and end at nine o'clock in the Sect. 15. begin at six o'clock in the morning (b.) There shall be allowed to a woman A workshop shall not be deemed to be conducted on the system of not employing therein either children or young persons until the occupier has served on an inspector notice of his intention to conduct his workshop on that system. employment and meals for XVI. Where (i) persons are employed at home, Sect. 16. that is to say, in a private house, room, or place Period of which, though used as a dwelling, is by reason of the work carried on there a factory or workshop time for within the meaning of this Act, and in which neither children steam, water, nor other mechanical power is used in and young aid of the manufacturing process carried on there, domestic and in which the only persons employed are mem- workshop. bers of the same family dwelling there, the foregoing regulations of this Act with respect to the employment of children, young persons, and women shall not apply to such factory or workshop, and in lieu persons in (i) This section comprises the definition of what are called "domestic" factories and workshops. But the exercise in a private house or private room by the family dwelling therein, or by any of them, of manual labour for the purposes of gain in or incidental to some of the purposes in this Act in that behalf mentioned, will not of itself constitute such house or room a workshop when the labour is exercised at irregular intervals, and does not furnish the whole or principal means of living to such family. S. 98; p. 92. As to the exemptions in favour of certain handicrafts, see s. 97. Sect. 16. thereof the following regulations shall be observed therein : (1.) A child or young person shall not be employed in the factory or workshop except during the period of employment hereinafter mentioned; and (2.) The period of employment for a young person shall, except on Saturday, begin at six o'clock in the morning and end at nine o'clock in the evening, and shall on Saturday begin at six o'clock in the morning and end at four o'clock in the afternoon; and (3.) There shall be allowed to every young person for meals and absence from work during the period of employment not less, except on Saturday, than four hours and a half, and on Saturday than two hours and a half; and (4.) The period of employment for a child on every day either shall begin at six o'clock in the morning and end at one o'clock in the afternoon, or shall begin at one o'clock in the afternoon and end at eight o'clock in the evening, or on Saturday at four o'clock in the afternoon; and for the purpose of the provisions of this Act respecting education such child shall be deemed, according to circumstances, to be employed in a morning or afternoon set; and (5.) A child shall not be employed before the hour of one in the afternoon in two successive periods of seven days, nor after that hour in two successive periods of seven days, and a child shall not be employed on Saturday in any week before the hour of one in the afternoon, if on any other day in the same week he has Sect. 16. (6.) A child shall not be employed continuously meal. to be simulta employ times forbidden. XVII. With respect to meals the following Sect. 17. regulations shall (save as is in this Act specially Meal times excepted,) be observed in a factory and workshop: (1.) All children, young persons, and women neous, and employed therein shall have the times ment allowed for meals at the same hour of the during meal day; and (2.) A child, young person, or woman shall not during any part of the times allowed for meals in the factory or workshop, be employed in the factory or the workshop, or be allowed to remain in a room in which a manufacturing process or handicraft is the nbeing carried on (j). (j) These regulations do not apply to domestic factories and workshops, nor to workshops where children and young persons are not employed. S. 61. Nor do they apply in the cases and to the extent mentioned in part 2 of the 3rd schedule. S. 52; 3rd sched. pt. 2; pp. 51, 106. In glass works, lucifer match works, and earthenware works, certain parts of the premises are forbidden as the places for meals. S. 39, and 2nd sched. And a Secretary of State has power to extend the prohibition to other trades. Id. As to meal hours in the case of employment overtime under the Act, see s. 53, sub-s. 1; p. 52. A child, young person, or woman, who is not allowed times for meals and absence from work as required by the Act, or who during any part of the times allowed for meals and absence from work is, C as to Sect. 18. XVIII. The period of employment (k) on Saturday Regulations for a young person or woman in a non-textile factory employ- or workshop may be of the same length as on any other day if the period of employment of such young person or woman has not exceeded eight hours on any day of the same week, and if notice has been affixed in the factory or workshop and hours a day. served on the inspector (7). ment on Saturday of young persons or women employed only eight Sect. 19. Notice fixing period of employment, hours XIX. The occupier of a factory or workshop may from time to time fix within the limits allowed by this Act, and shall (save as is in this Act specially excepted) (m) specify in a notice affixed in the of meals, factory or workshop, the period of employment, the and mode of times allowed for meals, and whether the children are employment of children. employed on the system of morning and afternoon sets or of alternate days. The period of employment and the times allowed for meals in the factory or workshop shall be deemed to be the period and times specified in the notice affixed in the factory or workshop; and all the children in the factory or workshop shall be employed either on the system of morning and afternoon sets or on the system of alternate days, according to the system for the time being specified in such notice: Provided that a change in such period or times in contravention of the Act, employed in a factory or workshop, or allowed to remain in any room, is employed contrary to the Act. S. 83; p. 75. (k) S. 13; p. 19. (2) The provisions of the Act as to the affixing of any notice or abstract in a factory or workshop, or of specifying any matter in the notices so affixed, and as to the allowance of any holidays to a child, young person or woman, do not apply to domestic factories or workshops, nor to workshops where children and young persons are not employed. S. 61. (m) See n. (1), supra. or system of employment shall not be made until Sect. 19. after the occupier has served on an inspector and affixed in the factory or workshop notice of his intention to make such change, and shall not be made oftener than once a quarter, unless for special cause allowed in writing by an inspector. XX. A child under the age of ten years shall not Sect. 20. be employed in a factory or a workshop (n). Prohibition ment of XXI. A child, young person, or woman shall not of employ(save as is in this Act specially excepted) be employed on Sunday in a factory or workshop (0). (4.) Holidays. children under ten. Sect. 21. Prohibition of employment of children, persons, XXII. The occupier of a factory or of a workshop shall (save as is in this Act specially excepted) (p) young allow to every child, young person, and woman and women employed therein the following holidays (q); that on Sunday. is to say, Sect. 22. observed as and half in factories (1.) The whole of Christmas Day, and the whole Days to be either of Good Friday or, if it is so spe- holidays, cified by the occupier in the notice affixed holidays to in the factory or workshop, of the next be allowed public holiday under the Holidays Ex- and worktension Act, 1875; and in addition (2.) Eight half holidays in every year, but a whole holiday may be allowed in lieu of any two such half holidays; and shops. 38 & 39 Vict. c. 13. (n) The minimum age under the Factory Act, 1844, was eight years. 7 & 8 Vict. c. 15, s. 29. (0) An exception is made by sect. 51 in favour of Jews. (p) These provisions do not apply to domestic factories and workshops, nor to workshops where children are not employed. S. 61, and see s. 50. (9) A Secretary of State can in certain cases grant special exceptions authorizing the allowance of whole or half holidays on different days to any of the persons employed. S. 49. As to holidays in Scotland and Ireland, see s. 105, sub-s. 2; s. 106, sub-s. 2. |