INTERNATIONAL L A B O U R OFFICE oOO^OO« STUDIES AND REPORTS Series D (Wages and Hours) No. 9 HOURS OF LABOUR IN INDUSTRY SWITZERLAND NOVEMBER 1923 GENEVA CONTENTS EXISTING LEGISLATION Federal Act and Order on Hours of Work in Factories Federal Act and Orders on Hours of Work on Railways. Decree of the Federal Council of 18 August 1923 Basle (Town) : Act of 8 April 1920 on Hours of Work Page 5 6 9 13 ADMINISTRATION Limitation of Hours of Work Distribution of Hours Modified Normal Working Week Overtime The Shift System 15 16 16 19 19 COLLECTIVE AGREEMENTS Printing and Allied Trades Food Industry Building Road Transport 21 22 22 24 PROPOSED REGULATION Federal Act of 1 July 1922 amending the Factory Act Arts and Crafts and Commerce 25 • 26 Existing Legislation The 48-hour week was established by law in Switzerland by the Federal Act of 27 June 1919 on hours of work in factories (1), amending the provisions of Part II, Hours of Work, of the Federal Act of 18 June 1914 on work in factories. Section 41 has been again amended by an Act of 1 July 1922, but the operation of this amendment is deferred pending the result of a referendum (2). In transport undertakings hours are regulated by the Federal Act of 6 March 1920 on hours of work on railways and in other services connected with transport and communications (3). The administration of the Act of 18 June 1914-27 June 1919 is provided for in the Order of 3 October 1919 (4) on the administration of the Federal Act on hours of work in factories, and by the Decrees of the Federal Council of 3 April 1922 and 7 September 1923 amending certain provisions of the Order ; that of the Act of 6 March 1920 by Orders Nos. I and II of 12 August 1921 (6) on the administration of the Federal Act on hours of work on railways and other transport undertakings, and the Decree of the Federal Council of 18 August 1923 concerning the extension of the hours of work of persons employed on the Federal Railways. The Confederation is empowered by Section 34 of the Federal Constitution of 29 May 1874 to legislate on hours of work in factories and on conditions of labour in dangerous and unhealthy trades. These powers were extended in 1908 so as to include small industries (" arts and crafts ") and commerce. The Cantonal laws may therefore only deal with hours of work of such categories of workers as are not yet covered by Federal legislation. An Act on hours of work was passed on 8 April 1920 by the Canton of Basle (Town) (6), and an Administrative Order was issued on 4 August of the same year (7). (') Recueil officiel des lois et ordonnances de la Confédération suisse, Vol. XXXV, 1919. Berne, Imprimerie K.-J. Wyss Erben. English translation in INTERNATIONAL LABOUR OFFICE (Basle) : Bulletin, Vol. XIV, 1919, p p . 205-209. (2) See below, pp. 25-26. (3) Recueil officiel, Vol. XXXVI, 1920. English translation in INTERNATIONAL LABOUR OFFICE : Legislative Series, 1920, Switz. 1. (*) (B) (•) (') Recueil officiel, Vol. XXXV, 1919. Recueil officiel, Vol. X X X V I I , 1921. Legislative Series, 1920, Switz. 2. Ibid. 1920, Switz. 3. — 6 — F E D E R A L A C T AND ORDER ON H O U R S OF W O R K IN FACTORIES Scope The Act of 18 June 1914-27 June 1919 and the Order of 3 October 1922 on hours of work in factories apply to all industrial establishments defined as factories. An industrial establishment is defined as a factory if it employs several workers away from home, whether on the premises of the establishment or its dependent yards, or on work outside connected with the undertaking (Section 1) (1). The following are deemed to be factories (Section 1 of the Order) : (a) industrial undertakings in which 6 or more workers are employed and mechanical power is used ; (b) industrial undertakings in which mechanical power is not used b u t in which 6 or more workers, including at least one under 18, are employed ; (c) industrial undertakings in which mechanical power is not used and young persons are not employed, but 11 or more adult workers are employed ; (d) industrial undertakings in which fewer workers than those specified above are employed but in which there is special danger to the health and lives of workers or which, from the type of work carried on, are unmistakeably of the nature of factories. Steam boilers which are directly used for purposes of manufacture are included in the term "mechanical p o w e r " . The Act also covers the principal workshops of railways and other transport undertakings. Auxiliary undertakings connected with such works, such as stations for charging accumulators and gas works are not subject to the Factory Act if their work is mainly for transport services and must follow the time schedules of such services (Section 26 of the Order). The Act covers all persons employed in connection with an industrial undertaking, including members of the family of the manufacturer (Section 2 of the Order), with the following exceptions (Section 3 of the Order) : a) workers employed exclusively in their living rooms ; (b) members of the family of the head of the establishment employed in the undertaking, no third parties being employed ; (c) persons employed exclusively in cleaning operations outside the working hours of the factory ; (d) the staff of the commercial and technical offices ; (e) persons to whom the manufacturer has assigned important managerial functions or an agency outside the works ; (') Unless otherwise stated, the references are to the Sectionsof the Act. (/) partners in a private company, and partners with unlimited liability in a public company or limited company (1). Limitation and Distribution of Hours of Work The Act prescribes a maximum working week of 48 hours for undertakings which work in a single shift (2). When working hours on Saturday are less than 8 and when the weekly hours of work would in consequence be less than 48, the remainder of the 48 hours may be made up on the other working days (Section 40). In industries or factories in which adherence to the working hours specified by the Act is liable to endanger the health or life of the workers, the Federal Council may reduce the length of the working day (Section 46). A break of at least one hour shall be granted about midday, except when the working day does not exceed 8 hours and is interrupted by a break of at least half an hour, or when work ceases not later than 1 p.m. In undertakings employing a single shift the breaks must not be deducted from the working hours unless the workers are able to leave their workplaces (Section 42). If the breaks are granted in rotation the working hours of each worker must fall wholly within a period of 12 consecutive hours (Section 139 of the Order). When day work is divided into two shifts,- the daily working hours for any worker must not exceed 8, and must fall within a period of 9 consecutive hours (Section 47(ö) of the Act). The regulations concerning hours of work may not be evaded by giving out work to be done at home. Workers may not work in the factory, even voluntarily, beyond the hours authorised by the Act (Section 45 of the Act). Permanent Exceptions Accessory Work. Subject to certain restrictions as to breaks, rest periods, etc. (Section 180 of the Order), the regulations limiting working hours do not apply to accessory work preceding or following the process of manufacture properly so called (Section 64). (') The Act therefore does not apply to small industries (arts and crafts) or to the building industry. The building industry as such is not subject to the Act, but certain industrial establishments which are connected with the construction or equipment of buildings come within the scope of the Act if they fulfil the conditions for being defined as factories within the meaning of Section 1 of the Order. Further, any work of construction (building, navvying, excavation, canalisation, hydraulic construction, pipe laying above or below ground) performed by the workers of a factory outside its premises is not deemed to be an industrial part of the undertaking (Section 7 of the Order). (a) The term " a single shift " must not be taken literally. In practice the normal hours of work may be spread over groups of workers within the limits of the working day, and the Decree of the Federal Council of 7 September 1923 contains a clause in accordance with this practice. Accessory work is defined as follows : the working and upkeep of ventilation, water, light, heat, cooling, steam and power plant ; repair of shafting, machines, and furnaces in order to prevent interruption of work on the following day ; repair of means of mechanical transport in and about the factory ; urgent structural repairs ; extensive cleaning and maintenance operations in the workrooms effected once a week or at longer intervals ; daily cleaning of the workrooms and removal of rubbish on which only a small proportion of the workers are employed ; work of supervising staff, watchmen, porters, and messengers ; handling of incoming and outgoing goods, and carriage and delivery to customers ; loading and unloading of railway wagons on industrial branch lines ; the lighting of fires and furnaces ; and in addition certain particular processes in various specified industries ; in some cases with limitation to working days or to certain hours of the working day (Section 178 of the Order). Permits for accessory work of other kinds may be granted by the Industrial Division (Section 179 of the Order). Workers may not be employed to clean the workrooms and plant of the factory otherwise than within the limits of the weekly hours of work permitted by law (Section 138 of the Order). Continuous Processes. The working hours of a shift must not exceed an average of 56 a week. The duration of work of an individual worker must not exceed 8 hours and the duration of a shift must not exceed 9 hours in 24. Each worker must be given 52 free days in the year, of at least 20 hours each, of which at least 26 must be Sundays (Sections 53 and .54 of the Act and Section 169 of the Order). Night Work and Sunday Work. In addition to accessory work and continuous processes, the Swiss Act grants permanent exceptions for regular night or Sunday work and temporary night or Sunday work (Sections 53 and 54 of the Act, Section 163 et seq. of the Order) for which the period of actual work is 8 hours in a shift of not more than 9 hours. In all these cases the average working week may exceed 48 hours. Temporary Exceptions Modified Normal Working Week. The Federal Council may authorise in particular industries a weekly maximum duration of work of 52 hours if this is justified by urgent necessity, particularly if through the enforcement of the 48-hour week an industry runs the risk of being unable to withstand competition on account of the different duration of working hours in other countries (Section41 (a)). Applications may be made by individual manufacturers and are dealt with by the Division of Industry and Arts and Crafts in the Federal Department of National Economy. — 9— Overtime. In case of necessity duly proved the competent authority may authorise an extension of the working day as an exception and temporarily by a specified number of hours and for a specified number of workers. The extension may not exceed 2 hours a day except in urgent cases (Section 48). This permission shall be granted for not more than 10 working days by the district or local authority and for more than 10 working days up to a maximum of 20 days at a time by the Cantonal Government. Permission shall not as a rule be granted for more than 80 days in the year. This number may be exceeded in certain cases, particularly in seasonal industries, when'there is pressure of work and an agreement to this effect has been made between employers .and workers (Section 49). Certain restrictions are imposed on prolongation of the working day on Saturdays and the eve of holidays (Section 50). An employer who is obliged in emergency to contravene the regulations without previously applying for permission must notify the competent authority not later than the following day (Section 63). All overtime must be paid for at an increase of 25 per cent. • on the normal fixed rates of wages (Sections 149 and 150 of the •Order). The 48-hour week may also be extended on account of night work, Sunday work, and night work and Sunday work for which a temporary authorisation has been obtained (Section 52 of the Act, Section 157 et seq. of the Order). Transitional Provisions The Federal Council may fix a transition period of not more than six months from the time when the Act comes into force (*) for the application of the Act to certain industries, provided t h a t the weekly hours of work during this period shall not exceed 50 (Section 41 (b)). If it is essential for the running of a factory the Federal Council may allow a period of grace for the change from the two-shift to the three-shift system in continuous-process industries on .conditions to be determined by it (Section 53). F E D E R A L A C T AND ORDERS ON H O U R S OF W O R K ON RAILWAYS AND IN TRANSPORT Scope The Federal Act of 6 March 1920 and Orders No. I (railways and waterways) and No. I I (posts, telegraphs, telephones, and (*) The Act came into force on 1 January 1920 (Sections 218 and 219 of the Order). — 10 — motor transport) of 12 August 1921 on hours of work on railwaysand in other services connected with transport and communications apply to the following undertakings : (a) the Swiss Federal Railways ; (b) the postal services ; (c) the telegraph and telephone services ; (d) undertakings in connection with transport and communications licensed by the state. The Federal Council may also extend the application of the •Act to subsidiary undertakings which are essential or very useful to the working of the undertakings named above. The Act applies to persons employed on the permanent staff of the undertakings covered who spend the greater part of their time in such employment and are engaged only for their personal services, but not to persons employed on new constructional works and extensions unless their employment is essential to the safety of the undertaking (Section I). Limitation and Distribution of Hours of Work Hours of Work. The average daily hours of work may not exceed 8, this average being calculated for a period of not more than 14 working days which may be either consecutive or interrupted by single days of rest (Section 3 (1)). Working Day. The working day is defined as consisting of a work shift and a period of rest. A work shift is reckoned from the time of beginning work after a period of rest to the beginning of the next period of rest and includes both hours of actual work. and breaks (Section 2). Breaks. An interval of at least an hour shall be allowed about half-way through each working day. It may be dispensed with when the work shift does not exceed 8 hours and when the workers can have a meal during working hours (Section 4). Travelling. Time spent in travelling on foot or otherwise from one workplace to another during working hours and half the time spent by the worker in travelling from his home to his workplace and back without being required to work is counted as work (Section 4 of the Orders). Work Shift. The average daily length of a work shift estimated over a period of not more than 14 working days, either consecutive or separated by single holidays, may not exceed 13 hours or, for a worker living close to his workplace, 13 Y2 hours. Wherever circumstances permit the average work shift shall be reduced to 12 hours. A single work shift shall not exceed 14 hours; in — 11 — ¿pecial circumstances to be defined by Administrative Order, it may be extended to 15 hours, including time off duty in exchange for overtime, provided that the average length of the shift over 3 consecutive days does not exceed the normal limits fixed above. Equivalent time off duty shall be given within the next 3 working •days when for some urgent reason the work shift exceeds the prescribed maximum by more than a quarter of an hour (Section 5). Rest Periods. The average daily length of a rest period calculated over a period of not more than 14 working days, either •consecutive or interrupted by single holidays, may not be less than 11 hours, or 10 % hours if the worker lives close to his workplace. Wherever circumstances do not compel adherence to the Jower limit, the average rest period shall not be reduced below 12 hours. The minimum length of a single period of rest, including time off duty in exchange for overtime, is 10 hours ; in special circumstances to be defined by Administrative Orders it may be reduced to 9 hours, provided that the average period over 3 consecutive days does not fall below the normal average length prescribed above (Section 6). Holidays. Every official, employee, or worker covered by the Act is entitled annually to 56 days of rest of 24 hours each, each rest day being preceded either immediately or with a short interval by a period of rest of at least 9 hours, and to holidays varying from 1 to 4 weeks per year according to length of service (Sections 9 and 10) (*). Overtime When the working day for some urgent reason exceeds the prescribed maximum by more than a quarter of an hour, equivalent time oñ duty shall be allowed within the next 3 working days, \mless the worker concerned agrees to accept payment for overtime. No worker shall work overtime, without being allowed equivalent time oñ duty, for more than 150 hours in a calendar year. Within a single work shift the hours of work shall in no case exceed 10, inclusive of time off duty allowed in exchange for overtime ' (Section 3). Legal Extension of Hours in Exceptional Cases In certain specified employments which consist mainly in being in attendance at a given place, the average hours of work may be extended to 9 (Section 3 (2)). For the purposes of the Act hours (*) The provisions on rest days and holidays have the effect of reducing t h e total working hours per year to a number varying from 2,424 in the first seven years of service to 2,280 after the age of fifty, so t h a t the average weekly hours of work are in reality from 46.4 to 43.8. A similar effect is produced for the workers specified below under Legal Extension of Hours of Work in Exceptional Cases, their working day being 9 hours. — 12 — of attendance are defined as the time during which the worker is not required to perform actual work but must be on the alert at his post and prepared to carry out at once any work which has to be done (Section 5 (2) of the Order). The following employments are specified in the Orders (Sections). Railways. Permanent way staff, all station staff, reserve train staff, rack-and-pinion and funicular railway staff ; the following classes of locomotive duty in so far as they do not come under the Factory Act : reserve shifts, auxiliary and accessory work in t h e yards, and getting up steam ; maintenance and cleaning of rolling stock ; charging of accumulators ; duty on electrical power stations and sub-stations; locomotive duty on rack-and-pinion and funicular railways ; maintenance of electrical transmission plant. Shipping. Pier staff and staff afloat ; mechanical staff, including workers in repair yards ; reserve shifts and auxiliary and. accessory workers in depot services. Sleeping and Restaurant Cars. Station and workshop staff,. including booking clerks, stores staff, and workers engaged on the maintenance and cleaning of rolling stock; train staff who work mainly on Swiss territory. Postal and Telegraph Services and Motor Transport. Office staff, mail porters, messengers, postmen, express-letter delivery services; telegraph office and delivery staff; inspectors and cleaners - of cars and coaches, mail messengers, and drivers of mailcars. Temporary Exceptions In cases of special necessity and in particular on local lines, the Federal Council may, after ascertaining the views of the staff concerned, sanction exceptions to the provisions of the Act (Section 16). In transport undertakings (railway, motor, etc.) where there is heavy seasonal traffic the daily hours of work may be extended by 1 hour per day during at most 5 months in the year, with the consent of the staff concerned, provided that correspondingly shorter hours are worked during the remainder of the year (Section 6 of the Orders). Working hours may be extended to 11 on at most 10 Sundays and holidays in the year for station and travelling staff of local railways and shipping undertakings and motor transport staff during heavy seasonal work, provided that extra payment is given for the extra work, or that corresponding time off is given during the next 3 days (Section 7 of the Orders). — 13 — Wage Regulations All overtime (except when equivalent time oñ duty is allowed) shall be paid at 25 per cent, increase on the ordinary rates (Section 3). Wages must be paid for all rest days and holidays provided in the Act (Section 15 (1)). No reduction shall be made in the total wages or salary for the calendar year on account of amelioration of working conditions under the Act, nor shall employees claim any increase on this account (Section 15 (2)). * Advisory Commission The Federal Council appoints, for the period of office of the Federal Administration, a Commission consisting of a chairman and from 10 to 14 members, nominated in equal numbers by the managements and staffs of the undertakings concerned. The Commission is to advise on proposed Administrative Orders and on questions upon which the Federal Council may have to issue general Orders or, decisions on appeals, complaints, and penalties (Section 18). Decree of the Federal Council of i8 August IQ23 The Federal Council made use of its powers under Section 16 of the Act (cf. Temporary Exceptions above) to issue the following Decree on 18 August 1923. (1) The average working day of 8 or 9 hours established b y Section 3 ( 1 ) and (2) of the Act shall be extended to 8 % or 9 y2 hours until further notice for : (a) staff employed on the maintenance and supervision of the permanent way from 1 April to 31 October each year ; (è) train staff ; (c) staff employed on the maintenance and cleaning of rolling stock. (2) The average hours of attendance (work shift) of 13 or 13 y2 hours a day (Section 5 (1) of the Act) remain unchanged. The above exception applies to the current time-table period and to the next, unless circumstances arise which permit of its cancellation at an earlier date. The extension of hours of work may not be applied to grades of staff other than those specified. or beyond 1 June 1925 unless the conditions for the continued enforcement of Section 16 of the Act still exist. BASLE (TOWN) : A C T ON H O U R S OF W O R K The half-Canton of Basle (Town) is the only Swiss Canton which has enacted legislation limiting the duration of hours of work — li — to 48 in the week in those undertakings to which the provisions of the Factory Act do not apply (*). The Act of 8 April 1920 on hours of work applies to "all employment whether public or private within the Cantonal area and to domestic service and home work " and therefore covers arts and crafts. It fixes a maximum of48 hours per week and 8% per day for officials, employees, and workers, with certain exceptions. These exceptions, with the maximum hours in each case, are as follows : building, underground construction, and construction above ground which is dependent on the weather, 9 hours per day in the building season and a weekly average of 48 hours ; bakers and confectioners, gardeners, hairdressers, drivers of motor lorries, shop assistants, and livery stable men, 51 hours per week and 9% hours per day ; staff of chemists' shops, theatre employees, and persons who work in the house of private customers, 54 hours per week and 10 hours per day ; caretakers, drivers of taxi-cabs, messengers, and home workers, 60 hours per week and 10 hours per day ; employees in hotels and restaurants, 60 hours per .week (10 hours per day for kitchen staff, 12 hours per day for other workers). Overtime, which must be paid at not less than 25 per cent. above the normal wage, including bonuses if any, is only allowed in exceptional cases. A maximum of 1 hour per day and 26 hours per year may be worked without permission. The competent authority may authorise extensions of daily working hours by not more than 2 hours per day with a maximum per year of 60 hours for female and 100 hours for male workers. (l) Other Cantons have enacted protective measures, especially for women and children, applying to undertakings not covered by the Factory Act. The Federal Act of 31 March 1922 on the employment of children and young persons in arts and crafts prohibits night work for women and young persons in undertakings not covered by the Factory Act. — 15 — Administration LIMITATION OF H O U R S OF W O R K The report of the four Federal factory inspectors for 1920-1921 I1) gives information on the first two years' working of the Act of 27 June 1919 on hours of work in factories. The inspectors point out that neither of the two years covered by the report were at all normal. In 1920 the enforcement of the Act was hampered by the difficulty of changing to a 48-hour week from one of 59 hours (the former maximum (2), which was still in force in a large number of factories, though in many cases a shorter week was introduced before 1 January 1920, chiefly as a result of collective agreements). In addition the terms of the Act were still imperfectly known. In 1921 Switzerland was suffering from unpredecented industrial depression which caused widespread unemployment ; this led to a reduction in the number of applications for permits for overtime, though the modified working week of 52 hours was still widely used. General statistics showing the reduction of hours caused by the introduction of the Act are not available. The inspector of the St. Gall district, however, carried out an investigation in 1,609 factories which were subject to inspection during each of the three years noted and are probably a fair sample of conditions generally. The percentages of this number with various weekly working hours were as follows : Year Up to 64 1917 1918 1920 25 — _ 6t '/a 11 — _ _ 59 Hours 57 55 52 48 39 69 11 10 10 7 4 13 8 — 1 92 _ _ During the period covered by the report the normal week of 48 hours was in force in the great majority of factories. A f1) DÉPARTEMENT FÉDÉRAL D E L'ECONOMIE PUBLIQUE : Rapport des inspecteurs fédéraux des fabriques sur leurs fonctions officielles dans les années 1920 et 1921, Aarau, H.R. Sauerländer, 1921. For purposes of factory inspection Switzerland is divided into four districts with headquarters a t Lausanne, Aarau, Zurich, and St. Gall respectively. (2) The 59-hour week came into force on 15 November 1917. — IG — shorter working week, however, was not infrequent. For instance, in the Aarau district, out of 1,932 factories 36, or 1.8 per cent., had a working week of 47% hours, and 19, or 1 per cent., had a week of from 47 to 44 hours. The 44-hour week was general in some parts of Switzerland for machine compositors in the printing trades under collective agreements ; in a few printing works in Zurich machine compositors had a week of 42 hours and other workers 45 hours. In large chemical works in the Aarau district the nominal working week of 48 hours represented about 44 hours actual work, on account of the margin allowed on entering and leaving for changing, washing, etc. DISTRIBUTION OF HOURS The Saturday half-holiday is reported to be general. In the St. Gall district Saturday afternoon was free in 95 per cent, of the factories inspected. The distribution of the 48 hours over the week varies. The commonest system consists of 83A hours on each of the first five days and 4 V« hours on Saturday. In some cases no work is done on Saturday, the 48 hours being distributed over the other five days. The 9-hour day is seldom exceeded, though one of 10 hours is occasionally found. MODIFIED NORMAL WORKING WEEK General Permits According to the Feuille fédérale the number of permits to work 52 hours per week granted or renewed for the whole of an industry was as follows : Year 1920 1921 1922 1923 (7 months) New permits issued Permits renewed 16 — 7 1 — 7 11 16 The list of permits to work 52 hours per week granted to the whole of an industry is given below by industrial groups. — 17 — GENERAL PERMITS FOR 52-HOUR WEEK GRANTED BY THE FEDERAL DEPARTMENT OF NATIONAL ECONOMY IN 1921, 1922, AND 1923 (x) Validity of permit Months (approximate) Industry From To Permits in Force Textiles Cotton doubling Cotton piece goods (singeing bleaching, dyeing, and finishing) Linen, including tubular weaving and flax cord manufacture Embroidery (hand-machine) Embroidery ine) 16 June 1922 31 Dec. 1922 1 Jan. 1923 31 Dec. 1923 12 16 June 1922 31 Dec. 1922 1 Jan. 1923 31 Dec. 1923 12 4 1 1 1 9 1 ft% e y2 Apr. July Jan. Mar. Jan. Jan. 1922 1922 1923 1920 1922 1923 30 31 31 31 31 31 June Dec. Dec. Dec. Dec. Dec. 1922 1922 1923 1921 1922 1923 3 6 12 22 12 12 1 Mar. 23 Sept. 4 Apr. 1 Jan. 1 Mar. 1 Jan. 4 Apr. 1 Jan. 1920 1921 1922 1923 1290 1923 1922 1923 31 Mar. 31 Mar. 31 Dec. 31 Dec. 30 June 31 Dec. 31 Dec. 31 Dec. 1920 1922 1922 1923 1920 1920 1922 1923 1 6 9 12 4 12 9 12 9 Jan. 1922 31 Mar. 1922 4 Apr. 1922 31 Dec. 1922 1 Jan. 1923 31 Dec. 1923 3 9 12 (shuttle-mach- Embroidery (chain-stitch) Embroidery (Lorraine point) Embroidery (mending, sewing, cutting, etc.) Embroidery (singeing, bleaching, dyeing, and finishing) Straw plait manufacture H a t and cap manufacture Wood Sawmills and carpentry and allied trades 4 Apr. 1 Jan. 1 Mar. 23 Sept. 4 Apr. 29 June 1 Jan. 1 July 1 Mar. 30 Jan. 1 July 1 Jan. 1 July 1922 1923 1920 1921 1922 1922 1923 1923 1920 1922 1922 1923 1923 31 Dec. 31 Dec. 31 Mar. 31 Mar. 30 May 31 Dec. 31 Dec. 30 June 30 June 30 June 31 Dec. 31 Dec. 30 June 1922 1923 1920 1922 1922 1922 1923 1924 1920 1922 1922 1923 1924 9 12 1 6 2 6 12 12 1 Mar. 28 Mar. 4 Apr. 12 Mar. 1920 1921 1922 1923 30 15 15 15 1920 1921 1922 192« 7 (') 50 hours. (>) Feuille fédérale suisse, 1921, 1922, 1923. Sept. Oct. Oct. Oct. 4 0 5 6 12 12 6 y2 6 y2 7 18 Validity of permit Industry Months (approximate) To FronI Permits in Force Brick, tile, pottery Tile and brick manufacture (including sandlime bricks) 26 28 4 12 Earthenware stove manufacture 1 Chemical Soap, stearin, and paraffin candle manufacture 16 1 Apr. Mar. Apr. Mar. 1920 1921 1922 1923 15 15 15 15 Oct. Oct. Oct. Oct. 1920 1921 1922 1923 5 y, 6 y2 e y2 7 July 1923 31 Oct. 1923 June 1922 31 Dec. 1922 Jan. 1923 31 Dec. 1923 4 6 y2 12 Permits Expired Textile Dyeing and dry-cleaning Embroidery (hand-machine woven) Wood Firewood chopping by machinery Wood impregnation (copper sulphate) Food Pork-butchers' and preserved meat manufacture Vegetable preserving Italian paste manufacture Condensed milk Breweries (Canton of Ticino) 26 Apr. 1920 31 Oct. 1920 28 Mar. 1921 31 Oct. 1921 6 7 1 Mar. 1920 31 Dec. 1920 10 1 Mar. 1920 end of season — 26 Apr. 1920 30 Sept. 1920 28 Mar. 1921 30 Sept. 1921 5 6 1 Mar. 1 May 4 July 18 May 1 Mar. 1 Apr. 16 Apr. 6( 1 ) 6 4 1920 1920 1921 1922 1920 1920 1920 31 31 31 31 30 30 15 Aug. Oct. Oct. Oct. June Sept Oct. 1920 1920 1921 1922 1920 1920 1920 s y2 4 6. 6 (') 50 hours. Individual Permits The section of the report of the Federal Council for 1922 dealing with the Department of National Economy contains the following table showing the number of permits to work 52 hours per week granted to isolated factories or groups of factories. Industry Textiles Clothing (including altering and outfitting) Food Chemicals Electricity, gas, and water Paper and printing Wood Metal and engineering Watchmaking Earth and stone Total Number of factories 179 214 32 20 1 24 46 154 98 19 787 — 19 — OVERTIME Applications for overtime were numerous in 1920 but showed a considerable decrease in 1921 on account of the widespread unemployment in most industries. Statistics are given on page 20 : of the number of permits for overtime granted in 1920-1921. I t is pointed out that the figures are not altogether accurate, as the returns are known to be incomplete, but they may serve t o indicate the industries in which overtime is most frequent. No figures are available of the total amount of overtime worked in different factories. The inspector of the Aarau district reports that the daily and yearly limits of 2 hours and 80 days are frequently exceeded. The inspector of the Zurich district, on the other hand, states that the limit of 2 hours has only been exceeded in a very few cases of. genuine necessity and that the number of permits for more than 80 days was 16 in 1920 and only 6 in 1921 (machinery, 8 ; textiles and clothing, 6 ; printing, 4 ; paper, leather, etc., 3 ; woodworking, 1). Numerous complaints from employers are reported to the effect that workers work in their free time, either on their own account or for another employer. The workers in an artificial stone factory at Zurich, for instance, loaded sand for another employer at 2 francs an hour in their free time, so working up to 13 hours per day. Small employers especially object to this practice, as it often exposes them to undercutting by their workers ; a clause against working for pay outside the factory on behalf of a third person is often included in collective agreements. It is probable, however, that the practice is not sufficiently general to effect to any great extent the length of the average working day. THE SHIFT SYSTEM In industries worked in shifts the Act lays down the principle; of an 8-hour day, worked within a period of 9 consecutive hours I1). In continuous-process industries with three shifts 12-hour shifts are allowed at the change-over betwen Friday evening and Tuesday morning, provided that the working week does not exceed 56 hours on the average. In practice, however, it appears that the maximum of 56 hours is frequently not reached, owing to the use of auxiliary shifts or to the fact that at certain times the undertaking can be left to run itself. (') See above, p. 7. — 2ü — NUMBER OF ESTABLISHMENTS OBTAINING PERMITS FOR OVERTIME AND NUMBER OF PERMITS GRANTED IN 1 9 2 0 AND 1921 (*) Establishments Establish- obtaining permits for ments Industry Cotton Silk Wool Linen 1920 1921 1920 1921 1920 1921 1920 1921 subject to the Act Monday to Saturday and eve Friday nf OT hnl nOliuajFS Monday Saturday and eve More to I t o 10 11 to 20 1 or 2 of than Friday holidays days days days 2 days 324 334 207 208 70 77 32 32 76 59 64 23 23 15 5 2 11 9 18 7 5 6 3 1 — -— 121 116 65 14 45 18 14 2 25 10 24 11 6 2 1 1 — 961 925 193 51 30 12 160 51 172 32 25 14 9 2 120 112 30 21 7 7 18 53 42 26 5 26 7 9 935 899 177 99 64 45 173 112 219 94 86 73 33 14 719 691 255 240 89 47 20 30 27 19 8 7 63 46 14 14 109 39 25 7 25 27 12 7 15 7 4 275 293 3 5 — 1 1 1 3 3 — 266 261 503 509 1147 1073 715 636 45 17 86 49 98 42 77 32 16 11 33 26 22 16 25 21 52 15 186 84 55 34 56 31 53 17 63 26 98 25 87 24 18 11 44 37 26 22 26 31 748 709 156 72 56 35 225 104 354 104 104 55 17 4 1236 1069 44 11 11 3 23 12 36 5 21 3 1 — 337 308 35 21 6 19 7 60 25 5 2 — — — 8810(2) 1221 8337(2) 596 343 225 1218 684 1566 577 454 330 127 57 Embroidery 1920 1921 Other textiles 1920 1921 Clothing and outfitting 1920 1921 Food and drink 1920 1921 Chemicals 1920 1921 Electricity, gas, and water 1920 1921 Paper, leather, and rubber 1920 1921 Printing 1920 1921 Wood 1920 1921 Metals 1920 1921 Machinery, tools, and instruments 1920 1921 Jewellery and watchmaking 1920 1921 E a r t h and stone 1920 1921 Total 1920 1921 Permits granted for 85 70 68 37 20 13 1 3 3 5 1 2 5 4 — — — 4 — 7 7 9 3 5 2 (') Rapport des inspecteurs fédéraux des fabriques, 1920-1921, pp. 240-243. (*) These figures are less than the totals for the column, as seveial establishments are entered more than once under different industries. — 21 — Collective Agreements It has been thought advisable to complete this account of the legal regulation of hours of work by an analysis of the provisions of certain collective agreements which have recently been concluded. These agreements relate either to industries in which the system of collective bargaining has for long been in force or to industries and occupations which are partly or altogether outside the scope •of the Factory Act. PRINTING AND A L L I E D TRADES Printing The national agreement for the printing trade which was concluded between the three Associations of Swiss Master Printers on one side and the Swiss Federation of Typographers and the Swiss Printing Workers' Union on the other for the years 1918-1922, amended in 1920, provided for the 48-hour week for all workers «xcept machine minders, who had a working week of 44 hours, including the time needed for cleaning. The staff employed on printing newspapers between 7 p.m. and 6 a.m. were allowed a i eduction of one hour provided that at least four hours of their work were done at night. The collective agreement between the Swiss Association of Master Printers and the Swiss Federation of Typographers for 1923 and 1924 contains similar provisions. In addition it lays" down that — For overtime workers are entitled to the following increases in pay, amounting to not less than 25 per cent, on ordinary wages : (a) Machine minders : per cent. Until 10 p.m. 10 p.m. to 12 p.m. 12 p.m. to 6 a.m. 6 a.m. until the beginning of the ordinary working day (b) Other workers : 40 50 100 50 Until 10 p.m. 0.60 francs 10 p.m. to 12 p.m. 0.90 francs 12 p.m. to 6 a.m. Normal wage 6 a.m. until the beginning of the ordinary working day 0.60 francs Work on Sundays and public holidays shall be paid at double rates. The increases for overtime on such days shall be those indicated above. — 22 — Bookbinding The collective agreement for the bookbinding trade which was concluded on 6 June 1919 between the three associations of master bookbinders and the Bookbinders' Federation (the agreement expired on 30 June 1923) provides for a 48-hour week. Working hours must fall between 6 a.m. and 8 p.m. Overtime must be paid for at the following increases on normal rates : 30 per cent, for the first two additional hours on any one day, 50 per cent, for hours beyond this, 100 per cent, for work on Sundays or public holidays. The collective agreement of 26 June 1919 concluded between the Federation for the Protection of Swiss Paper Industries and the Bookbinders' Federation, which also expired on 30 June 1923, contained, in addition, the following provision : Work which is not strictly part of the processes of manufacture is not covered by the restriction on hours of work. Auxiliary workers told off for the purpose may, according to circumstances, be required to begin work 15 minutes before the normal time and to remain at night until the necessarycleaning is done, such extra work being paid at overtime rates. FOOD INDUSTRY Milling The national collective agreement concluded on 18 October 1920 between the Swiss Millers' Federation and the Swiss Federation of Commerce, Transport, and Food Workers, which was renewed until 30 September 1923, established a 48-hour week. Overtime work during the week is paid at an increase of 25 per cent, on normal rates and on Sundays and public holidays at an increase of 50 per cent. Transport staff and stablemen have a 10-hour working day, but are entitled to 11 hours' uninterrupted rest at night. Work done on Sunday by motor-drivers is counted as overtime. Breweries Hours of work in breweries are at present regulated by a national collective agreement concluded on 31 March 1920 between the Association of Swiss Breweries and the Swiss Federation of Commerce, Transport, and Food Workers. According to this agreement, which is still in force, the hours and distribution of work in breweries are regulated in accordance with the Federal Factory Act. Saturday afternoon is normally free, and any staff employed on deliveries on Saturday afternoon or on the day shift are entitled to another afternoon. The increase in pay for overtime is 25 per cent. Sunday work must be limited to really indispensable work and is paid for at a rate increased by 50 per cent. BUILDING In a certain number of districts in Switzerland collective agreements are in force for the chief building trades, including plasters, painters, and bricklayers. The principal provisions of these agreements are summarised in the table below. PROVISIONS OF COLLECTIVE AGREEMENTS IN THE MORE IMPORTANT BUILDING TRADES (*) Number of workers Expiration of agreement 400 31 Mar. 1924 47% —. 20 50 70 40 1 15 28 28 Mar. Aug. Feb. Feb. 1923 1923 1924 1924 50 48 47 47% — — — — Plasterers Basle St. Gall Winterthur Zurich 200 30 25 250 28 28 31 1 Feb. Feb. Mar. Apr. 1924 1924 1924 1923 47% 47 48 45 — — — — Painters and Plasterers Berne Fribourg 500 50 District Painters Basle Hérisau (Appenzell) Lugano St. Gall Schaffhouse Interlaken Lausanne Percentage increase for overtime Saturday .—. — — • — — — — — — 47% — — 31 Mar. 1923 50 summer Free afternoon Working days : 50 Holidays and night 44% Nov. work (8 p.m. to and Feb. 5 a.m.) : 100 39 Dec. and Jan. 60 1 July 1923 48 — — Only in urgent 170 21 Aug. 1923 50 summer 5 hours 45 winter cases, holidays or night work (8.30 p.m. to 6 a.m) : 100 Chaux-de- Fonds 60 Montreux Thun Lausanne and district Vevey 40 60 Chaux-de-Fonds Weekly hours of work • — 10 Aug. 1923 50 summer Free afternoon 50 48 16 Oct.- in summer 14 Feb. work in winter 1 June 1923 55 — 28 Feb. 1924 4 7 % — 300 31 Mar. 1924 55 50 31 Mar. 1924 55 summer 44 winter 300 15 July 1923 55 (') Information supplied by the Swiss Building Federation. — — — 5 hours 10 p.m. to 12 p.m.: 25 12 p.m. to 6 a.m. and Sundays : 50 In accordance with the Federal Act — 24 — ROAD TRANSPORT Hours of work in the Basle, Berne, and Zurich sections of the Swiss Federation of Master Carriers and Forwarding Agents are governed by an agreement concluded on 1 May 1922 with the Swiss Federation of Commerce, Transport, and Food Workers which remains in force until 1 May 1924. According to this agreement working hours are 51 a week and the employer fixes the timetable. The hours so fixed do not include grooming horses, for which not more than 2 extra hours per day may be worked in establishment in which more than two van men, lorry drivers, or carters are employed. The hours of attendance for workers who are permanently employed as stablemen are 14 a day. They are entitled to a complete day's rest once a week, which must be a Sunday at least once a month. The increase in pay for work done beyond the fixed period is 25 per cent. Work done between 9 p.m. and 5 a.m. is counted as night work and paid at an increase of 50 per cent. Sunday work is allowed for the care and grooming of horses only and must not exceed 3 hours. One Sunday out of two must be completely free. — 25 — Proposed Regulation FEDERAL ACT OF 1 JULY 1922 AMENDING THE FACTORY ACT The Government introduced a draft Federal Act, which was passed on 1 July 1922, amending Section 41 of the Factory Act. The text of the Act, which proposes to leave the principle of the 8-hour day untouched, but to widen considerably the possibility of exemptions, is as follows (x) : Section 1. The provisions of Section 41 of the Federal Act of 18 J u n e 1914-27 June 1919 on work in factories are rescinded, and the following provisions are substituted : " Section 4 1 . In times of grave economic crisis of a general character normal hours of work in the day-time may be extended to 54 in the week for each worker, provided that daily hours of work shall not exceed 10. This provision shall come into force only if the existence of a crisis has been duly declared by a decision of the Federal Council, and after previous consultation with the central employers' and workers' organisations concerned. The decision of the Federal Council shall form the subject of a report to the Federal Assembly. In the absence of such a crisis, the Federal Council is authorised to permit certain branches of industry or certain stated undertakings to extend weekly hours of work to 54 when and for such length of time as the extension is justified, or for serious reasons." Section 2. The period of operation of the present Act is limited to three years. The Federal Council shall determine the date of its coming into force. If the provisions of the present Act are not replaced by a new Act within the stated period of three years Section 41 of the Factory Act of 18 June 1914-27 June 1919 shall again come into force. The motives of the Federal Government in introducing this Bill were discussed in the Message of the Federal Council to the Federal Assembly of 19 May 1922. The Federal Council explained that the serious effects of world economic depression were felt especially in Switzerland, which was a highly industrialised country. The situation of Switzerland was all the more critical because nearly three-fifths of its industrial products had to be disposed of on foreign markets. The loss of markets and the depreciation of exchanges had had a disastrous effect on national economic conditions and, in particular, on industry. Among other results, there was a substantial increase in the number of unemployed. Unless industry could produce more cheaply, it would be impossible to effect even a partial remedy for the existing state of affairs and (l) Recueil officiel. Vol. X X X V I I I , 1922. — 26 — a consequent improvement in the position of the workers. To obtain this result it was necessary, in the first place, to extend hours of work for a limited period. Like all Federal legislation, the new Act must be submitted to a referendum if this is demanded within 90 days by the signatures of 30,000 voters or by 8 Cantons. Over 200,000 signatures were obtained to the petition for a referendum, which has not yet taken place. The new Act is therefore still in abeyance. ARTS AND CRAFTS AND COMMERCE Legislation on hours of work in arts.and crafts and in commerce is at present in preparation. In 1921, when deciding not to ratify the Washington Convention on hours of work in industry, the Federal Assembly noted with approval the intention of the Federal Council to prepare a Bill dealing with hours of work in arts and crafts and in commerce which should take into account the special needs of these groups.