The Theory and Policy of Labour Protection

by A. Schäffle; etc. statutes Germany. Laws

Further extension beyond the two weeks, or for more than forty days in the year, can only be granted by the higher court of administration, and by it, only on condition that in the business or in the department of business in question, the total average number of hours per day, calculated over the whole year does not exceed the legal limit.

Application shall be made in writing, and must set forth the grounds on which such extension is requested, the number of women workers affected, the amount of employment, and the length of time required.

The decision of the lower court of administration on the application shall be given in writing within three days. Appeal against refusal of permission may be lodged with the superior court.

In cases where the extension is granted the lower court of administration shall draw up a schedule, in which shall be entered the name of the employer, and a copy of the statements contained in the written application.

The lower court of administration may permit the employment of such women workers being over 16 years of age, as have not the care of a household, and do not attend an educational school, in the kinds of work specified in § 105 (1), 2 and 3, on Saturdays and the eve of festivals, after 5.30 p.m., but not after 8.30 p.m.

The permit shall be in writing, and shall be kept by the employer.

§ 139.

If natural causes or accidents shall have interrupted the business of a factory, exceptions to the restrictions laid down in §§ 135 (2), (3), 136, 137 (1) to (3), may be granted by the higher court of administration, for a period of four weeks, and for a longer time by the Imperial Chancellor. In urgent cases of such a kind, and also where necessary, in order to guard against accidents, exceptions may be granted by the lower court of administration, but only for a period of fourteen days.

If the nature of the business, or special considerations attaching to workers in particular factories, seem to render it desirable that the working time of women and young workers should be regulated otherwise than as laid down by §§ 136 and 137 (1), (3), special regulations may be permitted on application, by the higher court of administration, in the matter of intervals, in other matters by the Imperial Chancellor. But in such cases young workers shall not be employed for longer than six hours, unless intervals are granted between the hours of work, of an aggregate duration of at least one hour.