The entire general prohibition of all industrial night work would go beyond the limits of practical necessity, and the State would have no means of enforcing such a general prohibition.
Exceptions to the prohibition of night work are unavoidable, even in factory and quasi-factory business (cf. [Chap. VII.]).
The number of women and children employed in night work is not great. It might, however, become greater through the introduction of electric lighting in Germany. Protection of night rest for women and children is, therefore, as practically necessary as ever.
The actual condition of Labour Protection in regard to night work, and the efforts and tendencies to be discerned in reference to it at the present time, are as follows. The resolutions of the Berlin Conference demand the cessation of night work (and Sunday work) for children under 14, also for young persons, of 14 to 16 years and for women workers under 21 years of age.
The von Berlepsch Bill (§ 137i) altogether excludes night work for women in factory (§ 154) and quasi-factory business.
Of course exceptions may be permitted by order of the Bundesrath (Federal Council). The power of the Bundesrath to grant exceptions is very general and unrestricted (§ 139a, 2). “The employment of women over 16 years of age in night work in certain branches of manufacturing industry in which such employment has hitherto been customary, shall be permitted subject to certain conditions demanded by health and morality.”
The Auer Motion demands the exclusion of all women and young persons from “regular” night work.
3. Protection of holidays.
Protection of daily intervals secures the necessary intermission of work during the day. Protection of night rest guarantees the necessary and natural chief interval within every astronomical day. Protection of holidays makes provision for the no less needed ordinary and extraordinary intermission of work during entire days, Sundays, and festivals.
Strictly speaking, protection of holidays has long existed. The Church exercised a powerful influence in this respect over legislation and popular custom. Labour protection only seeks to restore this protection in its entirety (and as far as possible in its former extent—hence not merely in factory and quasi-factory business) in the State of to-day, which is practically severed from the controlling influence of the Church. Holidays are a general necessity; not merely a necessity for young persons, not merely in factory and quasi-factory industries, but in all industries.