Exceptions to protection of holidays.
These exceptions are so regulated that in certain industries holiday work is indeed permitted but compensation is supplied by granting rest on working days. The exceptions provided for by the Berlin Conference have already been given. The von Berlepsch Bill admits, if anything, too many exceptions. The Auer Motion permits holiday work in traffic business, in hotels and beer houses, in public places of refreshment and amusement, and in such industries as demand uninterrupted labour; an unbroken period of rest for 36 hours in the week is granted in compensation to such workers as are employed on Sunday.
Switzerland wishes to give compensation in protection of holidays in railway, steamship and postal service, by granting free time alternately on week days and Sundays, so that each man shall have 52 free days yearly, of which 17 shall be Sundays.
Exceptions to prohibition of night work.
The Imp. Ind. Code Amendment Bill (§ 139a, 2, 3) admits ordinary and extraordinary exceptions. The Auer Motion does not entirely exclude such exceptions, as it provides exceptions in traffic business and such industries as “from their nature require night work.” We cannot here enter into details as to the rules on the limitations of exceptions, and as to the enforcement of those rules.
Exceptions to the maximum working-day.
Overtime: Extraordinary exceptions to an enforced maximum working-day consist in permission of overtime; ordinary exceptions consist in the employment of children, women and men, in certain kinds of business, for a longer time than is usual (see [Chapter V.]).
The von Berlepsch Bill assumes a very cautious attitude in the matter of overtime. Extraordinary exceptions in the case of pressure of business are provided for as follows: “In cases of unusual pressure of work the lower courts of administration may, on appeal of the employers, permit, during a period of 14 days, the employment of women above the age of 16 years until 10 o’clock in the evening on every week-day, except Saturday, provided that the daily time of work does not exceed 13 hours. Permission to do this may not be granted to any employer for more than 40 days in the calendar year. The appeal shall be made in writing, and shall set forth the grounds on which the permission is demanded, the number of female workers to be employed, the amount of work to be done, and the space of time required. The decision on the appeal shall be given in writing. On refusal of permission the grievance may be brought before a superior court. In cases in which permission is granted, the lower court of administration shall draw up a specification in which the name of the employer and a copy of the statements contained in the written appeal shall be entered.”
The Auer Motion sets the narrowest limits to admission of overtime, permitting it only in case of interruption of work through natural (elemental) accidents, and then only permitting it for 2 hours at the most for 3 weeks, and only with consent of the “labour-board.”
Both in regulation and administration all these exceptions to protective legislation should be dealt with in a very guarded manner. Moreover they must be enforced on a uniform and widely diffused system, and they ought to afford a real protection to the fair and just employer against his more unscrupulous competitors.