1) the law of Nov. 1909, forbidding the employment of women on night-work in certain trades; (2) the decree of Dec. 1897, regarding the employment of children in public exhibitions; and (3) the decree of Dec. 1896, for the prevention of “phossy jaw.” New provisions for reducing risk of accidents were laid down with special reference to the testing of steam boilers, vats, etc., liable to explode. Among new provisions for ensuring healthy conditions of work may be mentioned the increase of the minimum air-space in workrooms from 247 to 353 cub. ft. per worker. The provisions affecting minors were of a wider character than those contained in the former law regarding these employees. The old law had reference only to those employed in factories or in analogous occupations, whereas the new law was extended to occupations other than those conducted in factories. The age-limit for minors of both sexes imposed by the previous law was 12 years. This was now raised to 13 years for boys and 14 for girls. The old limit was retained for employment other than in factories, e.g. in handicrafts and in shops. The age of minors employed in mines or quarries was advanced from 14 to 15 years. In addition, the hours of employment of young persons were more completely regulated than formerly.

Spain.-By an Act dated July 1912, the employment of women during the night-time in factories or workshops is declared to be illegal in Spain. “Night-time,” within the meaning of the Act, covers a period of not less than 11 consecutive hours, in which must be comprised the time between 9 P.M. and 5 A.M. The foregoing prohibition does not apply (a) in cases of force majeure, (b) in agricultural enterprises, or in trades in which perishable materials are used, provided, as regards the latter, that their loss cannot be avoided without resort to night-work. By a royal decree dated April 1919, work is forbidden in bakehouses, factories and other places where bread is made for a period of 6 consecutive hours in each 24, which period must fall between 8 P.M. and 5 A.M.

Austria.-A new law of Dec. 1911 amended the law of 1884 in respect to the employment of women and children in mines. By a law of Feb. 1911, the employment of women and girls between the hours of 8 P.M. and 5 A.M. is prohibited in any industrial establishment in Austria in which more than 10 workpeople are employed (in the case of raw sugar factories, the law was not to come into operation till 1915). Furthermore, every woman or girl must be granted not less than II consecutive hours of rest at night. If, however, work is done in shifts of not more than 8 hours, this 11-hour rest period may commence at 10 P.M. in the case of women over 16 years of age. Special provision is made for unforeseen circumstances, seasonal trades and trades where raw materials are subject to rapid deterioration. It was reported in 1919 that a new Act containing similar provisions, and including also young persons, came into force in German Austria as from June of that year.

Japan.-A new factory law was passed in Japan in 1911, whereby the minimum age of employment in factories is 12 years. The administrative authorities may sanction the employment of minors between 10 and 12 years of age when the work is not too exacting, at the same time imposing conditions as to such employment. Lads under 15 and females must not be employed for more than 12 hours per day. For a period of 15 years from the date of the enforcement of the law the minister concerned may, however, permit the extension of the working hours, according to the class of work, but not beyond the limit of 14 hours per day. These two categories of workers are not to be employed between 10 P.M. and 4 A.M., except in special circumstances and upon special work to be determined by the competent minister. Where the operatives are employed in two or more shifts these restrictions as to night-work will not be enforced during 15 years from the date on which the law enters into force. The law, which was put into force in Sept. 1916, is recognized as a tentative piece of legislation, and its practical effect has been inconsiderable. As a result of the deliberations of the International Labour Conference at Washington, in the autumn of 1919, referred to above, the provisions of this measure were to be amended as regards working hours and employment at night.

Minimum Wage.-An important development in recent labour legislation outside England has been that for the fixing of statutorily enforceable minimum rates of wages, in certain cases for home-workers only.

British Overseas Dominions.-Minimum-wage legislation began with the New Zealand Act of 1894; primarily the laws had for their purpose the settlement of trade disputes involving strikes and lockouts. The legislation enacted in Victoria in 1896 was based upon an entirely different reason; the Victoria Wages Board law was directed against the evils of sweating, particularly of the home-workers. This type of legislation was followed by the Governments of several of the other Australian states. Up to 1921 seven out of the nine provinces of Canada had adopted the principle of the provision of a minimum wage for working women. The laws passed are all of very recent date, the earliest step in this direction being taken in 1917, when Alberta inserted a clause in the Factories Act of that year, establishing a flat-rate minimum wage for all employees covered by the Act, with a lower rate for apprentices. In 1918 the first minimum-wage laws for women only were passed by Manitoba and British Columbia, followed in 1919 by Quebec and Saskatchewan, and in 1920 by Nova Scotia and Ontario. In 1920, also, Alberta amended its law with special reference to women. The two remaining provinces, New Brunswick and Prince Edward Island, have as yet (1921) taken no action in the matter. The application of the law is more or less restricted in all the provinces. In five provinces the minimum-wage laws deal also with hours of labour, while in three the 48-hour week has been fixed for one or more industries under the regulations for the execution of the Acts; British Columbia recognizes this standard in all trades. In all provinces except Alberta special provision is made for handicapped workers. In South Africa a bill was recently introduced for the creation of local joint boards to fix minimum wages in particular trades.

France.-The principle of a minimum wage was adopted in France by the enactment of a law in July 1915, which provides for special boards to fix such a wage for women employed in home-work in the clothing industry.

Switzerland.-Minimum rates were introduced in the embroidery industry in Switzerland by a decree of the Federal Council of March 1917. In June 1919 the Federal Assembly promulgated an Act for the establishment of: (1) a Federal Labour Department; (2) a Federal Wage Commission; (3) Federal Wage Boards. Subsequent to the passing of the measure a demand was made that it should be submitted to the Referendum, which resulted in a narrow majority for rejecting the measure.

Norway.-A law dated Feb. 1918 provided for the establishment of trade boards for certain industries in Norway. The provisions of the Act relative to the fixing of minimum wages applied primarily to outwork in industries engaged in the manufacture of clothing and articles of needlework generally; the application of the law may be extended to other occupations in which outworkers are employed.

Sweden.-A bill has been prepared by the Government in Sweden for the regulation of wages and working conditions of home-workers; the provisions include power to appoint trade boards on the English model for any occupation and district.

Czechoslovakia.-A law on home-work, modelled on the Austrian law of Jan. 1919, was passed by the National Assembly of Czechoslovakia at the end of 1919, and provides for the fixing of minimum wages for home-workers.

Unemployment Insurance

Before the World War, little had been done outside England in the way of the compulsory insurance of the working-classes against unemployment. Schemes have for some time been established in a number of European countries whereby voluntary funds managed by trade unions and other societies, and compulsory or voluntary municipal funds providing unemployment benefit, receive subsidies from the State, provincial council, or municipality. Unemployment resulting from strikes and lockouts, and also from sickness and accident where the provision exists, is excluded. As a rule, the receipt of benefit is further dependent upon a qualifying term of membership and of local residence. A maximum duration of benefit is invariably fixed, and it is usual to impose a short “waiting time” during which no benefit can be obtained. Subsidized schemes of unemployment benefit are usually worked in conjunction with labour registries.

Switzerland.-The earliest experiments of this kind were made in Switzerland, where the municipality of Berne organized a fund in 1873, and other Swiss municipalities also subsequently introduced schemes. Recent developments in Switzerland are that, between Aug. 5 1918 and April 5. 1919, five decrees of an emergency character were issued by the Swiss Federal Council regulating the grant of assistance to unemployed workers. Two of these related to unemployment in private industry arising out of war conditions, the third to unemployment among workers employed by the Federal Government, the fourth to unemployment of Swiss subjects returning from abroad, while the fifth laid down conditions for the relief of all workers not covered by the preceding measures. These were repealed and revised by a single decree dated Oct. 1919, which is to be regarded as a provisional measure to be replaced ultimately by an Unemployment Insurance law. Assistance is granted both for whole and for partial unemployment, subject to the fulfilment of conditions laid down in the decree.

France.-In France many trade-union unemployment funds are subsidized by the State, the departments and the communes. The towns were the first to take action (as early as 1896), while the first departments acted in 1903. Under a law of April 1905, a certain credit is earmarked in the French budget for the purpose of public subsidies for unemployment benefit funds. A decree dated Oct. 1919 amended previous decrees relating to State subsidies to municipal and departmental relief funds.

Belgium.-Assisted provision against unemployment has been in operation in Belgium since 1901, subsidies being granted from special municipal unemployment funds to trade unions and other organizations paying unemployed benefit. Several of the provincial councils subsidize trade union and communal unemployment funds, and since 1907 the State has made small grants both towards the establishment of funds and in direct relief of unemployed members.

Italy.-In Italy assisted unemployment benefit schemes were introduced in a few towns. A decree of April 1916 authorized periodical subsidies to be granted or lent as a war measure to various organizations providing unemployment benefits for their members. A system of compulsory insurance against involuntary unemployment in Italy came into force on Jan. 1 1920.

Germany.-In Germany a voluntary unemployment fund, with a municipal subsidy, was introduced in Cologne in 1896, and certain other German municipalities also introduced schemes. Immediately after the signing of the Armistice, the German Government issued an order regulating the payment of unemployment donations. Under the order the communal authorities were required to pay out-of-work benefit to residents who were out of employment. Persons receiving out-of-work pay were required to take up work other than their usual employment, and at a distance from their place of abode, but no penalty was incurred in the event of refusal. Various abuses were soon found to exist, and amending orders have been made.

Other European Countries.-The “Ghent” system of assisting trade unions which maintain unemployment funds has been introduced in a number of the larger towns in Holland since 1906. In Norway a law offering State subsidies to unemployment benefit funds complying with certain conditions was passed in June 1906 and amended in July 1908, simultaneously with another law establishing labour registries. State assistance to recognized unemployment benefit societies in Denmark was first granted under a law dated April 1907. A law of April 1914 increased the amount of the State subsidy to such societies and made other amendments; it has been revised in certain particulars by a law dated Jan. 1920. In 1919, a royal decree in Spain was issued under which the State was to grant a subsidy equal to the amount of the subscriptions collected from their members by workmen’s mutual unemployment benefit societies and similar institutions which have a separate organization for dealing with unemployment. The new Unemployment Insurance Act of Austria, dated March 1920, supersedes a temporary measure on the same subject. A change in the unemployment relief system had become necessary in order to relieve the State of its heavy financial burden, and because of the steady fall in the number of unemployed. As regards Poland, the official Gazette of Nov. 1919 announced arrangements in aid of the unemployed pending the passing of a law dealing with this subject. Able-bodied workers of either sex, in trade, comment or transport, who, through no fault of their own, are out of work are entitled to State assistance.

Old Age and Infirmity Insurance

Compulsory insurance of the working-classes against old age and infirmity has existed in some countries for a number of years, e.g. Germany since 1889, France since 1910, etc. Certain other countries have also for some time applied this principle to special classes, as, for example, Austria, Hungary and Belgium to miners; while State or other public subsidies have been granted in aid of voluntary insurance or savings it, France, Belgium, Denmark, Italy and Spain. The more recent developments have been as follows:-

France.-The French Finance Act, 1912, amended in certain respects the provisions of the law of April 1910 relating to compulsory insurance against old age and infirmity, the principal amendments being that, while in the law as originally passed the State added to the annuity purchased by the insured person £2 8s. per annum on his attaining the age of 65, the new law raised the State addition to £4 per annum, and provided for its payment from the age of 60. The Act of June 1894, in which the principle of compulsory insurance against infirmity and old age was applied to French miners, was amended in Feb. 1914, as to the State contribution, the administration of the funds, etc. Further amendments were introduced by a law passed in March 1920, the main provisions of this new law being the allocation of higher subventions towards the pensions granted to miners or their widows.

Belgium.-A law of June 1911 prescribed that all workpeople employed in coal-mining in Belgium must be insured in the National Superannuation Fund. A law dated May 1912 has for its object the promotion by State subsidies of recognized associations and friendly societies who grant benefits to their members suffering from illnesses of a chronic nature or from premature infirmity. It is stated that a general old age pension law is contemplated.

Italy.-In conformity with a law promulgated in Italy in June 1913, a Seamen’s Old Age and Infirmity Fund was formed by the amalgamation of existing institutions having similar objects. As regards ships’ crews, the principle of compulsory contributions was already in operation under a law of July 1861, but the obligation imposed by the later law upon shipowners introduced a new principle in Italian legislation on this subject. As from Jan. 1 1920, a scheme was introduced in Italy under which insurance against disability, resulting either from sickness or accident, and old age became obligatory (with certain specified exceptions) on (1) all Italian subjects of both sexes between the ages of 15 and 65 working for an employer in any industry, trade or profession, agriculture and the public services, or occupied in domestic service or in any private employment, and (2) foreigners working at the same occupations who, however, receive full benefits only if reciprocal treatment is granted to Italians employed in their countries.

In Germany an Imperial law of June 1916 reduced the age of eligibility for an old age pension from 70 to 65; laws of Dec. 1919 extended compulsory insurance against infirmity and old age to certain new classes of workpeople.

In Holland provision was made for the institution of national schemes for compulsory insurance against sickness, infirmity and old age by a series of three Acts dated June 1913.

In Sweden a law dated June 1913 introduced a national scheme of compulsory insurance against old age and infirmity.

In Spain provision for the creation of deferred life annuities on a contributory and State-aided basis was made by the law of Feb. 1908. This Act, however, was of a permissive nature. A royal decree was issued in March 1919, making insurance against old age compulsory for all wage-earners between the ages of 16 and 65 whose total annual income does not exceed £160.

Sickness and Accident Insurance

Compulsory insurance against sickness and accident has been applied in a number of countries, for example in Germany (1883), Austria (1888), Hungary (1891), United Kingdom (1911), etc., but the range of occupations covered by the various schemes varies considerably. In a number of other countries (e.g. Sweden) the sick funds recognized by the State receive State subsidies. The principal developments in recent years are as follows:

Italy.-Legislation in respect of compulsory accident insurance in Italy dates from 1898; a consolidated text was promulgated in Jan. 1904 embodying all the amendments up to that date. For the most part agricultural workers in Italy were excluded, but, by a decree of Aug. 1917, the principle of compulsory insurance against accidents was extended to agricultural workers generally. Reference has been made above to the general scheme for compulsory insurance against sickness or accident and old age, introduced in Italy as from the beginning of 1920.

Switzerland.-A new law in Switzerland on insurance against sickness and accidents, passed in June 1911, was accepted by National Referendum in Feb. 1912. The sickness insurance scheme is a system of Federal State grants to recognized sick funds conducted on a mutual basis. Generally the insurance is voluntary, but the cantonal governments may, subject to the approval of the Federal Government, (a) declare it obligatory either for all persons or for certain specified classes; (b) establish public sick funds, while having due regard to funds already in existence; and (c) compel the employers to see that the premiums of their employees compulsorily insured in such public funds are paid. (The power to compel the employers themselves to contribute is, however, expressly withheld from the cantons.) These powers may be delegated by the cantonal governments to their communes. Under the second part of the law provision is made for a system of compulsory insurance against accidents, which, in certain respects, involves a notable departure as compared with schemes of compulsory accident insurance hitherto enacted in other countries. In the first place, the principle of compulsion is not confined to “occupational” but also extends to “non-occupational” accidents. In the second place, the State defrays part of the premiums for insurance, and it does so not only for those coming under the compulsory provisions of the law, but also for those voluntarily insured through the National Insurance Fund which the Act sets up. Those for whom the law declares insurance against accidents, whether “occupational” or not, to be obligatory, comprise all persons employed in Switzerland for a wage or salary in factories, workshops, mines, building, and transport by land or water (including the postal service).

Workmen’s Compensation

Compensation for industrial accidents was established in Germany in 1884, in Austria in 1887, and Norway followed in 1894. The development of legislation providing for workmen’s compensation for industrial accidents in Europe and throughout the world has been extremely rapid. Recent legislation (whether of compensation or insurance) recognizes the principles of compensation as distinguished from fhe older idea of employers’ liability.

For Arbitration and Conciliation in labour disputes, see the article under that heading.

History of Labor Legislation in other Countries

For more information about the history of labor laws in the United Kingdom, see History of Labor Legislation in the United Kingdom, in the United States, see History of Labor Legislation in the United States and, for an overview of labour legislation in general, see Labor Legislation

History of Labor Legislation

History of Labor Legislation

Introduction

History of Labor Legislation from 1910

Eight-hour Day

Hours of Women and Children

Unemployment Insurance

Old Age and Infirmity Insurance

Sickness and Accident Insurance

Workmen’s Compensation

History of Labor Legislation in other Countries

See Also

Further Reading

Mentioned in these Entries

Comments

Leave a Reply Cancel reply