The Theory and Policy of Labour Protection

Lastly, in accurately defining the meaning of the term we must not overlook the fact that neither in respect to aim nor to operation the maximum working-day is confined to the question of mere Labour Protection. It has no exclusively protective significance.

It is true that the hygienic factory day, the factory day for women and juvenile workers, and the factory day for men, are wholly or mainly maximum working-days appointed for purposes of State protection, but the maximum working-day may also serve to other ends apart from or in addition to this. In the general eight hours day, for instance, the economic aspect is of equal importance with the protective aspect of the question. Under the socialistic system of national industry, where there would no longer be any question of protection in service-relations, the maximum working-day, together with the possibly more important minimum working-day, directed against the idle, would serve to other important ends; it would, for instance, give more leisure for the so-called general mental cultivation of the people and would prevent new inequalities.

We will consider in the first place the purely protective aspect of the maximum working-day of the present, then the mixed protective and economic aspect of the general maximum working-day.

2. The maximum working-days of protective legislation: the hygienic working-day, the working-day of women and children, the extended factory working-day

And first the hygienic working-day.

This is imposed on certain occupations and businesses on account of the dangers to health arising out of the work, and on account of the strength required in the work.

It is no longer opposed by any party. It is fully dealt with in the von Berlepsch Bill in the above-mentioned provision of the penultimate paragraph of § 120a.

By the insertion of this provision in Section I. of Chapter VII. of the Imperial Industrial Code, the hygienic maximum working-day may be extended by order of the Bundesrath (Federal Council) over the whole sphere of industrial labour, not merely of factory and quasi-factory labour. The Berlin Conference (resolutions 1, 2) demands the hygienic maximum working-day for mining industries.

It is hardly necessary to prove that the hygienic maximum working-day cannot be obtained merely by the efforts of the workers in self-protection or by the general good-will of the united employers, without general enforcement by enactment or regulation. Some employers are unwilling even to maintain the shortening of the normal working-day necessary to health, others who would be willing are prevented by competition so long as the hygienic working-day is not enforced generally and uniformly by enactment or regulation throughout that particular branch of industry. The extension of the hygienic maximum working-day to all occupations dangerous to health throughout the whole sphere of industrial labour, is justified as a necessary measure of Labour Protection.

No nation will suffer in the long run from the full extension of the hygienic working-day. It is probable that the governments will advance side by side in this direction.

The factory working-day for women and juvenile workers

This has long been enforced. The distress which brought it under the notice of the English legislature has justified it for all time. It is now scarcely contested.

Without special intervention of the State, the considerate employer is not able to grant the ten hours limit, even to women and juvenile workers, on account of his unscrupulous competitors.

Its enforcement with the help of a factory list offers no difficulties.

The grounds for demanding a maximum working-day for juvenile workers are so evident that they need not here be indicated. We may, however, remark in passing that this working-day is economically of no great importance in view of the small number of juvenile workers. In the year 1888, Germany employed in factory and quasi-factory labour 22,913 children (14,730 boys, 8,175 girls) 169,252 young persons (109,788 males, 59,464 females); children and young persons together making a total of 192,165 (124,526 males, 67,639 females). The textile industries alone engaged 17.8 per cent. of the male, and 47 per cent. of the female child-labour, that being the industry which also employs the largest number of female workers.

The maximum working-day for female labour is necessary for all women workers and not merely for married women, and in England it has long been enforced. In the case of girls, work for eleven or twelve hours is highly undesirable from the point of view of family life. “Experience proves,” says a Prussian inspector, “that girls so employed never become good housewives, and that women so employed can never fulfil their maternal duties, and on this account many well-meaning employers will not employ married women after the birth of the first child. The evil result of this appears more plainly the greater the number of women workers; and its bad influence on married life and on the education of children in workmen’s families is very evident and makes itself felt in other spheres of life. Isolated schools of housewifery and working-women’s homes are insufficient to meet the evil, especially as the extension of textile industries and therewith the increase in the number of women employed has by no means reached its highest point.” The more impossible it is to dispense entirely with female labour, the more imperative does it appear to secure to all women workers, at least, the maximum working-day, at best the 10 hours working-day (with 6 hours on Saturday) long enforced in England.

The factory day of 6 hours for children and 10 hours for young persons has already been enforced by the Industrial Regulations in Germany. Its extension to all female workers is one of the most important steps proposed by the von Berlepsch Bill. At present the proposal is for an 11 hours day, but the Reichstag Commission ought to succeed in placing the limit at 10 hours.⁸

The Resolutions of the Berlin Conference fix the time at 6 to 10 hours for juvenile workers, and 11 hours for all female workers (III. 6, IV. 2, and V. 2). They further demand that the “protection of a maximum working-day shall be granted to all young men between the ages of 16 and 18.”

The working-day for women and juvenile workers has hitherto been essentially a factory and quasi-factory maximum working day (cf. Bill, § 154). England has, however, in the Shop Hours Regulation Act of June 25, 1886, extended protection to sale-rooms, of course only in favour of juvenile workers, but with strict directions as to outside work. This working-day in commercial business, amounts on an average to 12 hours in the day (74 in the week, inclusive of meal-times). If the protected person has already in the same day performed 10 hours of factory or workshop labour, only 12 hours less 10 of shopwork are permitted; when the time occupied in outside work amounts to the full workshop and factory maximum working-day, additional occupation in the shop is prohibited. The Act does not apply to those shops in which the only persons employed are members of the family dwelling in the house or are family connexions of the employer. Such intervention in respect of household industry has already been begun but has not yet gone very far.

The general extension of the maximum working-day for women and juvenile workers to all industries, including family industries, has been demanded,⁹ but is as yet nowhere enforced.

The specially short working-day for children necessitates alternating shifts, as child labour, as a rule, is inseparably connected with other work. English protective legislation directs in this case that children (from 10 to 14 years) may be employed in one and the same place only for half a day, either for the morning or the afternoon, or else on every alternate day, for the full day; and the order of working-days must be changed every week; in daily (half-day) employment, the actual working time (without intervals of rest) amounts to 6 hours daily, and 30 to 36 hours weekly, in other cases 10 hours daily and 30 hours weekly.

The factory working-day (in the strict sense): factory working-day for adult males

The extension of protection of hours of labour to adults in factory and quasi-factory labour, by the so-called factory working-day (in the strict sense) has already begun to make way in some countries.

In France it was enforced as long ago as by the Act of Sept. 9, 1848 (Art. I.), in which the limit was still fixed at 12 hours; in Switzerland the limit was fixed at 11 hours by Art. II. of the Confederate Factory Act of 1877; and in Austria by the Act of Mar. 8, 1885. Other countries have not hitherto adopted it. Great Britain and other countries still hesitate to interfere in this way with the freedom of contract for adults. Switzerland, on the other hand, is ready to reduce the hours from 11 to 10, but whether Austria is prepared to do so much is doubtful.

Germany also in the von Berlepsch Bill has entered a protest against the extreme length of the factory working-day. Here the course has been strongly urged, sometimes of adopting an 11 hours, sometimes a 10 hours day, meaning always the time of actual work, without reckoning intervals of rest. In the discussion on the Imperial Industrial Regulations of 1869, Brauchitsch demanded a 12 hours factory day from the Conservative benches, and Schweitzer for all large industries a 10 hours day (i. e. a 12 hours day, with intervals of rest amounting to not less than 2 hours).

The necessity for the limitation of the working-day of male adult labourers to 11 or 10 hours, rests partly upon the same grounds as that of the working-day for women and young persons. Hours of leisure, besides the hours of night rest, are a necessity for men also, in order that they may be able to live really human lives. Above all they ought to be able to devote a few hours every day to their family, to social intercourse, self-culture, and their duties as citizens. The economic expediency of the restriction of working hours has been proved by experience. The amount of work executed in the factories has been in no way lessened by the adoption of the 10 hours day for women and children, and moreover in England, wherever the 10 and 11 hours day for men has been adopted without legal enactment, it has proved to be a beneficial measure; this has also been the case in the Alsatian cotton factories.¹⁰ The factory inspectors in Switzerland unanimously report the favourable effect of the 11 hours day on the amount of work executed; and the same thing on the whole may be asserted of Austria.

In Switzerland the proposal that permission for overtime work should be obtainable from the magistrates was several times rejected, “because the employers soon perceived that the increased production scarcely covered the increased expense of light and heating, and that the work was carried on with less energy on the days following overtime work than when the 11 hours day was adhered to.” It is evident that there the 11 hours day is not considered too short. In general the employers in Switzerland very soon declared themselves satisfied with the 11 hours day; the workmen consider it a great benefit, and it has not led to the greater frequenting of public-houses. The adoption of a maximum working-day in Switzerland has put a stop to the practice on the part of manufacturers of taking away their competitor’s orders and executing them by means of overtime work, so that amongst industrial managers also, the tide is beginning to turn against too frequent indulgence in overtime work.

In Saxony even, an examination into the advantages of the maximum working-day shows “that the manufacturers themselves” (see General Report for 1888 of the district inspector at Zwickau), “are opposed to the long protraction of hours of labour; but every employer hesitates to be the first to shorten the hours, fearing lest he should find too few imitators, and be thereby thrown out of competition.” The legal factory working-day removes this fear.

Of course we have no experience to show that the further shortening of the day to less than 10 hours would allow of the execution of as much or more work than has hitherto been executed in more than 10 or 11 hours. There is a limit to the possible increase of efficiency in machines and in hand-labour, and in the two together. Labour Protection has neither the intention nor the right to prohibit any labour that is not too long to be physically and morally permissible.

At present there seems no necessity from the protective point of view for more than an 11 or 12 hours day as a rule, with special hygienic working-days of less than 10 hours, together with unrestricted freedom of contract in regulating the hours of work below this limit.

Above the limit of 10 or 11 hours the lengthening of labour time seems to diminish rather than to increase its aggregate productivity, and this explains why the 11 and 10 hours day, without any intervention from the State, has been so generally and successfully adopted by custom and contract. It is the general experience, as the Düsseldorf inspector notes in his report, that “those works in which the smallest amount of labour is performed, have as a rule the longest hours of labour; all attempts to increase the amount of labour at favourable periods of the market, by offering higher wages, whilst at the same time maintaining the long hours, have only attained a short-lived success, or have altogether failed; the same result is produced when in certain occupations the usually short hours of labour are prolonged in order to profit by the opportunity of a good market; it is only for the first few days that the increase in the amount of work executed corresponds to the increase in the hours of work, and the old level is quickly resumed; on the other hand, it is frequently affirmed by the managers that the capacity for work of our labourers is in no wise inferior to that of the English.”¹¹

The legal 11 or 10 hours day would not be justified if custom and freedom of contract were sufficient to adjust the true proportions of working time. This however is not the case, and the legal working-day is therefore necessary in order to supplement the work of free self-protection.

With regard to the voluntary adjustment of the duration of the working-day, we find that the 10 and 11 hours day already prevails in a large proportion of the German industries: as in Bremen, whence according to the factory report, only 33.8 per cent. of the adult labourers work beyond 10 hours, and only 3.8 per cent. beyond 11 hours, and in Berlin, where in 3,070 firms, 71,465 male labourers work for 10 hours and less; and the same is reported by other district inspectors. But side by side with this we find a longer and frequently a decidedly too long working-day, and nowhere does every firm adhere to the 10 or 11 hours day. Even in the Lower Rhine Provinces the 12 hours working-day is in force in the smelting houses (Hitze). In Saxony the same number of hours obtains, as a rule, in textile industries, although many manufacturers would prefer the 10 hours day, if all competitors would adopt it. In Bavaria and Baden the 11 to 12 hours working-day prevails widely. In certain separate kinds of work, as in mills and brick kilns, the working hours are even longer.

The advisability of fixing the legal factory day at 10 or 11 hours is not to be disputed. It is just where the 10 or 11 hours day has not been secured by custom that, as a rule, the workmen and such managers as are willing are least in a position to extort it by way of self-help from other competing employers. And where custom has already led to the general adoption of the 10 to 11 hours working-day, it seems quite permissible to enforce it on such firms as have not adopted it.

It is no sufficient argument against the introduction of the extended compulsory factory working-day, to say that the adoption of the working-day for women and young persons would necessarily entail the adoption of the working-day for men without recourse to legal enforcement, since men could not be employed beyond the specified number of hours, while this was forbidden in the case of women and young persons employed in the same business. As a matter of fact, the larger proportion of trades are carried on entirely, or mainly, by male workers, though there may be a certain amount of purely accessory work performed by women and young persons. Hence the adoption of the limited factory working-day (i. e. for women and children) by no means necessarily or uniformly entails its general adoption. Even in England this has not been the case generally, and although we find that the maximum working-day for men very largely obtains without legal enactment, this has not been the result of the adoption of the legal working-day for women and juvenile workers, but has been won by the healthy struggle of the trades’ unions for the maximum working-day fixed by contract.

Now the question arises whether the 11 or the 12 hours day is to be chosen, and whether the adoption of the factory working-day should be proceeded with in Germany without its being adopted at the same time by England and Belgium.

Several of the German States have recently introduced the 10 hours working-day in their government works. This would point to a preference for the 10 hours day. The proposal made by Switzerland at the Conference for the adoption of this lower limit rests partly on the ground of its agreement with the duration of the 10 hours day for women and juvenile workers.

But here some caution is necessary. Private enterprise is not so free from the dangers of competition as government enterprise; whilst Germany might very well do with the 11 hours day since Switzerland and Austria have been able to introduce it without harmful results.

The adoption of the compulsory 10 hours day might be ventured on without hesitation, if once we had accurate international statistics as to whether the different countries have already adopted the 10 hours day; and, if so, for which branches of industry. We should then be able to see the extent of the risk as a whole and in detail. Was not this very matter, the ascertainment of the customary maximum duration of working hours in separate branches of industry, pointed to as of immediate importance in the resolutions agreed to at the Berlin Conference on the drawing up of international statistics on Labour Protection? The general adoption of the 10 hours day would certainly be hastened by these means. Each country would then be sure of its ground in taking separate proceedings.

German labour protective policy cannot be reproached with want of caution, seeing that it has made no demand in the von Berlepsch Bill for the extended factory day, but only for an 11 hours working-day for women.

Lastly, the question arises whether the maximum working-day under consideration can, or shall, be extended beyond factory and quasi-factory labour. Such extension has not as yet taken place.

Should such extension ensue, the limits of duration could hardly be fixed so low for intermittent work, and for less laborious work (both are found in trading industry and in traffic and transport business), as for factory labour and the business of workshops where power machinery is used. England, which is apparently the only country which regulates the hours of young persons even in trade, has adopted for them a 12 hours working-day.

Further examination plainly shows that a simple uniform regulation would be impossible in view of the extraordinary variety of non-continuous and non-industrial occupations and handicrafts.

But in general it cannot be disputed that the need for regulation may also exist in trading and in handicrafts, e. g. in bakeries (not machine-worked) no less than in household industry. Here we often find that the working hours are of longer duration than in factories and workshops. In Berlin, figures have been obtained showing the percentage of firms in which the working-day is more than 11 hours; and the percentage of female and of male workers employed for more than 11 hours.

The necessity for extending protection beyond the factories cannot be lightly set aside; in trade, excessive hours of labour are exacted from workers not belonging to the family, and in continuous and intermittent employments, and in household industry they are probably exacted from the relatives. The same thing occurs in handicrafts. It is not impossible for the matter to be taken in hand; but at present it meets with many difficulties and much opposition. Only the factory and quasi-factory maximum working-day for adults belong to the immediate present.

3. The maximum working-day of protective policy and of wage policy; general maximum working-day; eight hours movement

The general maximum working-day of 8 hours, as demanded since May 1st, 1890, rests admittedly on grounds, not merely of protective policy, but also of wage-policy.

In so far as it is demanded on grounds of protective policy, it would call for little remark. The only question would be, whether on grounds of protective policy the maximum working-day is an equal necessity for all industrial work, and whether this necessity must really be met by fixing 8 hours, and not 11 or 10 hours, as the limits of daily work, a question which, in my opinion, can only be answered in the negative.

The new and special feature which comes to the fore in the demand for the general eight hours day, is the impress which (its advocates claim) will be made by it on the wages question, and this in the interests of the wage-labourer. The universality and the shortness of the maximum working-day would lead, they say, to an artificial diminution of the product of labour.

This second side of the question of the eight hours day, which touches on wages, does not properly speaking come within the scope of a treatise on the Theory and Policy of Labour Protection. We must not, however, omit it here, for the demand for such a working-day is very seriously confused in the public mind with the purely protective maximum working-day, whereas the two must be clearly distinguished from each other. By discussing and examining the general eight hours day, it must be shown how important an advance it is upon the factory 10 hours day; and it must be shown that the favour with which the factory 10 hours day is to be regarded on grounds of protective policy, need not extend necessarily to the general eight hours day; the one may be supported, the other rejected; protective policy is pledged to the one, but not to the other. From this standpoint we enter upon a consideration of the eight hours day.

The demand is formulated in the most comprehensive manner in the Auer Motion. What is it, according to this demand, that strictly speaking constitutes the general eight hours day, implying two other “eights,” eight hours sleep and eight hours recreation? If we are not mistaken in the interpretation of the wording of the demand already given, the “general working-day” means eight hours work for the whole body of industrial wage-labour, admitting of specially regulated extension to agricultural industry and forestry.

The Motion demands the eight hours time uniformly for all civilised nations; without regard to the degrees of severity of different occupations, and the degrees of working energy shown by different nationalities; and without permission of overtime in the case of extraordinary – either regular (seasonal) or irregular – pressure of work.

The Motion demands the eight hours maximum duration without regard to the question whether the performance of labour is continuous or not, hence without exclusion of the intermittent employments which are specially difficult of control.

Moreover, in all probability, the mere preparatory work, which plays so important a part in industrial service, in trade, and in the business of traffic and transport, will be dealt with in the same manner as continuous effective labour. At least we find no indication of the manner in which preparatory work is to be dealt with as distinguished from effective labour.

It does not appear in the text, but it is probably the intention of the Auer Motion to apply the limitation of eight hours not only to work in the same business, but to industrial work in different coordinated businesses, to the principal industry and to the subsidiary industries.

Yet, as we have already noticed, we find no definite information on this point, nor on the manner of enforcing the eight hours day; nor as to whether it is to be an international measure enforced by international enactment; nor yet as to whether it is to be adopted only by the countries of old civilization, or also by the young nations of the new world, and the countries of cheap labour in the South, and in Eastern Asia.

On the other hand, the object of the general working-day is fully and clearly explained. It aims not only at fixing the time of rest for at least eight hours daily, nor merely fixing the time of recreation (pleasure, social intercourse, instruction, culture) for other eight hours; but it also aims at an increase of wage per hour, or at any rate at providing a larger number of workmen with full daily work by diminishing the product of labour.

In judging of the merits of the eight hours day, one must lay aside all prejudices and misconceptions. Hence we repeat that the hygienic working-day may be admissible, even though fixed below eight hours. We repeat, moreover, that the maximum working-day fixed by contract is not to be opposed, even though it fall to eight hours, or below eight hours, at first in isolated cases, but by degrees generally. We also say that it is not impossible that certain nationalities, or all nationalities, should some day attain to such a degree of energy and zeal for work, as would justify the eight hours limit almost universally, and render it economically admissible, as is already the case in certain kinds of work. We are only concerned here with the general legal eight hours day (not with the merely hygienic working-day of eight hours) to be legally enforced on January 1st, 1898, or within some reasonable limit of time.

A few objections are advanced against the eight hours day, the importance of which cannot be overlooked.

The maximum working-day applied only to industrial labour lacks completeness, it is said; all work, even in agriculture and in public business, should be limited to eight hours, if the general maximum working-day is to become a reality. The Social Democrats would, perhaps, meet this objection by further motions.

The general eight hours day is not quashed by the assertion that the united nationalities, or the bodies of labourers of different nationalities would never agree upon the matter. This is, indeed, possible, even very probable; but it remains to be proved what may be effected by international labour-agitation in an age of universal suffrages and of world congresses, and especially in England, which has already become so really democratic; an advance made by this country towards a reasonable experiment would be decisive. The possibility of attaining a sufficiently uniform, shortened, international working-day will always be conceivable. Moreover, the imposition of protective duties on the nations that hold back is held in reserve as a means towards the equalisation of social policy.

More important are those objections which are raised on grounds of protective policy against the eight hours day, not on account of its shortness, but of its universality. It is affirmed that it is unnecessary and could not be carried out without intolerable chicanery.

I am also inclined to think that the necessity for a maximum working-day, on grounds of protective policy, does not extend much beyond factory and quasi-factory labour (cf. Chaps. V. to VIII.), many wage-workers finding sufficient protection in the force of public opinion, in moral influence and custom.

The universalisation of the measure, it must be admitted, greatly increases the difficulties of carrying it out successfully, especially in non-continuous employments, in subsidiary and combined industries. It would be difficult to carry it out without an amount of espionage and control, intolerable, perhaps, to the sense of individual liberty in the most diligent workers. The supporters of the eight hours day cannot meet this objection by replying that under a real “government by the people,” the whole measure would be practicable, and the demand for it intelligible; for this is an attempt to thrust forward a proof having no application to the policy of the present, which has to deal with existing conditions of society; and it unwarrantably assumes that the practicability of a “government by the people” has already been proved.

The supporter of the general legal eight hours day will be more successful in meeting the above objection if he maintains that the importance of so complete a universalization and so great a shortening of the maximum working-day, from the point of view of the wages question, more than outweighs any doubt as to the necessity of the measure on grounds of protective policy, or as to the practicability of carrying it out.

The decision for or against the general legal eight hours day lies therefore in the answer to these two questions: whether the cherished hope as to its effect on wages rests on a sure foundation, and whether the State is justified in so wide an exercise of power in the interests of one class in the present generation.

With regard to the first question, no very strong probability of success has been shown, to say nothing of certainty.

We need only look at the practical aspect of the matter. By the legal enforcement of a sudden and general shortening of the industrial national working-time, by 20 to 30 per cent. of the working-time of hitherto, higher wages are to be obtained for less work, or at least room is to be given for the actual employment of the whole working force at the present rate of wage!