CHAPTER IX.

STATUTORY PROVISIONS.

Sec. 142.

Statutory provisions of a borough or wider communal union shall be binding in regard to all those industrial matters with which the law empowers them to deal. After they have been considered by the directors of industry and the workers concerned, the statutory provisions must receive the assent of the higher court of administration, and shall then be published in some form prescribed by the parish or wider communal union, or in the usual form.

The Central Court shall be empowered to annul statutory provisions which are contrary to law or to the statutory provisions of a wider communal union.

_Article V._

Sub-section 2 of Sec. 93_a_ (2_b_) shall contain the following clause:

_b._ The supervision by the union of the observation of the provisions laid down in Sec.Sec. 41_a_, 105_a_ to 105_g_, 120 to 120_e_, 126, 127.

_Article VI._

The penal provisions of Chapter X. of the Industrial Code shall be altered as follows:

1. Section 146, (1) 1, 2, and 3, shall contain the following clauses:

1. Directors of industry, acting in contravention of Sec. 115;

2. Directors of industry, acting in contravention of Sec.Sec. 135, 136, 137, or of orders issued on the grounds of Sec.Sec. 139 to 139_a_;

3. Directors of industry, acting in contravention of Sec.Sec. 111 (3) and 113 (3);

2. The following sub-section shall be added to Sec. 146:

Section 75 of the Constitution of Justice Act shall apply here.

3. After Sec. 146 shall be inserted:

Sec. 146_a_.

Any person who gives employment to workers on Sundays and festivals, in contravention of Sec.Sec. 105_b_ to 105_g_, or of the orders issued on the grounds thereof, or any person who acts in contravention of Sec.Sec. 41_a_ and 55_a_, or of the statutory provisions laid down on the grounds of Sec. 105 (2) shall be punished with a money fine to the amount of 600 marks, or in default of the same, with imprisonment.

4. Section 147 (1) 4 shall contain the following clause:

4. Any person who acts in contravention of the final orders issued on the grounds of Sec. 120_d_, or of enactments issued on the grounds of Sec. 120_e_;

5. After Sec. 147 (1) 4, shall be inserted:

5. Any person who conducts a factory, in which there are no working rules, or who neglects to obey the final order of the court as to the substitution or alteration of the working rules.

6. Section 147 shall contain at the close the following new sub-section.

In the case of No. 4, the police magistrate may, pending the settlement of affairs by order or enactment, order suspension of the business, in case the continuance of the same would be likely to entail serious disadvantages or dangers.

7. Section 148 shall contain the following extensions:

11. Any person who, contrary to the provision of Sec. 134_c_ (2), imposes such fines on the workers as are not prescribed in the working rules, or such as exceed the legally permissible amount, or any person who appropriates the proceeds of fines or the sums specified in Sec. 134_b_ 5, in a manner not prescribed in the working rules;

12. Any person who neglects to fulfil the obligations imposed upon him by Sec.Sec. 134_e_ (1), and 134_g_;

13. Any person who acts in contravention of Sec. 115_a_, or of the statutory provisions laid down on the grounds of Sec. 119_a_.

8. Section 149 (1) 7 shall contain the following clause:

7. Any person who neglects to fulfil the obligations imposed upon him by Sec.Sec. 105_c_ (2), 134_e_ (2), 138, 138_a_ (5), 139_b_;

9. Section 150(2) shall contain the following clause:

2. Any person who, except in the case prescribed in Sec. 146 (3), acts in contravention of the provisions of this Act with respect to the work register;

10. Section 150 shall contain the following extensions:

4. Any person who acts in contravention of the provisions of Sec. 120 (1), or of the statutory provisions laid down in accordance with Sec. 120 (3);

5. Any person who neglects to fulfil the obligations imposed upon him by Sec. 134_c_ (3).

Common law enactments against neglect of school duties, on which a higher fine is imposed, shall not be affected by the provision of No. 4.

11. Section 151 (1) shall contain the following clause:

If in the exercise of a trade, police orders are infringed by persons appointed by the director of the industrial enterprise, to conduct the business or a department of the same, or to superintend the same, the fine shall be imposed upon the latter. The director of the industrial enterprise shall likewise be liable to a fine if the infringement has taken place with his knowledge, or if he has neglected to take the necessary care in providing for suitable inspection of the business, or in choosing and supervising the manager or overseers.

_Article VII._

The following provisions shall be substituted for Sec. 154 of the Industrial Code:

Sec. 154.

The provisions of Sec.Sec. 105 to 133_c_ shall not apply to assistants and apprentices in the business of apothecaries; the provisions of Sec.Sec. 105, 106 to 119_b_, 120_a_ to 133_e_, shall not apply to assistants and apprentices in trading business.

--The provisions of Sec.Sec. 105 to 133_e_ shall apply to employers and workers in smelting-houses, timber-yards, and other building yards, in dockyards, and in such brick and tile kilns, and such mines and quarries worked above ground, as are not merely temporary, or on a small scale. The final decision as to whether the establishment is to be accounted as temporary, or on a small scale, shall rest with the higher court of administration.

--The provisions of Sec.Sec. 135 to 139_b_ shall apply to employers and workers in workshops, in which power machinery (worked by steam, wind, water, gas, air, electricity, etc.), is employed, not merely temporarily, with the provision that in certain kinds of businesses the Bundesrath may remit exceptions to the provisions laid down in Sec.Sec. 135 (2), (3), 136, 137 (1) to (3), and 138.

--The provisions of Sec.Sec. 135 to 139_b_ may be extended by Imperial decree, with consent of the Bundesrath, to other workshops and building work. Workshops in which the employers are exclusively members of the family of the employer, do not come under these provisions.

Imperial decrees and provisions for exceptions issued by the Bundesrath, may be issued for certain specified districts. They shall be published in the _Imperial Law Gazette_, and laid before the Reichstag at the next ensuing session.

Sec. 154_a_.

The provisions of Sec.Sec. 115 to 119_a_, 135 to 139_b_, 152 and 153 shall apply to owners and workers in mines, salt pits, the preparatory work of mining, and underground mines and quarries.

--Women workers shall not be employed underground in establishments of the aforementioned kind. Infringements of this enactment shall be dealt with under the penal provisions of Sec. 146.

_Article VIII._

Section 155 of the Industrial Code shall contain the following clauses.

--Where reference is made in this Act to common law, constitutional or legislative enactments are to be understood.

The Central Court of the State of the Bund shall make known what courts in each State of the Bund are to be understood by the expressions: higher court of administration, lower court of administration, borough court, local court, lower court, police court, local police court, and what unions are to be understood by the expression, wider communal unions.

--For such businesses as are subject to Imperial and State administration, the powers and obligations conferred upon the police courts, and higher and lower courts of administration, by Sec.Sec. 105_b_ (2), 105_c_ (2), 105_e_, 105_f_, 115_a_, 120_d_, 134_e_, 134_f_, 134_g_, 138 (1), 138_a_, 139, 139_b_, may be transferred to special courts appointed for the administration of such businesses.

_Article IX._

The date on which the provisions of Sec.Sec. 41_a_, 55_a_, 105_a_ to 105_f_, 105_h_, 105_i_ and 154 (3) shall come into force, shall be determined by Imperial decree with consent of the Bundesrath. Until such time the legal provisions hitherto obtaining shall remain in force.

The provisions of Sec.Sec. 120 and 150, 4 shall come into force on Oct. 1, 1891.

--The rest of this Act shall come into force on April 1, 1892.

--The legal provisions hitherto obtaining shall remain in force until April 1, 1894, in the case of such children from 12 to 14 years of age, and young persons between 14 and 16 years of age, as were employed, previous to the proclamation of this Act, in factories or in the Industrial establishments specified in Sec.Sec. 154 (2) to (4), and 154_a_.

--In the case of businesses in which, previous to the proclamation of this Act, women workers over 16 years of age, were employed in night work, the Central Provincial Court may empower the further employment in night work of such women workers, in the same numbers as hitherto, until April 1, 1894, at the latest, if in consequence of suspension of night work, the continuation of the business to its former extent would involve an alteration which could not be made sooner without disproportionate expense. Night work shall not exceed in duration 10 hours in the 24, and in every shift intervals must be granted of an aggregate duration of at least one hour. Day and night shifts must alternate weekly.

Delivered under our Imperial hand and seal.

Given at Kiel, on board my yacht _Meteor_, June 1, 1891.

WILLIAM. VON CAPRIVI.

Butler & Tanner, The Selwood Printing Works, Frome, and London.