Regulations in regard to regulating the undertaking, made in pursuance of $7, paragraph 1, §9, paragraph 2, and §10, in the case contemplated in §1, paragraph 1, second sentence, the home workers themselves shall alone be held responsible.

12. Should any person desire to undertake certain home work, with reference to which Regulations have been issued in pursuance of §10, paragraphs 1 and 3, the person responsible according to §11, first sentence, shall be bound to inform the local police authorities in writing prior to the commencement of the work, describing at the same time the location of the workshop.

13. Industrial employers who cause industrial work to be performed in workshops outside their own shall be bound—

(1) to keep a list of the persons to whom they give out work, or by whom the distribution takes place outside the workplace of the industrial employer, describing the workplace of such persons. The list shall be produced or submitted for inspection at any time at the request of the local police authorities, as well as of the industrial inspector;

(2) to give out home work to such workshops only in regard to which they have received proofs that the rooms in which the work is to be undertaken satisfy all the requirements in so far as the furnishing of the said proofs is prescribed.

The obligation of so doing shall rest with those persons who, without possessing a workshop, distribute work to home workers on behalf of industrial employers outside their workshops.

14. The local police authorities may, after hearing the respective employers and home workers, determine by police order, the form of the lists, and whether, and at what intervals, they shall be submitted in the original, or copies, to the authorities referred to in §13, paragraph 1 (1).

15. With reference to industrial branches which are devoted to the production, manufacture, or packing of foodstuffs, industrial employers who cause industrial work to be undertaken in workshops outside their own, as well as persons referred to in §13, paragraph 2, shall be obliged by regulations made in pursuance of §10, paragraphs 1 and 3, to satisfy themselves personally or through authorised persons that the equipment and management of the workplaces satisfies all requirements. This shall be done at suitable intervals of time, and at least every six months.

16. As far as regulations have been laid down in pursuance of $10 for the purpose of carrying out §§7 and 15, they may be extended by order of the local police authorities to undertakings in which persons find employment who may be considered industrial workers within the meaning of the Industrial Code.

17. Unless the Federal Council or the Government of a State regulates the supervision otherwise, §139b of the Industrial Code shall apply.

An inspection during the night shall only take place if facts give rise to the suspicion that the regulations made in pursuance of §§6, 7, and 10 are not being complied with.

18. The Federal Council, in reference to certain industrial branches and districts where home workers are employed, may pass a resolution for the purpose of establishing industrial committees. The resolution may also be passed for particular parts of the empire. The industrial branches, or parts of industrial branches, in respect of which the aforesaid industrial committees

shall be established, as well as the district and headquarters of the said committees, shall be defined in the before-mentioned resolution.

may be undertaken in a similar manner.

19. The industrial committees shall—

Alterations

(1) Assist the State and local authorities by furnishing actual information, as well as expert opinion.

If requested by the State and local authorities, they shall co-operate in the collecting of facts relating to the industrial and economic conditions of those industrial branches which they represent in their district, as well as in furnishing expert opinion, especially in regard to :

(a) the carrying out of §§3, 4, 10, 14 to 16 of this Act ;

(b) the customary intercourse between industrial employers and home workers in their district relating to the interpretation of agreements and fulfilment of obligations;

(2) Consider requests and proposals relating to the industrial and economic conditions of the industrial branches represented by them in their district;

(3) Promote institutions and measures having for their object the raising of the economic condition and the welfare of the home worker, and to co-operate, if requested by the representatives of such institutions, in their administration;

(4) Ascertain, at the request of the State and local authorities in a suitable manner, especially by taking evidence from industrial employers and home workers concerned, as well as from experts, the actual amount of the wages earned by home workers, to give an opinion as to the adequacy of such rate of wages, and to submit suggestions for procuring more adequate remuneration by agreement; and

(5) Further, in any way practicable, the conclusion of wages agreements or collective contracts.

20.

Matters which concern solely the conditions of a single undertaking shall not come under the consideration of the industrial committees.

21. The industrial committees shall consist of an equal number of repre sentatives of industrial employers and of home workers concerned, as also of a president and two assessors. The president, as also the two assessors, shall possess the requisite technical knowledge. The president shall be neither an industrial employer nor a home worker.

Should female home workers be employed in a comparatively large number, they shall be adequately represented amongst the home workers.

22. The provincial authority shall fix the number of representatives. It shall appoint the president and assessors, and, after hearing industrial employers and home workers concerned, it shall appoint one-half of the representatives of each side. The other half shall be elected by a majority of the representatives of the industrial employers and home workers.

Should the district of an industrial committee extend over several Federal States, the appointments shall be effected by the interested State authorities in agreement.

23. Expert opinions, in accordance with §19 (1) and (4) shall be issued with the participation of an equal number of industrial employers and home workers. Whenever these consult together as to the manner of issuing an expert opinion, each party of representatives representing the industrial employers and the home workers respectively shall vote separately. Should the voting show that all the representatives of the industrial employers, on the one hand, and all the representatives of the home workers, on the other

hand, entertain opposite views on the question at issue, the expert opinion shall not be put forward. In this case, both parties shall be entitled to express their opinion in writing, stating at the same time the grounds upon which the said opinion has been based, and to submit this record to the president of the industrial committee. In all cases where a valid resolution has been arrived at, the minority shall be accorded a similar right. The said record shall be appended by the president of the industrial committee to the transactions, and shall be submitted to the authority in question.

24. The Federal Council shall issue all further regulations governing the establishment and composition of industrial committees, together with the method of procedure.

25. The expenditure incurred by the industrial committees shall be liquidated by the Federal States where such committees have been established. In the event of an industrial committee having been established in a district comprising the territory of several Federal States, the expenses shall be discharged in accordance with an agreement arrived at between the several participating States. The Federal Council shall decide all cases upon which an agreement shall not have been realised. The State Legislatures may determine to what extent communes, groups of communes, or the legal commercial representative bodies shall place their offices at the disposal of the industrial committees, including heating and lighting, free of charge.

26. The central authority of each Federal State shall issue notifications within their territory as to what authorities shall come within the meaning of the following denominations: Higher administrative authority, police authorities, local police authorities.

27.

The remuneration paid to home workers shall be held to be payment for work done or services rendered within the meaning of the Act relating to the seizure of wages or monies paid for services rendered.

28. Any persons violating the regulations finally issued for the purpose of enforcing §6, paragraph 2, first sentence, or the regulations issued in accordance with §10, paragraphs 1 and 3, shall be liable to the following penal

ties :

(1) In regard to children, other than their own, to a fine not exceeding 2,000 marks;

(2) In regard to their own children, to a fine not exceeding 150

marks. Habitual offenders shall be subject to a term of imprisonment (Gefängnis) not exceeding six months in the case named under (1), and in the case named under (2) they shall be liable to detention (Haft).

In the case named under (1), $75 of the Code of Judicial Procedure (Gerichtsverfassungsgesetz) shall apply.

29. The following shall be liable to a fine not exceeding 150 marks or, in default, to a term of detention not exceeding four weeks:

(1) Without prejudice to the provisions of §31, the persons referred to in §11, paragraph 1, should they violate the regulations finally decreed in pursuance of §6, paragraph 1, or paragraph 2, second sentence, §7, or the regulations issued in pursuance of §10;

(2) Any person who shall cause industrial work to be performed outside his own workshop in work places as defined in §1 of which he knows, or should know in the circumstances, that their equipment or management does not conform to the regulations issued in pursuance of $10.

In the case named under (2) should the offending person have been twice previously convicted at the time of committing the offence for a transgression of a similar nature, he shall be liable to a fine of from 30 marks up to 300 marks, or to a term of detention not exceeding four weeks. The application of this regulation shall be omitted in cases where three years have elapsed since the conviction of the aforesaid person up to the time of his latest offence.

30. The following shall be liable to a fine not exceeding 30 marks, or to a term of detention not exceeding eight days:

(1) Any person omitting to comply with the regulations laid down. in §3, paragraph 1, §§4, 12, and 13;

(2) Any person acting contrary to the regulations issued in pursuance of $5, paragraph 1, or violating the regulations issued in pursuance of §3, paragraph 2, first sentence, or paragraph 3, and §14.

31. A fine not exceeding 30 marks shall be imposed upon home workers who employ members of their own family [§1, paragraph 1 (1)] and the home workers referred to in §1, pargraph I (2) who offend against the regulations issued in pursuance of §7, paragraph 1, §9, paragraph 2, and §ro.

A similar fine shall be imposed upon home workers who employ only members of their own family [§1, paragraph 1 (1)], if they allow members of their own family employed by them to act contrary to the regulations drawn up with a view to regulating the work.

32. Where, in connection with the carrying out of industrial work, police orders have been violated by persons appointed by the industrial employers with a view to managing the undertaking, or a part of the same, or for supervising, the aforesaid persons shall be held responsible.

The industrial employer himself shall be held liable as well should the aforesaid violation of the police orders have been committed with his full knowledge. The same regulations shall apply should he have shown want of care in the supervision of the undertaking personally, so far as the conditions allowed, or when appointing or supervising the manager or other persons appointed for the purpose of supervising.

33. Orders issued by the Government of a State with a view to regulating the conditions of rooms intended for living or industrial purposes, cr for preventing or avoiding danger to life and health, shall still remain in force, in so far as no more far-reaching regulations have been made in pursuance of this Act.

34. The date on which §§3 and 4 shall come into force shall be fixed by an Imperial Decree, with the assent of the Federal Council.

In other respects the Act shall come into force on the 1st April, 1912.

6. Gesetz, betreffend die Aufhebung des Hilfskassengesetzes (Nr. 3981). Vom 20. Dezember, 1911. (R.G.Bl. 1911, Nr. 68, S. 985.)

Act concerning the repeal of the Friendly Societies Act. (Dated 20th December, 1911.)

I. The Act concerning registered friendly societies (Reichsgesetzblatt 1876, page 125; 1884, page 54) shall be repealed.

2.

The following words shall be omitted in §122 of the Act concerning private insurance societies (Reichs-Gesetzblatt, 1901, page 139):

'the societies established in conformity with the Act dated the 1st June, 1884 (Reichs-Gesetzblatt, page 54), in pursuance of the Act concerning registered friendly societies, dated the 7th April, 1876.”

To this §122 the following Sub-section shall be added:

"The participating State Governments may determine the date from which the societies referred to in §§r and 2 established in pursuance of regulations issued by the authorities of a State shall be subject to this Act, and may issue the requisite regulations for the purpose of carrying out this Order."

3. The regulations of the Imperial and State Acts concerning registered friendly societies and their members shall be applicable to mutual insurance societies which are authorised to insure their members against sickness, and to these members.

4. As regards insurance societies referred to in §3, their religious or political conviction, their activity outside their official duties, and the exercising of the right of assembly on the part of the members, the executive or the officials, shall not in themselves be considered a reason for refusing permission to carry on an insurance undertaking in accordance with §7, Subsection 3, of the Act concerning private insurance undertakings, unless the Acts are contravened.

The interests of the insured shall not be held to be endangered, nor shall the management be considered to have committed a breach of morality (gute Sitten) within the meaning of §§64 and 67 of the Act relating to private insurance enterprises, on account of their religious or political convictions, their activity outside their official duties, and the exercising of the right of assembly on the part of the members, the executive, or the officials, unless the Acts are contravened.

5. As regards societies referred to in §6, the general meeting shall be proclaimed at least four weeks prior to its taking place, in accordance with the procedure laid down in the rules. Should the rules require the election of representatives of the insured, the date of the election shall be published four weeks previously. Fourteen days at least shall be allowed to elapse between the general meeting and the date of the aforesaid election of representatives. Travelling expenses incurred within the empire, as well as other expenses entailed in the election, and loss of wages, shall be reimbursed to the elected representatives in accordance with the detailed provisions of the rules.

As regards these societies, the members shall not be barred from taking legal proceedings for the recovery of claims; but regulations shall be available in accordance with which the claim of a member or separate details of the said claim shall be submitted to arbitration, subject to the condition that the arbitration award shall not be binding upon the member until one month has elapsed from the date of announcement to the member and provided that he has not meanwhile taken legal steps for the recovery of his claim.

6. Insurance societies whose business comes under the heading of §508 of the Imperial Insurance Code (Reichsversicherungsordnung) shall then be recognised as minor societies ($53 of the Act concerning private insurance enterprises) if they do not make payments in cases of death, or if the said payments do not exceed 300 marks. At their request the supervising authorities may decide differently. The insurance societies shall accumulate a reserve fund amounting to at least one year's expenditure, taking as a basis the average of the last five years, and shall maintain the said reserve fund up to this amount. As long as the reserve fund does not reach the required amount, at least one-twentieth of the annual subscriptions shall be applied to that

purpose.