ings 1903-4, No. 137, p. 13 et seq.) The following contracts are also excluded: contracts between shipowners, captains. and crews with one reservation ($754 of the Commercial Code), and those of officials in the service of the State, provinces, communes, and other authorities, unless the Act has been declared to be applicable by both parties before the commencement of the employment (§16372).

Contents of Contracts of Employment :-Rules of Employment.

Rules

of employment are only binding on the workman if he has given his assent in writing and provision has been made for him to peruse their contents (§§1637jm).—Payment of Wages, Fines and Compensation. For the purposes of calculating money wages, a day is taken as ten hours, a week as six days, a month as 25 days, and a year as 300 days. In the case of piecework a day's wages are calculated on the basis of the average daily earnings during the preceding thirty days, or at the rate which is customary for similar classes of work (§16370). The wages of workmen not living with their employers may take the following forms: money; provisions, light and fuel; clothes used for the purpose of the employment; a definite quantity of the products of the industry or of the raw or auxiliary materials, excluding alcoholic liquors; the use of dwellings, land, meadows, stabling; the performance of definite services by the employer; instruction of the workman (§1637p). If wages are paid in an illegal form. five times the money value must be paid as a penalty, provided that this does not exceed the locally current wages by more than one-third (§16377). All arrangements whereby a workman is restricted in disposing of his wages are null and void, excepting only the compulsory payment of contributions to a benefit fund or the payment of a certain part of the wages of a person under age into the State Post Office Savings Bank (§1637s). The time, manner, and place of paying wages are regulated in detail (§§1638e and 1638h-q), as well as the right of making deductions and imposing fines (§§1638r, s; 1637μ and v). Either party has the right to claim damages ($1637w). Similarly damages may be claimed for the wrongful termination of the employment (§§16390, r, s, t; German B.G., §628; Swiss O.R., §346).— Other Duties of the Parties. Besides the payment of wages, the employer is bound to observe the following requirements. If the workman lives with him, he must allow him periods of rest and time to fulfil his religious duties, and he must allow workmen who are under age time to attend religious classes, and technical and continuation schools. In general, he must observe Sunday rest (§1638w), he must provide and maintain all premises and implements in such a manner as to prevent accidents (§1638x; German B.G., §618), he must attend the workman during sickness for six weeks, making no charge in respect of the first four weeks (§1638y; German B.G., §617), and he must provide the workman with a certificate (§1638aa; German B.G., §630). The workman is bound to perform his work to the best of his ability (§1639), and in person (§1639a; German B.G., §613; Swiss O.R., §339). If he lives with the employer he must behave in conformity with the household arrangements (§1639c).

7. Housing. By an Act, dated 12th August, 1907 (E.B. II., p. 356), the PRUSSIAN Government made a further grant of 15 million marks towards improving the housing conditions of workmen employed in State undertakings and of the lower-salaried State officials. (Cf. the corresponding Acts passed in earlier years: G.B. I.. pp. XIV. and 247; II., pp. XXXI., 232; III., pp. XXVIII., 250; IV., pp. XXXI., 190.)

II. Labour Legislation for Particular Trades.

I. Mines, Smelting Works, and Salt Works. An Order of the FRENCH Minister of Public Works, dated 15th April, 1907 (E.B. II., p. 378), contains provisions relating to rescue work in mines.

A FRENCH Act, dated 23rd July, 1907 (E.B. II., p. 384), amends §50 of the Act of 21st April, 1810, as amended by the Act of 27th April, 1880 (Chailley-Bert et Fontaine, Lois sociales, nouv. tir., p. 227), by inserting the words et l'hygiène," so that in future not only the safety, but also the health, of miners will be in the charge of the administrative authorities. A corresponding amendment is inserted by the Act in §1 of the Act of 8th July, 1890, relating to miners' delegates (Ib. p. 112), and accordingly requires these delegates to superintend hygienic conditions in mines.- -A Circular of the Minister of Public Works, dated 31st July, 1907 (E.B. II., p. 385), explains the Act of 23rd July, and announces the appointment of a consultative committee of hygiene sitting at Paris.

In RUSSIA, regulations for the protection of workmen employed in zincsmelting works were issued on 19th April/12th May (E.B. II., p. 424). These regulations require every workman to be medically examined before his engagement, and thereafter at least once a year, and the result to be entered in a register. Workmen showing symptoms of disease due to their occupation must be suspended from work until cured. No women may be employed at zinc furnaces. Persons in weak health and children under 15 may not be employed at the furnaces, or in removing slag and ashes, or handling zinc residue. The managers have to provide drinking water, cloakrooms and lavatories, and see that the rules relating to cleanliness are observed.

Another RUSSIAN Decree, dated 19th June/2nd July, 1906 (E.B. II., p. 425), supplements previous regulations respecting the organisation and equipment of rescue corps in coal and ore mines.

2. Chemical Industries and Dangerous Trades. In the GERMAN EMPIRE the regulations relating to the establishment and management of works for the manufacture of the alkaline chromates, issued by the Notification of the Imperial Chancellor, dated 2nd February, 1897, have been replaced by new regulations dated 16th May, 1906 (E.B. II., p. 352), and the slight changes introduced were explained in a PRUSSIAN Ministerial Decree, dated 26th June, 1907 (E.B. II., p. 183.)

3. Textile Industry. Regulations for the heading of yarn dyed by means of a lead compound were issued in the UNITED KINGDOM on 6th August, 1907, in pursuance of powers granted to the Secretary of State by $79 of the Factory and Workshop Act (E.B. II., p. 386)

In pursuance of the same Section, regulations have also been issued for the spinning and weaving of hemp or jute, or hemp or jute tow (E.B. II., p. 388), which are similar to those issued in 1906 for the spinning and weaving of flax and tow. (E.B. I., p. 189.)

Carrying Trade. A DUTCH Decree, dated 29th June, 1907 (E.B. II., p. 401), supplemented the existing railway service regulations, in the sense that officials and employees who are given notice of dismissal are to be paid a reasonable consideration; appeal lies to the Court of Arbitration having jurisdiction.

A Decree, dated 20th June, 1907 (E.B. II., p. 374) contains regulations for the organisation of the work of the SPANISH local councils for social reform. The most important duty of these councils is to meet once a month and report to the Institute for Social Reform on the appointment of factory inspectors, the results of the work of inspection, fines imposed, and steps taken to enforce labour laws.

A further SPANISH Decree, dated 26th September, 1907 (title E.B. II., p. 377), has the object of facilitating the appointment and reorganisation of local councils for social reform.

A FRENCH Circular, dated 14th February, 1907 (title E.B. II., p. 378), draws attention to the fact that as the Circular of 10th October, 1901, allowed municipal subventions to be granted to labour exchanges only for definite purposes, and provided that account is given of their expenditure, so also subventions from the Departments must be made to depend upon similar conditions.

In FRANCE the Higher Labour Council (conseil supérieur du travail) was reorganised by a Decree, dated 14th March, 1903 (G.B. II., p. 168) and by the amending Decrees, dated 27th January, 1904 (G.B. III., p. 38) and the 4th of August, 1904 (G.B. III., p. 327). These Decrees provide, amongst other things, for the constitution of the Council, and give workmen's manufacturing societies the right to a representative, who was hitherto chosen by the the Consultative Chamber of Workmen's Co-operative Societies (Chambre consultative des associations ouvrières de production), as there was no other important society of the kind in existence. The Consultative Chamber is still the most important society, but, as is stated in the report to the President of the Republic, it would not now be possible, without injustice, to exclude the numerous workmen's societies not connected with the chamber from participation in the election of the representative in question. As, however, there is no existing legal definition of a workmen's manufacturing society, the Decree dated 24th June, 1907 (E.B. II., p. 381), leaves it to a Ministerial Order to determine, in agreement with the Standing Committee of the Council, the conditions under which the various societies shall take part in the election.

§6 of the FRENCH Act of 8th July, 1890, relating to miners' delegates, as amended by the Act of 9th May, 1905 (G.B. IV., p. 201), provides that the elected delegates, if they receive a monthly salary corresponding to twenty days' wages, shall not be retailers at the same time. In accordance with a letter of the Minister of Labour, dated 18th March, 1907 (E.B. II., p. 378) the delegate is to be himself regarded as a retailer within the meaning of the Act, if his wife, child, or near relative has a liquor shop, unless he lives apart from them or takes no part in the business.

IV. Unemployment.

A Circular of the FRENCH Minister of Justice, dated 25th April, 1907 (E.B. II., p. 380) provides that itinerant workmen in search of work carrying a viaticum certificate of a workmen's union shall not be indicted for vagabondage.

In pursuance of the FRENCH Decree of 9th September, 1905, relating to subventions for unemployment societies (E.B. I., p. 14), as amended by the Decrees of 20th April (E.B. I., p. 188) and 31st December, 1906 (E.B. I., p. 473), a Decree, dated 30th June, 1907 (title E.B. II., p. 382) has been issued

BULLETIN

2

fixing the subvention payable for the second half-year of 1906 at 16 per cent. of the benefits paid by the societies and at 24 per cent. in the case of societies, which carry on operations in at least three departments, and have at least 1,000 members. These percentages are the maximum allowed under §12 of the before-mentioned Decree.

V. Inquiries

§§5 and 12 of the SPANISH Act of 13th March, 1900, relating to Children and women, read as follows:

5. No person aged from 10 to 16 years shall be employed:
(1) in work below ground;

(2) in work in establishments for the preparation and manipulation of inflammable materials, and in industries certified as dangerous or injurious to health by order of the Government, issued after consultation with the local and provincial councils;

(3) in cleaning engines and gearing while the machinery is in motion. 12. The Government shall, after consultation with the Board of Health and the provincial councils, and having procured the necessary information, classify all industries and processes with a view to adapting to the said classification the Sections of this Act in question."

In pursuance of these Sections, an Order, dated 2nd July, 1907 (E.B. ̄I., P. 375), requires the provincial and local councils to give, through the medium of the Civil Governors, their opinion as to the dangers of the industries to which paragraph 2 of §5, given above, should apply. An Order, dated 2nd July, 1907 (E.B. II., p. 375), contains instructions relating to statistical inquiries into strikes.An Order, dated 12th July, 1907 (E.B. II., p. 376), authorises the institution of inquiries, in the light of which the effects of the Berne Convention respecting the night-work of women can be judged.- -An Order, dated 3rd September, 1907 (title, E.B. II., p. 377), requires the Civil Governors to supply information on the following points: (1) the localities in their provinces where markets are held on Sundays, and the nature of such markets; (2) which of these markets are old institutions; (3) permits for holding Sunday markets which have been given officially between the month of March, 1904, and the 1st February, 1907; particulars of the cases in which inquiries have been made before granting the said permits.

International Labour Legislation

Convention between the United Kingdom and France concerning the New
Hebrides. Signed at London, 20th October, 1906.

1.

1907. Cd. 3300.).

(Extract.)

(Treaty Series No. 3,

RECRUITMENT OF NATIVE LABOURERS.

XXXI.-Recruiting Licence.

I. No vessel shall recruit native labourers in the New Hebrides, including the Banks and Torres Islands, unless she sails under the flag of one of the two Signatory Powers, and unless she is provided with a recruiting licence issued by the High Commissioner representing the Signatory Power under whose flag the vessel is sailing, or by his Delegate.

2. In the case of professional recruiters, the recruiting licence shall only be issued on the deposit of £80, as security, with the agent appointed by the High Commissioner, whose duty it will be to issue the recruiting licence, or by his Delegate.

3. The High Commissioners shall inform one another every month of the recruiting licences which they have issued. The same rule shall apply to their Delegates.

4. The recruiting licences shall be valid for one year only.

XXXII-Register of Engagements.

All masters of recruiting vessels shall keep a register of engagements, in which there shall be entered without delay the name, sex, identification marks, the name of the tribe, place of recruiting, and place of destination of every native recruited, the name of the employer, the length of the engagement, the sum agreed on by way of premium and wages, and the amount of the advance paid to the native at the time of engagement.

I.

XXXIII.-Engagement of Women and Children.

Women shall only be engaged :—

If they are married, with the consent of their husbands;

If they are unmarried, with the consent of the Head of the tribe. Children shall only be engaged if they are of a certain minimum height, to be fixed by the Resident Commissioners jointly.

2.

I.

2.

XXXIV.-Length of Engagements.

No engagements shall be concluded for more than three years. They shall date from the day the labourer lands in the island where he is to be employed, but the time spent on board ship by the labourer shall count for wages.

XXXV.-Deaths on Board Recruiting Vessels.

I. A report in duplicate on every death occurring on board a recruiting vessel shall be drawn up immediately by the master. Such report shall describe the circumstances under which the death occurred.