CONDITIONS OF EMPLOYMENT, DISCHARGE, ETC.

BELGIUM.

A decree of November 15, 1877, provides that employees on State railways below the rank of the administrative personnel shall be employed and dismissed by chiefs of service under conditions fixed by the minister of railways, posts, and telegraphs. Prior to employment applicants must show that they are native or naturalized Belgians, and, if persons with a trade, that they are not more than 35 years of age; or if without a trade that they are not over 32 years old; they must also furnish a certificate of morality and good conduct, and a statement showing that they have complied with the laws as to military service; and, lastly, must pass a satisfactory medical examination by an approved physician.

Employees who leave service for any reason will not be reinstated. This rule may be waived on recommendation of a chief of service and a showing that the person's age and other qualifications meet the requirements for employment, if the applicant's record and the cause of his leaving service are not open to exception.

Employees discharged for lack of work or because of unfitness for duty, if after 6 months' service, are to be allowed 15 days' pay; after one year's service, 30 days' pay; and after two years or more, 45 days' pay. These sums will not be paid, however, if misconduct was the occasion of the discharge.

Employees who incur disciplinary penalties three times in a year may be discharged.

CANADA.

The Canadian railways act of 1903 makes an engineer or conductor who is intoxicated while on duty liable to imprisonment for a term not exceeding 10 years in length. Any employee who violates a bylaw or other regulation of which he has due notice, if such violation causes injury to person or property, or exposure to increased danger though without injury, may be punished by imprisonment for a term not exceeding 5 years in length, or a by fine of not more than $400, or by both fine and imprisonment.

FRANCE.

Employment as engineers and firemen is restricted by a decree of March 1, 1901, to such persons as have procured certificates of capacity, of a form to be determined by the minister of public works.

GERMANY.

A number of ordinances and decrees affecting conditions of employment have been promulgated in the German Empire from time to time. The following regulations, fixing the minimum requirements

for applicants for positions in the State railway service, were promulgated by the imperial chancellor March 8, 1906.

Employees entering service for the first time must be not less than 21 nor more than 40 years of age. Males more than 40 years old who are partially incapacitated may be employed as watchmen, porters, platform attendants, and gatemen; and females more than 40 years of age may serve as gate keepers and station attendants. Technically skilled machinists may act as locomotive firemen before completing their twenty-first year. Other exceptions are allowable only on action by the local authorities.

The general requirements for employment include physical capacity, good hearing and sight, ability to distinguish colors, and satisfactory character. Officials must be able to read German and Roman print and script, to write legibly in German, and, where necessary in their employment, to compute in the four elementary operations. Detailed provision is made in the case of each class of employees, as watchmen, porters, brakemen, engineers, etc., giving the specific requirements as to knowledge of particular duties and of the appliances with which each must work; and for the higher classes of employment, the length of preliminary employment in the lower grades, and the periods of training and of probationary service that must precede permanent appointments. The restrictions as to probationary employment and age limits do not apply in the case of those officials and employees who are connected with the military branch of the railway service.

On the State railways of Prussia and Hesse, as prescribed by a law of April 1, 1902, the personnel is classed either as officials of the State or as employees for wages. Nominations are, in general, for a probationary period, followed by a revocable contract, and subsequently, in proper cases, by a permanent appointment. Until permanent appointment, unless in exceptional cases, all engagements are made under conditions of monthly wage payments.

Applicants for positions definitely provided for in the budgets must meet the required conditions, especially those as to prescribed examinations. Ticket stampers and other station employees, locomotive and train employees, switchmen, watchmen, road employees, and the like, are not enumerated in the budgets, and are employed under revocable contracts. Agents of the lower and middle grades employed in budget positions may take permanent appointments after they have served satisfactorily for at least five years.

A law of July 14, 1888, contains the provision that employees on Prussian State railways must have no affiliation with societies opposed to law and order.

A decree of the Prussian minister of public works issued December 17, 1894, and subsequently amended in various points, forbids workmen employed in the State railway service to engage in their leisure.

time in work in the private interests of railway officials, and especially of those to whom are intrusted the employment and discharge of workmen or the inspection and management of the service. Written permission is required for specific persons and occasions, if exceptions are at all allowed.

Provisions as to the termination of the labor contract of railway employees in Prussia were made in the law of July 14, 1888, which provide that such contract may, in the absence of special agreements to the contrary, be terminated by either party without notice within the first 4 weeks of service, and after this time, but without preventing an earlier release in cases of mutual agreement, on notice by either party given 14 days in advance. If any other than the prescribed term of notice is agreed upon, it must be the same for both parties.

Dismissal without this notice of 14 days may take place when an employee has used deception in the matter of the labor contract; if he is guilty of theft, embezzlement, immorality, etc.; if he leaves work without authority or persistently neglects his duty; if he is careless with lights or fire in the face of warnings; if he is guilty of violence or gross acts of injury to his superiors, their deputies, or members of their families, or of deliberate and illegal acts which cause injury to the management or to his fellow workmen. Such discharge is not allowable after the facts have been known to a superior for more than one week. Before the discharge takes effect the employee is to have opportunity to make a statement and to establish the facts in the case at a hearing. Witnesses may be brought in where needful, and proofs may be submitted in writing.

A workman may leave the service without notice if he becomes unable to work; if his wages are not paid when due, or if his superior defrauds him; if the work exposes life or health to discovered dangers not known at the time of entering into the contract; if his superiors or members of their families are guilty of acts or attempts of an illegal or immoral nature against him or his family, or if they or their deputies commit acts of violence or gross injury to him or members of his family. For the last-named cause action must be taken within one week after the facts come to the employee's knowledge, in order to justify withdrawal without notice.

Damages for unwarranted discharge without notice may be allowed only in so far as actual injury results, and only to the amount of the consequent loss in wages for the period of notice. This will not be allowed where other employment was immediately secured.

GREAT BRITAIN.

According to the railways regulation act of 1840, any engine driver, guard, porter, or other employee of a railway company is liable to arrest for intoxication while on duty, or for committing any offense against the regulations, or for willfully, maliciously, or negligently doing or omitting to do any act whereby life, limb, or the works of the railway are endangered. The penalty may be imprisonment, either with or without hard labor, for a term not exceeding 2 months, or a fine of not more than £2 ($9.73).

NETHERLANDS.

According to the provisions of a royal decree of October 27, 1875, amended by subsequent decrees, employees on railways must be able to read and write, and must possess normal powers of sight, in so far as these qualifications affect their service. A person seeking employment as a locomotive engineer must be at least 21 years of age, must have been employed for not less than one year in a locomotive works, and for a like period as a pupil engineer or as a fireman on a locomotive, and must give proofs of competency and pass an examination covering the necessary railway laws and regulations. Firemen must be able to stop and reverse a locomotive.

SPAIN.

The termination of contracts of employment of railway employees is regulated by a decree of February 15, 1901. This decree provides that locomotive engineers and firemen, telegraph operators, and chiefs at stations must give 15 days' notice of their intention to leave service, while 10 days' notice will be required of all other employees; if this is not given, they will be considered as having abandoned their posts. Companies desiring to dismiss their employees are required to extend notice of the same duration. If the dismissal is in consesequence of insubordination, misconduct, or of a fault such as affected or might have affected the safety of the operation of the road, it may be put in effect as soon as the fault is proved and a Government inspector is informed thereof.

The above decree does not apply where provisions incompatible therewith are incorporated in the rules of the company or in the contracts of employment.

SWITZERLAND.

Employment on State railways is restricted by a Federal law of October 15, 1897, to resident Swiss citizens. This limitation does not apply to persons employed on lines lying in foreign territory and operated by the Confederation.

The term of service of officials and employees is fixed at 3 years, the same as for other Federal officials.

VICTORIA.

According to the railways acts of 1890, and subsequent amendments, employees on State railways are required to pass an examination, after which they may be appointed for a probationary term of 6 months, to be followed by permanent appointment. No probationer is appointed permanently until he takes out a policy of insurance on his life, payable at his death, if that occurs before the age of retirement; or if he survives, payable as an endowment or an annuity at that time. Employees are retired at the age of 65 years unless they are directed to remain longer in service, and are able and willing to do so.

Persons who have been employed as day laborers for not less than 5 years may be appointed to permanent positions without probation, on passing the proper examinations. The examination may be waived if it is held not to be necessary to determine the qualifications of the individual for the position to be filled. Insurance must be taken out, however.

Persons outside the service and of known ability may also be appointed without examination, but only in case there is no qualified person in the service to accept promotion to the position. Promotions usually follow rank, though in the higher grades of service, competitive examinations are held.

EMPLOYMENT OF WOMEN.

AUSTRIA-HUNGARY.

Under the law of August 30, 1894, females applying for positions in the railway service must have the necessary mental and physical ability and be able to read and write, if necessary for the discharge of the duties of the position sought. They may be employed as gate keepers and signal tenders, but not, as a rule, in connection with the maintenance of way. Competent females may, however, by way of exception and in view of local conditions, be given positions as inspectors for the purpose of policing the road.

The particular classes of employment are designated more in detail as follows:

As substitutes for watchmen at gates and signal stations while the attendants are taking their rest; as assistants to watchmen who have two posts sufficiently near together to allow a woman to attend to gates and signals with the cooperation of the watchman; as attendants during the absences of watchmen, so as to render service in case of emergency, particularly to have the care of gates and signals while a watchman is engaged in service as track inspector.