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way of exception, employees at points designated by the minister, after consultation as above, may have their rest period reduced to 9 or even 8 hours. Employees are to be free from all business connected with the railway during these times. Additional short rests for meals are to be allowed, and no female employee is to be on duty between the hours of 10 p. m. and 5 a. m.
Every two weeks a Sunday rest is to be allowed, at least 24 hours in length, of which not less than 18 must fall within the 24 hours of the Sabbath day, or a similar rest may be granted every three weeks, with 9 additional holidays of 30 hours' length each year. For employees on locomotives, at signals and switches and in yards, the Sunday rest may be granted every 4 weeks, when it must be 28 hours long, with 22 falling within the hours of Sunday. Such employees are to receive 13 additional holidays of 30 hours each per year. Employees belonging to a church which observes another day of worship than Sunday may be granted such day in lieu of Sunday, on request.
The provisions as to hours of labor and hours and days of rest may be suspended by the minister of waterstaat, commerce, and industry for employees at stations of small importance and for those whose labor is not continuous. The regulations may also be modified by the directors of roads where conformity would interfere with the conduct of their business, but all modifications must be reported to the council of supervision within 8 days.
Schedules showing the labor and rest periods of each employee are to be prepared and posted, so that workmen may be informed thereof. Days are counted from midnight to midnight, and work time includes the time from the moment when the employee must be present to enter on his work up to the time when he is free to enter on a period of unbroken rest. The law of 1902 defines extraordinary circumstances, such as would warrant a departure from its provisions, as only those that can not be guarded against by proper management and foresight.
SWITZERLAND. The hours of labor of employees on railways, in steam navigation, post and telegraphic service, including telephones, and in other enterprises of transportation operated under concessions from the Federation or managed directly by it are regulated by a Federal law, dated December 19, 1902. This law fixes 11 hours as the limit of the actual working time of officials, employees, and laborers of all kinds, which period may be reduced by the Federal Council in appropriate cases. The work period is to be divided into two parts, as nearly equal as possible, by a rest period of at least 1 hour. The time of rest is to be allowed at home where possible.
The period of work must fall within 14 consecutive hours for per-, sons employed on locomotives and trains, and within 12 consecutive hours for female gate keepers. The duty period is fixed at 16 hours' length for other classes of employees if they lodge in company buildings near their places of work, and at 15 hours in other cases. The hours of duty of all males may be extended to 16 when required by special conditions, provided that the periods of duty do not exceed an average of 14 and 15 hours, respectively, in any 3 days.
The rest time of locomotive and train employees is fixed at 10 hours as a minimum, and for the remainder of the force at 9 hours. The 9 hours' rest may be reduced to 8 for employees lodged in company buildings near their place of employment; while both the 10hour and 9-hour periods may be reduced to 8 hours if circumstances require, or if longer periods of rest at home are thereby provided, but the daily average for each class may not be less than 10 or 9 hours in each 3-day period.
Night work, i. e., work between 11 p. m. and 4 a. m., is to be counted as one and one-fourth time. With the exception of night watchmen no person is to be employed at night work for more than 14 nights per month. The employment of females at night is forbidden, except as telegraph and telephone operators and as attendants at waiting and toilet rooms, charwomen, and those engaged in similar occupations.
Fifty-two holidays are to be allowed each year to all classes of employees. These must be suitably distributed, and at least 17 should fall on Sunday. Labor is to be entirely suspended for 24 hours on such days. They may be spent at home, and must always end with a night of rest. The holiday must be prolonged for at least 8 hours if it was not preceded either immediately or with only a slight interval by a prescribed rest period. In addition to these holidays, a continuous vacation of at least 8 days per year is allowed all employees on the principal systems after the completion of the ninth year of service or of the thirty-first year of life. This vacation is to be lengthened one day for each additional 3 years of service. For employees on other roads the total number of holidays and of vacation, is fixed at 60 per annum after the tenth year of service. Service is computed for the above purpose from the date of an employment on any undertaking of transportation or communication coming within the scope of this law. The withholding of salaries or privileges on account of leaves of absence taken as above provided for is forbidden.
Freight service, except for fast freight and the carrying of live stock, is prohibited on Sundays and on New Year's Day, Good Friday, Ascension Day, and Christmas. Cantons may designate 4
additional feast days on which goods not requiring quick transportation will be neither received nor delivered.
When rest periods can not be passed at home, or when meals must be eaten away from home, places must be provided for the convenience of employees, such places to be sanitary, suitably warmed, and to contain provisions for warming the food, unless special difficulties prevent.
Employers failing to conform to the provisions of this law are liable to punishment, even though the employee may have waived his claim to the rests and holidays guaranteed by the statute. In order to facilitate the carrying out of the law, all employees are to be provided with pass books.
The execution of the above law and the promulgation of the regulations necessary therefor devolve upon the Federal Council, and in accordance with its duty in this respect the Council adopted a series of regulations on September 22, 1903. These are in general definitive and directory, but contain some new provisions as well. Thus it is ordered that when the maximum period of work or duty is exceeded by reason of delays of trains the overtime must be compensated for within the 3 following days. Continuous service for more than 6 consecutive hours is to be avoided, as well as the breaking up of the day into an excessive number of work periods.
Of the prescribed rest days, not less than 36 per year should be fixed in advance, and so distributed as to avoid intervals of more than 14 days. The time of the vacation must be determined at the beginning of the year and be so arranged from year to year that each employee will be permitted to enjoy his vacation in the various seasons. Free Sundays are not to be separated by intervals of more than 5 weeks. Cantonal feast days enumerated in the regulations of transportation are considered as Sundays. Where both husband and wife are engaged in railway service their free Sundays must be so disposed that 17 of them shall coincide. Other free Sundays should also be so arranged, if possible.
Employees in temporary service, or those whose term of employment does not entitle them to the full number of free days within any civil year, are to be allowed a number of holidays proportionate to the length of their term of service.
A vacation of 6 weeks is prescribed for women who are confined. In no case may service be resumed before the expiration of 4 weeks after confinement.
The pass or work book of each employee must contain a record of. all modifications of the law that affect his particular case, together with the reasons therefor. He is also to be furnished with a list of his free days, all of which, together with a record of any deviations
from schedule or omissions of free days, are to be open to the inspection of the department of railways.
Holidays and leaves of absence of permanent employees on railways are within the regulations governing the public service.
Conscientious refusal to work on Sunday is not ground for dismissal, except in cases where such work is a necessity. A proportionate reduction of wages may be enforced, however.
A Prussian regulation of July 14, 1888, lays down the general rule that wages of State railway employees will be paid for only the time actually worked. In cases of temporary cessation from work, however, without fault of the employee, he may, if married or having a dependent family, receive two-thirds pay for not more than 14 days, after the manner of a military furlough, provided he has been in the service for at least one year. Workmen absent on account of the performance of military or civic duties receive wages for the period of necessary absence. In cases where personal concerns cause absence the allowance of wages rests with the management. Time lost without excuse may be adjusted for by deductions from pay, the management retaining the control of such matters entirely in their own hands, as well as that of adjustments for overtime work. Workmen regularly intrusted with the duties of subordinate officials receive pay for lost rest days. Pay for the allowed rest periods and for the time granted for attendance at church is also given to such employees as are regularly employed in duties requiring them to work on Sundays and feast days.
A law was promulgated on July 7, 1902, providing for the administration of the Mediterranean, Adriatic, and Sicilian railway systems from January 1, 1902, to June 30, 1905, making provision, among other matters, for maximum and minimum wage scales. These scales were published by a royal decree of August 4, 1902, increases of rates, if any, to take effect from the beginning of the year. Separate schedules were made out for each system, and general regulations were formulated to control appointments and promotions. By their own terms, this law and decree were to be in effect only until June 30, 1905, and no measures seem to have been adopted to secure their continued operation.
FORMING LABOR ORGANIZATIONS, ENGAGING IN
The Commonwealth conciliation and arbitration act of 1904 relates to labor troubles extending beyond the limits of any single State, and includes railway labor in its provisions. By this act all persons and organizations are forbidden, under penalty of a fine of £1,000 ($4,867), to engage in or to continue a strike on account of any industrial dispute.
The only provision of the Belgian law which bears on this point appears to be that of November 15, 1877, which forbids the reemployment of persons who have left service for any reason whatever. (See under Conditions of employment, etc., above.)
A Canadian statute of April 28, 1877, declares that employees on railways carrying mails, passengers, or freight, who deliberately and maliciously violate their contract, knowing that the probable consequences of such action would be to delay or retard the operation of a locomotive, tender, or of freight or passenger cars on a railway, shall, on conviction, be subject to a fine of not more than $100, or to imprisonment for a term not exceeding 3 months, either with or without hard labor. This penalty applies whether the acts mentioned above are engaged in by individuals singly or by several in agreement.
The railway law of France, date of July 15, 1845, directs that engineers or brakemen who abandon their posts during a run shall be punished by imprisonment, the term not to be less than 6 months nor more than 2 years in length.
Section 152 of the industrial code of Germany removes all penalties and prohibitions against craftsmen and industrial employees making agreements or combinations among themselves for the purpose of procuring better wages or conditions of work. Certain classes of workmen are excepted from the provisions of this law, however, and among them are railroad employees, who are held by the Government not to be entitled to the privilege of organization. The Prussian industrial code, section 182, contains a strict prohibition against agreements for the purpose of stopping or delaying work. This law names railway service as among the undertakings to which it applies.