In those branches of manufacture, which from their nature require continuity of production, night work may regularly be performed. When it is desired to take advantage of this provision for any enterprise, the necessity of continuous operatious shall be shown to the Bundesrath by petition, and at the same time a statement must be presented making clear the work regulations as well as the number of work hours to be required, under no circumstances to exceed eleven out of twenty-four for any single workman. In case of changed manufacturing conditions the permit may be either recalled or modified. 14. Sunday work is forbidden, except in cases of necessity, and in those establishments which, from the nature of the manufacture carried on, require continuous operations and for which the permission has been obtained from the Bundesrath, as provided in Section 13. But even in such establishments workmen must have every other Sunday free. Cantonal legislation may provide for further festival days, on which factory work shall be forbidden, the same as on Sundays. These holidays, however, shall not exceed eight annually and shall only be binding on the members of the religious confessions which they affect. Anyone declining to work on other church holidays shall not be fined for such refusal. Il-Employment of Women in Factories. 15. Females under no circumstances shall be employed on Sundays or at night work. If they attend to domestic affairs, they shall be dismissed an half hour previous to the mid-day interval, provided that does not exceed one and a half hours. Women in child birth shall not be employed in a factory for the eight weeks embracing the period preceding and succeeding their confinement. Their re-entry into the same is conditioned on proof that at least six weeks have elapsed since confinement. The Bundesrath shall designate those branches of factory employment in which pregnant womem shall not be allowed to work at all. Women shall not be employed in cleaning of motors, transmissors and dangerous machinery in motion. III-Employment af Minors in Factories. 16. Children who have not passed their 14th year of age, shall not be employed in factories. In case of children between the ages of 15 and 16 years inclusive, the time of daily secular and religious instruction and factory labor shall not together exceed II hours. Secular and religious instruction shall not be encroached upon by factory work. Sunday and night work is forbidden for young people under 18 years of age. In trades where the necessity of continuous operations has been established in accordance with Section 13, the Bundesrath, provided that it, at the same time, is shown that the colabor of young people is indispensable, may, in exceptional cases, also permit boys from 14 to 16 years of age to be employed, especially if it appears that it is requisite for a thorough learning of the trade. In such cases, however, the Bundesrath shall fix the time of night work for the young people below the maximum of II hours, prescribe alternations, employment by shifts and the like regulations; in general, according to the circumstances of the case, annex to this exceptional permission every prescription and guarantee in the interest of the young people and necessary for the pre servation of their health. The Bundesrath is empowered to designate those branches of factory work in which children shall not be employed at all. A factory occupier shall not be permitted to plead ignorance of the age or the legal school obligations (Schulpflichtigkeit) of his minor workers. IV-Enforcement and Penalties. [Sections 17-18 provide for cantonal reports on the carrying out of the provisions of this act, which is enforced by factory inspectors appointed by the Bundesrath]. APPENDIX IV. The Factory and Workshop Act, 1878, (ENGLAND). AN ACT TO CONSOLIDATE AND AMEND THE LAW RELATING TO FACTORIES AND WORKSHOPS.* PRELIMINARY. 1. This act may be cited as the Factory and Workshop Act, 1878. 2. This act shall come into operation on the 1st day of January, 1879, which day is in this act referred to as the commencement of this act: Provided that at any time after the passing of this act, any appointment, regulation, or order may be made, any notice issued, form prescribed and act done which appears to a secretary of state necessary or proper to be made, issued, prescribed, or done for the purpose of bringing this act into operation at the commencement thereof. PART I-GENERAL LAW RELATING TO FACTORIES AND WORKSHOPS. 1-Sanitary Provisions. 3. A factory and a workshop shall be kept in a cleanly state and free from effluvia arising from any drain, privy, or other nuisance. A factory or workshop shall not be so overcrowded while work is carried on therein as to be injurious to the health of the persons 41 and 42 Vict. C, 16, May 27, 1878. And see the Factory and Workshop Act, 1833, (46 and 47 Vict. C, 53,) post. |