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20. (1) Any infringement of the instructions laid down under $§2. 4. 6. Sub-section (1), 9, 10, and 12, Sub-section (1), 13, 14, 16, 18, last Sub-section, 19, Sub-section (1), and 30, Sub-section (1), shall be punished with imprisonment for not more than one month or a fine not exceeding 100 florins. (2) If at the time of the infringement a period of two years has not expired since a former conviction of the person charged has become absolute, or a fine has been paid which had been imposed on him in consequence of such infringement, such offender shall be liable to a term of imprisonment not exceeding two months or a fine not exceeding 200 florins.

(3) In the event of an infringement of a regulation by the employer, a sentence imposed on him by one of the §§2, 4, 9, and 13, or in consequence of the infringement of a similar regulation by the supervising person, in so far as such regulation applies to them on the strength of §19, a separate punishment shall be imposed in respect of every person in regard to whom one of the $82, 4, 9, and 13 have been violated, and also in respect of every day of twentyfour hours in the course of which one of the §§9 and 13 have been infringed. Furthermore, a separate punishment shall be imposed in respect of every person in regard to whom an infringement of §14 has been committed.

21. Any person who falsely draws up a stone-mason's certificate, or forges such certificate, in order to enable another person to use such certificate for improper purposes, shall be punished by a term of imprisonment not exceeding three months.

A person shall be punished with a term of imprisonment not exceeding one month, or a fine not exceeding 150 florins—

(a) who intentionally makes use of a forged or false stone-mason's certificate as if such certificate were valid and authentic ;

(b) who intentionally makes use of a certificate of which it is evident that it was not issued for his use, and acts as if it were issued for his personal use.

23. In addition to the persons indicated in §8 of the Penal Code, the mounted police, all officials of the National and Municipal Police, and also the officials referred to in §12 of the Labour Act, are charged with the investigation of acts subject to penalties in accordance with §§20, 21, and 22.

24. (1) The officials referred to in the preceding Section shall have access to all places where stone-mason's work is carried on or where it is usual to carry on work or where it may reasonably be presumed that stone-mason's work is carried on.

(2) The country constabulary and forest-rangers, the officials of the mounted police who are not assistant officers of justice, and the officials of the National and Municipal Police below the rank of inspector in the National Country Constabulary and of Commissioner of Police, unless they have liberty of access on some other grounds, shall require for the purpose a special written authority from the Mayor or from the Cantonal Judge. A general written order may be given to the members of the constabulary and officials of the National and Municipal Police, mentioned in the previous sentence, provided the right of access does not flow to them on other grounds, and such order, subject to withdrawal in the meantime, shall be in force for a period of three months. This order shall be issued to members of the constabulary and to officials of the National Police by the Cantonal Judge, subject to approval of the Solicitor-General, acting as Director of Police, and to the Municipal Police by the Mayor, subject to approval of Her Majesty's Commissioner.

(3) Should admission be refused to the officials mentioned in the preceding Section, then they shall, if necessary, obtain admission by calling in armed assistance.

(4) Places referred so under Sub-section (1) of this Section which are at the same time used for dwelling purposes, or are only accessible through a dwelling, shall not be entered against the will of the resident without a special order in writing to that effect, given by the Mayor or the Cantonal Judge. A report in writing shall be made by the official, within 48 hours of such entry having been effected, to the person whose residence has been entered.

25. (1) The officials referred to in §23 are bound to keep secret anything that has become known to them about the trade which is carried on, in premises in which they may enter in pursuance of the Act, provided such things are not in conflict with the provisions of the present or of any other Act.

(2) They shall keep secret, except from persons to whose orders they are ex officio subjected, the names of any persons who have reported a breach of the regulations laid down by, or pursuant to, this Act, unless the said persons shall have declared expressly that they have no objection to the publishing of their names.

(3) Any person who wilfully betrays secrets referred to under Subsections (1) and (2) of this Section, shall be liable to a term of imprisonment not exceeding six months, or to a fine not exceeding 600 gulden, with or without forfeiture of the right to occupy official positions or certain official positions.

(4) Any person responsible for the betrayal of such secret shall be punished with a term of imprisonment not exceeding three months or a fine not exceeding 300 gulden.

(5) No prosecution shall take place unless a complaint be lodged : (a) by the principal or the manager of the establishment, in case of infringement of the regulations enumerated under Sub-section (1) of this Section;

(b) by the person whose name has been mentioned in connection with a breach of the regulations enumerated under Sub-section (2) of this Section.

26. The acts punishable under this Act shall be considered as misdemeanours, except those referred to in the §§21, 22, and 25, which shall be considered as criminal offences.

27. All documents, applications, and dispositions drawn up in pursuance of this Act shall be free from stamp duty and from the formality of registration, and shall be issued free of charge, with the exception referred to in Sub-section (8) of §3.

28. By a general administrative regulation as referred to in §6, or in Sub-section (4), of §9, it may be stipulated that the said regulation shall come into operation on a certain date after the twentieth day from notification thereof.

29. In regard to work-places which come under the provisions of this Act, the Safety Act shall not apply in those cases where special provision has been made by the present Act, or in pursuance of the present Act.

30. (1) Should the members of a co-operative society, in order to attain their object, perform stone-masons' work, the managers of such society shall inform the Mayor of the town of the locality in which the operations are carried on, and also furnish the Chief Inspector of Labour for the District with the name and residence of one of the members whom they wish to see registered as the "employer."

(2) In case of non-fulfilment of this obligation, the Mayor shall have

authority to designate one of the members as the "employer."

31. Should a person in the employ of a public body perform stonemason's work in the service of such public body, the employer shall be considered to be the principal or the manager of the establishment in which such work is being undertaken, or if such work is undertaken outside any establishment, the employer shall be considered to be the principal official of the department in the interest of which such work is being undertaken.

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32. This Act may be referred to as the Stone-masons' Act."

33. (1) With the exception of §§2 and 4, this Act shall come into force on a date to be fixed by Us.

(2) §§2 and 4 shall also come into force thereafter on a date to be fixed by Us.

(3) In deviation from the regulations laid down in §3, a stone-mason's certificate may be given within one year after the day referred to in Sub-section (1), to all persons who have reached the age of eighteen years, and who submit to the Mayor of their place of residence a declaration made by a Chief Inspector of Labour for a District, that such person has previously performed stonemason's work for a period of at least one year.

(4) Should the Chief Inspector of Labour for the District refuse to furnish such declaration, he shall inform the applicant to that effect at the earliest possible time, stating the reasons for such refusal. The applicant may then, within eight days of the date of signature of such communication, lodge an appeal with Our Minister against such refusal.

(5) The decision of the latter shall state his motives. A copy of such decision shall be forwarded to the Chief Inspector of Labour for the District and to the applicant.

Should it be decided that the declaration applied for has been wrongfully refused, such declaration shall thereupon be furnished by the Chief Inspector for the District at the earliest possible time.

(6) A stone-mason's certificate, issued in pursuance of this Section, shall state the name, Christian name, date, and place of birth of the workman. (7) Our Minister shall give instructions as to the form of the declaration referred to in Sub-section (3).

12. Besluit van den 20sten October 1911, houdende bekendmaking van den tekst der Arbeidswet 1911. (Staadsblad No. 319.)

Decree of 20th October, 1911, containing the notification of the text of the Labour Act, 1911. (No. 319.)

TEXT OF THE LABOUR ACT, 1911.

§1.-Introductory Provisions.

1. (1) By work shall be understood, for the purpose of this Act, all work undertaken in or for any enterprise except

(a) work in or for an agricultural, horticultural, or arboricultural undertaking or a stock-farm;

(b) work outside factories and workplaces in or for the undertaking of the person with whom the party carrying out the said work resides, in so far as such work or operations usually also occur outside any undertaking in a household or stable.

(2) Barking oaks, barking osiers, making hoops, and operations in places where flax is broken or swingled, shall be included as within the meaning of this Act.

2. (1) By factories and work places shall be understood, for the purposes of this Act, all spaces, whether open or enclosed, wherein, or for some undertaking, it is the practice to work on the manufacture, alteration, completion, adorning, working-up, or in any other way making suitable for sale or for use, of articles or materials, or where it is usual to subject articles or materials to any operation having this end in view.

(2) Kitchens and installations of this nature where food and beverages are prepared for immediate use, and also apothecaries' shops, shall not be included in the above.

(3) By factories and work places shall be understood, for the purposes of this Act, both electric power stations and electric sub-stations, provided that electric energy is produced, transformed or stored there, in or for some undertaking.

3. In this Act the following words shall be understood as follows:
(a)" Young persons : persons under seventeen years of age.
(b) "Women": female persons of seventeen years old or upwards.
§2.-Respecting the Work of Young Persons and of Women.

4. No child under thirteen years of age, or still liable to attend school, shall do any work.

5. (1) By general administrative regulations, it shall be provided that certain specified kinds of work, or work under certain specified circumstances, shall not be carried out by persons under eighteen years of age and, in factories and work-places, by female persons of eighteen years or older, on the ground of danger to health, to morals or to life, or shall only be carried out subject to the conditions laid down in the said general regulations.

(2) A provision such as referred to in Sub-section (1) may be limited to persons under eighteen years of age, to female persons eighteen years old or upwards, or to a portion of such groups of persons.

6. (1) A young person and a woman in factories and work-places--
(a) shall not work longer than 10 hours per day and 58 hours per
week;

(b) shall not work between 7 p.m. and 6 a.m.

(2) A female person who is married, or who, without being married, has to attend to a household, and has given notice of this fact to the head or the manager of the undertaking, shall not do any work on Saturdays in factories and work-places after I p.m., except in such cases as are specified by general administrative regulation.

(3) By general administrative regulation it may be laid down for all or for some industries, that young persons and women shall do no work on Saturdays, in factories and work-places, after 1 o'clock in the afternoon.

(4) Periods of rest of less than half an hour shall be regarded as periods during which work is being carried on, except whenever, in compliance with Sub-sections (2) or (4) of §7, or in consequence of a condition imposed in pursuance of the present Act, a period of rest of less than half an hour is prescribed. (5) A young person or woman who is in the habit of doing work in a factory or work-place, shall not do work outside the factory or work-place at other times than those during which, pursuant to the first Sub-section of the present Section, they would be permitted to work in factories or work-places.

(6) Our Minister, who is entrusted with the execution of this Act, may, in the interests of a better regulation of the working hours for a particular undertaking, and for a period specified by him, but not longer than up to 1915, conditionally grant that young persons or women may do work in or

for the said undertaking, during a maximum of 10 hours per day, but not more than 58 hours per week.

(7) General administrative regulations may grant to one or to several parishes under the conditions laid down in the present Regulation :

(a) that in factories and work-places young persons of fourteen years of age and upwards, and, subject to the stipulations of the second Sub-section, women, may do work in or for certain industries, certain specified kinds of work, or work under certain specified conditions, between 7 in the evening and 6 in the morning: provided they do not work for more than 58 hours per week, and not longer than 10 hours per day, or by virtue of a concession from the Minister who is entrusted with the execution of the present Act, not more than 10 hours per day;

(b) that women may spit herrings during the period between Ist October and 15th March up to, at latest, 12 c'clock midnight, and from 15th March to 1st June, up to, at latest, 2 o'clock in the morning, on this understanding-that the number of hours during which the said work is carried on shall not amount to more than eight hours per day. The work done between midnight and 2 o'clock in the morning shall be considered to have been done on the previous day.

(8) Should an industry be carried on in any undertaking in which, at certain periods of the year, there is usually an accumulation of work, or should special circumstances arise in an undertaking, the Chief Inspector of Labour for the District may grant in writing, either conditionally or unconditionally, that all the young persons and women who are working in the said undertaking, or a portion of them, may work contrary to the provisions contained in the first and the second, or issued by virtue of the third and the sixth Subsections. When granting the said permission, the District Chief Inspector must take into consideration that work may not be carried on for longer than 12 hours per day and 66 hours in seven consecutive days.

(9) The District Chief Inspector shall be under the necessity of applying for authority from Our Minister who is entrusted with the execution of this Act, for each separate case, before the granting of such permission, as specified in the preceding Sub-section, for longer than six days or before at least eight days have elapsed since the termination of a previous permission applying to the same persons.

(io) In regard to an undertaking where it is usual for cases to arise in which special speed is required, making it impossible for an application to be presented and granted. For such permission as indicated in the Sub-section (8), permission may be granted by or in the name of the Minister entrusted with the execution of this Act, either conditionally or unconditionally, that in such cases the Chief Inspector of Labour for the District may allow all young persons and women who are working in or for the said undertaking, or a portion of them, to work contrary to the stipulations of Sub-sections (1) and (2), or pursuant to Sub-sections (3) and (6). In granting such an authorisation which is given for a period of one year after the signature thereof, and which may only be used within the said period on 24 days, or so much less as the said authorisation lays down, the following conditions must be observed :

(a) that work may not be carried on for more than 11 hours per day and 66 hours in seven consecutive days;

(b) that the work may not commence more than one hour earlier or end more than one hour later than is provided in the first paragraph, or is permitted pursuant to the sixth or the seventh paragraph under (a) of this article.

BULLETIN

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