Imágenes de páginas
PDF
EPUB

provisions for the protection of work people appear. Article 22 makes provision to insure the payment of wages to employees and article 37 directs that hours of labor shall not exceed ten out of every twenty-four. This act is still in force, but in 1904 the government took up the question of supplementing the two provisions referred to with other protective features and the minister of public works by a decree of February 23d instituted a commission to take up the study of the question, specific consideration to be given to the subject of determination of minimum wages by the government. The outcome of this investigation, if, indeed, it has been completed, has not yet been reported by the Bulletin of the Italian Bureau of Labor which noted the original appointment of the commission in 1904.*

A special regulation concerning work done in malarial districts is found in a circular of the minister of public works directing that in the specifications for work to be done in such districts clauses shall be inserted requiring the employer to supply the employees with quinine, give them medical assistance if attacked by malaria, properly screen places where the sick are cared for, begin work only one hour after sunrise and cease work an hour before sunset, all of this to be without cost to the employees, but the expense thereof to be included in the contract price for the work, and in case the employer fails to carry out the above regulations, the government to carry them out, charging the cost thereof to the account of the contractor. The employer is, further, not to allow stagnant water to accumulate in the course of excavation work.t

Local Governments.--Concerning regulation of terms of employment on public contract work by the provincial and municipal governments in Italy there is very comprehensive information in the report of the Italian Bureau of Labor, published in its Bulletin, which gives the results of a general inquiry into the subject undertaken by the Bureau in 1904. This report simply enumerates the different regulations found in the various provinces or communes in 1904, stating that such enumeration was by way of preliminary report of the investigation and that the Bureau was to continue its inquiries for the purpose of securing information as to the methods used to enforce such regulation and as to their effect upon the quality of labor employed on public work, manner of execution of the work, cost of the work to the government, etc.

The circular of inquiry sent out by the Bureau asked especially for information as to contract clauses concerning (a) maximum

*Volume I of the Bolettino,p. 231.

†Bollettino dell' Ufficio del Lavoro, I: 231.

Vol. I, pp. 631-643

hours of work, (b) minimum wages, (c) compensation for overtime, (d) holidays, (e) maximum number of apprentices, and (f) maximum number of foreigners or those not from the locality where the work is done. It appears from the report that in 1904 regulations concerning one or more of the above subjects had been adopted by 21 of the 69 provincial governments in Italy, including several of the largest provinces. In several instances these regulations were reported as applicable only to work in connection with the construction or maintenance of highways, but most often they appear as applicable to all public work done under contract for the provinces.

The Provinces.-Clauses limiting hours of work were found in 17 out of the 21 provinces. The maximum fixed varies in the different provinces. In six it is placed at 10 hours; in three at from 8 to 10 and in one at from 9 to 11, according to the time of year; in one at 8 hours (on highway work); in three no specific limit is set, but the hours are fixed in each contract with reference to the time of the year; in one hours are to be those prevailing in the locality; in one they are to be the same as those of government employees in similar work (road work); while in one case it is directed only that the hours shall be such as may be worked in the particular season of the year.

Regulation of wages on public contract work was found in nine of the provinces, such regulation taking the usual form of minimum rates fixed directly by the government and made a condition of the contract. Five of the nine, in addition to rates for regular time, specify also special rates for overtime, holiday or night work, such extra pay to be at a rate one-eighth above the regular rate in one province, one-third higher in another, onehalf greater in two others and double the regular rates in another.

Restriction of work on holidays or at night in the case of public contract work was found in eight provinces, of which two absolutely prohibit work on holidays, while the other six prohibit holiday or night work (two prohibit holiday work, two night work, and two both holiday and night work) unless the government specially permits it.

Restriction of employees on public contract work to natives of the province was reported in two cases, residence in the province (in one for ten years, in the other for six months) being also required in both cases. Two other regulations of provincial governments for the benefit of employees on public contract work were found. One province required that all permanent employees should be insured in the National Insurance Fund (which provides compensation for accidents), the employee to pay two-thirds and the contractor one-third of the premiums. In another prov

ince it is required in the case of work done in the open country that the contractor shall furnish his employees with drinking water and with places for rest, and shall supply them with food at prices not higher than those in the immediate neighborhood.

Specific penalties for infraction by a contractor of regulations concerning terms of employment were reported for four provinces and consisted of fines in two cases, of fines and forfeiture of the contract in one, and of fines, forfeiture of the contract and exclusion from future public contract work in one.

The Communes. The report of the Bureau of Labor shows that more than a hundred of the Italian communal and municipal governments have adopted some sort of regulations concerning the conditions of employment on public contract work. The regulations found in 91 different communes or municipalities, as described in the report, include the subjects of hours, wages, overtime pay, holiday and night work, payment of wages, number of apprentices, insurance against accident, malaria, preference in employment of local labor, employment of women and children, disputes and sub-contracting. The specification of maximum hours is the most common regulation, being found in nearly all of the local regulations enumerated, and specification of minimum wages appears about as often. Hours and wages are limited most frequently by specification of maximum time and minimum rates directly by the government, in some instances after consultation with employers and employees, but in a number of cases local hours and rates as established by agreements between employers and employees are specified as those to rule on the government work, and in several instances it is specified simply that the rates and hours customary in the locality shall apply to the contract. In several cases holiday or night work is prohibited or restricted and less frequently extra compensation for overtime is specified. Preference of employment for natives of the commune or municipality, or those who have resided there for a certain period, is required by several of the local governments. In one or two instances the number of apprentices who may be employed is limited in contracts. In a large number of the local governments it is the practice to prohibit subcontracting, to require payment of wages at least every fif teen days, in some cases under government supervision thereof, and to make applicable to the contract the existing laws concerning employment of women and children, insurance against accidents, and protection against malaria. In two or three cases provision for the settlement of disputes between employers and employees on the work under contract is made, the final arbiter in such cases being some government authority except in one case in which arbitrators named by the parties are to consider dis

putes, with final settlement when necessary by the communal council. The penalties specified in some cases for infringement of regulations are fines and forfeiture of contracts.

Most elaborate of the regulations prescribed by the communal or municipal governments are those in Palermo, which were established by an Ordinance Concerning Clauses for the Protection of Labor, adopted in November, 1903. This directs that minimum wages for each occupation shall be specified in each contract. Hours are fixed at from 9 to 10 according to the season of the year. Overtime must be paid for at rates 15 per cent above the regular rates, and regular hours and overtime together must not exceed 14 hours in each 24. Work on holidays, save in case of emergencies, is prohibited, and on election days time to vote must be granted. The ordinance prescribes also various other regulations concerning payment of wages, subcontracting, penalties for infringement of the various regulations, insurance against accidents, etc. Most interesting among the provisions of the ordinance, however, is one which establishes a Permanent Commission of Labor for the administration of certain features of the ordinance. This commission is composed of the mayor or superintendent of public works of the commune as president, with one member from the communal council chosen by that council, two representatives of the chamber of commerce, two of the chamber of labor and the chief engineer of the local department of technical affairs. It is the duty of this commission to determine the minimum wage rates to be inserted in each contract, the special requirements as to the health and safety of employees which shall be imposed upon the contractor in addition to those established by the police and health authorities, and the propor tion of adults, apprentices and laborers to be employed. It is further provided that any member of the commission may be present when wages are paid.

NETHERLANDS.

Although efforts in that direction have not been lacking, thus far there has been no legislation by the central government in the Netherlands to regulate the conditions of employment on government contract work. At the same time, however, there has been not a little such regulation in the actual practice of some of the administrative departments of the central government principally, if not exclusively, in connection with building work. Foremost in this practice is the Department of Waterways, Commerce and Industry with a general order on the subject bearing date of March 31, 1891. This made obligatory for all contract work under the department's jurisdiction (1) eleven hours as a normal day's work with overtime work on Sundays and holidays

allowable only by direction, or special permission of the department, and (2) insurance of employees against accidental injuries, by the employer, this requirement being notable in view of the absence of any compulsory insurance law in the Netherlands. In addition to these obligatory features the order specified others to be considered in connection with each contract, but to be incorporated therein at the option of the department according to the circumstances of each case. These provide for, (1) the fixing of minimum wages corresponding to those of the time and place, for an eleven hour day with increase in case of overtime work of 10, 20 or 30 per cent respectively for the 1st, 2d or 3d additional hours, and of 50 per cent for time above 3 hours, or for Sunday and holiday work and with piece wages, when paid, at such rates as will insure earnings at least equal to those fixed for time work, no lower rates than those so fixed to be permitted except in case of permanent employees of the contractor who as such receive lower rates, or in the case of those who by reason of age or disability are unable to earn the established rates; (2) weekly payment of wages to the employees in person, with report to the government for the purpose of supervision of the time and place thereof, submission of payrolls to government inspection, and posting of the schedule of hours and wages at the work places; (3) limitation of the number of employees under 23 years of age to 25 per cent of the whole number; and (4) permission to sublet, where minimum wage rates have been fixed, only on the condition that the subcontractor shall bind himself to observe these rates,

The Austrian report of 1900, from which the above details. concerning the order of the Department of Waterways, Com*merce and Industry are taken, stated (p. 37) that others of the central government authorities had "recently" taken similar steps with respect to contract work under their jurisdiction. How extensively such regulation has become the practice in other departments in more recent years cannot here be stated, but there is evidence of its existence to some extent in several others at least. Thus in a report by the Central Bureau of Statistics of The Netherlands concerning wages and hours of labor on government contract work in 1902* there is incidental allusion to the fact that nearly all work under the jurisdiction of the Department of War was carried on with minimum wages prescribed by the department. Again, in a similar report for 1903 (p. vi) reference is made to contract specifications of the Department of Justice which, like the general order of 1891 in the Department of Waterways, Commerce and Industry above described, restrict the number of employees under 23 years of age on government *Overzicht betreffende de Loonen en den Arbeidsduur bij Rijkswerken in 1902, p. 5.

« AnteriorContinuar »