INTERNATIONAL

LABOUR

OFFICE

STUDIES AND REPORTS
Series I (Employment of Women and Children) No. 2

WOMEN'S WORK
UNDER LABOUR LAW
A SURVEY OF PROTECTIVE LEGISLATION

GENEVA
1932
Published in the United Kingdom
FOT the INTERNATIONAL LABOUR OFFICE (LEAGUE OF NATIONS)
B y P . S. K I N G & SON, L t d .
Orchard House, 14 Great SroitH Street, Westminster, London, S. W. 1

>J O

949-ï

SOCIETE

GENEVOISE

D'ÉDITIONS

&

IMPRESSIONS

S . A.

—

2 9 , COULOUVRElvItÊRE
GENÈVE

CONTENTS
Page
INTRODUCTION

1

CHAPTER I. — Methods of Regulation

5

CHAPTER II. — Official Bodies for
Workers
Research Bodies
Supervisory Bodies
Methods of Supervision

the Protection of

Women

CHAPTER III. — Maternity Protection
TABLES. — Regulations concerning the Employment of Women
Before and After Childbirth :
A. — International Regulations
B. — Legislation in States Members of the International
Labour Organisation
C. — Legislation in States not Members of the International Labour Organisation
CHAPTER IV. — Hours of Work
General Considerations
International Regulations
National Systems of Legislation
Overtime .
Breaks between Periods of Work
The Weekly Rest and Special Holidays
CHAPTER V. — Night Work
General Considerations
International Measures
National Legislation

10
10
11
13
18

36-37
38-39
90-93
94
94
96
96
100
101
101
104
104
107
112

TABLES. — Regulations concerning the Employment of Women at
Night :
A. — International Regulations
120-121
B. — Legislation of States Members of the International
Labour Organisation
122-151
C. — Legislation of States not Members of the International Labour Organisation
152
CHAPTER. VI. — The Employment of Women on Dangerous, Unhealthy and Heavy Work
153
General Characteristics and Causes of Risk
153
International Systems of Regulation
157
Unhealthy Processes
157
Forced Labour
160
National Legislation
160
Unhealthy Processes
165
Dangerous Processes
169
Heavy Work
170

— IV —
Page

CHAPTER VII. — Employment on Work involving Moral Dangers. .

178

CHAPTER VIII. — Work Reserved for Women

182

CHAPTER I X . — Special Installations for the Well-Being of Women
Workers

184

CHAPTER X . — Wage Regulation
General Considerations
Minimum Wage Legislation
Equal P a y for Equal Work

186
186
187
197

CHAPTER X I . — Labour Problems arising out of Civil and Political
Status of Women
The Contract of Employment or Apprenticeship Agreement
Right t o Dispose of Wages . . .
Capacity to take Judicial Proceedmgs in Disputes relating to Contracts of Employment
Freedom of Association.
Trade Union Rights of Married Women
Membership of Co-operative Societies
Employment of Married Women
CHAPTER X I I . — Representation on Bodies dealing with Labour
Questions
Labour Courts
Advisory Bodies
Wages Boards
Insurance Committees
CONCLUSION

APPENDIX. — List of the Chief Legislative Texts relating to the
Employment of Women

199
200
202
204
205
205
206
208
211
211
213
214
214
216

223

INTRODUCTION

To study all t h e legislation relating t o women workers
would be an ambitious task which could certainly n o t b e adequately carried o u t within t h e compass of a single volume such
as this, for t h e whole body of labour legislation, regulating as
it does conditions of employment in general, naturally applies
t o women's work. There can be no question here of a t t e m p t i n g
a survey of this vast field in its entirety.
At the same time t h e employment of women has certain
special aspects which can be considered apart. There are, for
example, t h e consequences in t h e field of labour of the physical
differentiation between men and women. W o m a n is generally
less resistant to physical strain and in a n y case more vulnerable
in those organs which differentiate her from her male companion,
so t h a t when she engages in manual work she is exposed t o
special dangers which threaten not only herself b u t also future
generations.
Moreover, t h e social position of women is very different
from t h a t of other workers. B y custom a n d tradition s h e is
responsible for t h e management of the home ; in addition t o her
occupational task there are a multitude of domestic tasks which
she assumes : housekeeping, t h e care of children and the r e p a i r
of clothing for members of t h e family. A first consequence of
this is t h a t the working woman would inevitably be overworked
and would ruin her health if certain measures of social protection
were not taken ; in t h e second place her attention is t o s o m e
extent distracted from t h e collective interests of t h e workers,
and, in particular, she shrinks from the extra effort involved
in taking an active p a r t in t h e trade union movement. I n .
addition, the fact of t h e woman's time being divided between
her occupational work a n d her numerous domestic tasks, which
at times make particularly heavy and urgent demands on h e r

_

2 —

strength, often makes her economic activity unstable and reduces
her occupational value and her ability to defend her interests
as a worker.
To these general causes of differentiation must be added
certain local factors which are also of importance. In different
countries the scope of women's economic activity is more or
less extensive, her occupational skill more or less highly developed, and in general, her situation more or less comparable
with that of the male worker, according as social custom and
the provisions of the Civil Code grant her a greater or less degree
of independence in her external activities. How strongly the
need for special legislation is felt will depend to some extent
on the position of women in these respects.
It is this special legislation which forms the immediate subject
of the present study. Without making an exhaustive investigation, an effort has been made to select the chief problems
affecting women workers which have given rise to such legislation, and to give examples of the various solutions hitherto
tried.
I t is true t h a t these legislative solutions, like all human
endeavours, are merely relative and temporary in their character,
and this is particularly true in certain cases. Whereas certain
problems affecting the employment of women will always be
with us — for example, the fundamental problem of maternity
— others develop with the social conditions out of which they
arise. Moreover, the improvement of labour legislation gradually
leads to general regulations applying to all workers, which
replace those originally intended to protect special categories.
The history of the regulation of hours of work is a striking
example. Again, changes in industrial technique have a dual
action, for while they may do away with certain of the dangers
which led to special protective legislation for women, they may
at the same time create new ones.
In following the salient features of the special legislation
concerning women workers, the observer is struck by certain
strongly marked lines which bring some degree of order and,
on some points, uniformity into the variety of national legislation — the lines of the international Conventions. It is for this
reason that on two subjects on which International Labour
Conventions have been adopted, the employment of women
before and after childbirth and the prohibition of night work,

— 3 —

it has been thought advisable t o add t o t h e synthetic study
tables showing t h e existing legislation on these subjects in every
country.
The tables have been prepared separately for t h e States
Members of the International Labour Organisation, which are
directly interested in t h e adoption of such regulations a n d have
already applied or may apply t h e m , a n d t h e non-member
States, which quite often have similar regulations. I n view of
the complexity of t h e legislation in t h e U n i t e d States of America,
where the forty-eight States are autonomous in t h e field of
labour legislation, it has been impossible t o go into details ;
the necessary references have been given t o t h e excellent
studies published by t h e Women's Bureau of t h e D e p a r t m e n t
of Labour in Washington. On these t w o points on which international Conventions have already been adopted, a survey is
given of the legislation of b o t h sovereign States and oversea
dependencies.
Since the limits of this study precluded a complete analysis
of national systems of legislation, a list has been added of t h e
chief legislative texts containing special provisions relating t o
the employment of women in every country. When the whole
text is general in its application and only a few sections refer t o
the subject of this study, these sections a n d t h e point with
which they deal are noted. I t is hoped t h a t this list of Acts
and Regulations, arranged in such a way, m a y prove of utility
t o persons wishing t o continue in more detail t h e study of legislation relating t o t h e employment of women in a n y given
country or the special study of one problem affecting women
workers in the international field.

CHAPTER I

METHODS OF REGULATION

The employment of women, like other more general labour
questions, can be regulated in a variety of ways. There are
t h e numerous forms of national legislation : Acts passed b y
parliaments, decrees issued b y the responsible authorities and
administrative circulars a n d regulations. These are the most
usual methods, of which numerous examples will be found in
t h e following pages. Another method of regulation is t h e a d o p tion of international agreements, b u t in this case certain distinctions must be made.
The first and most important group consists of multilateral
agreements in t h e form of International L a b o u r Conventions.
These agreements do not differ greatly in their n a t u r e from
legislation in the stricter sense of t h e term, because t h e Draft
Conventions adopted b y t h e International Labour Conference,
although t h e y are the expression of a collective international
will, do not take effect until their provisions are reproduced in
national legislation.
This method of unifying national legislation has been employed so far only for dealing with certain wide problems, which
are indeed of fundamental importance, b u t which a t the s a m e
t i m e are merely parts of a much wider whole. One of t h e Conventions adopted a t Washington in 1919 aims a t guaranteeing
protection for women workers before and after childbirth.
Other decisions taken b y Labour Conferences have for their
object t h e preservation of the health of women workers b y
forbidding night work and protecting t h e m against t h e risk
of lead poisoning. These Conventions as well as the Recommendations relating t o women's work will be studied in t h e

— 6 —

appropriate c h a p t e r s . I t may, however, be pointed out here
t h a t t h e first international conferences, held in the late nineteenth c e n t u r y , from the Berlin Conference of 1890 down to t h e
beginning of t h e war, always included on their agenda questions
affecting w o m e n workers. I t was in t h e hope t h a t an international a g r e e m e n t would simplify t h e abolition of t h e terrible
exploitation of women workers to which t h e development
of machinery h a d led t h a t the first steps towards international
uniformity were taken in 1906 by t h e adoption of a Convention prohibiting' night work for women.
I n other cases States h a v e proceeded b y diplomatic methods
towards direct agreements regulating certain aspects of
women's w o r k . Among t h e bilateral or multilateral treaties
containing provisions of this kind a distinction m u s t be made
between those in which States accept an obligation towards t h e
other contracting parties t o do w h a t t h e y can t o improve t h e
conditions of employment of their own citizens in certain directions, a n d t h o s e in which States guarantee t o apply certain
conditions of employment or t h e enjoyment of some special
privilege to citizens of t h e other contracting State who may be
employed in their territory.
Treaties of t h e first type are comparatively rare ; by virtue
of the obligations to which they lead they bear some relationship
t o I n t e r n a t i o n a l Labour Conventions, since they also aim at
improving t h e national legislation or t h e internal social organisation of each of the contracting parties.
T h e best example of a t r e a t y of this kind is t h e Workers'
Protection T r e a t y concluded by France and Italy in 1904. I t
clearly reveals t h e desire of the two parties to achieve uniformity
on certain points in their national legislation and to raise the
social organisation in t h e more backward country t o t h e level
of t h e more advanced country, which is t h e essential purpose of
I n t e r n a t i o n a l Labour Conventions. Historically, moreover, this
t r e a t y forms p a r t of the general effort in t h e early twentieth
century t o arrive at international labour legislation, for in
Article 3 of t h e t r e a t y the States declare t h a t if one of the two
contracting Governments takes p a r t in any conference for t h e
unification of protective legislation for the workers, then the
other G o v e r n m e n t shall also in principle be prepared t o take
part in t h e conference. The main aim of this t r e a t y is increased legislative protection for women and children.

— 7 —
Groups of States linked b y common interests have also
sometimes concluded treaties for the purpose of introducing
uniformity in protective labour legislation a n d more particularly in t h e conditions of employment of women. This is t h e
case in t h e Treaty signed on 7 F e b r u a r y 1923 b y five Central
American Republics (Guatemala, Salvador, Honduras, Nicaragua, Costa Rica), in which these States undertook, as a general
rule, t o prohibit night work for women in their territories, t o
promulgate insurance legislation which would meet t h e needs
of women workers during the four weeks preceding and t h e six
weeks following childbirth, and so to regulate t h e employment
of women as to preserve their health and t h a t of their offspring.
W h e n questions affecting women workers are regulated b y
t r e a t y t h e purpose is generally rather different : it is not usual
t o institute a system of regulations applying generally t o all
workers employed within the territory of the contracting parties, b u t rather t o ensure t h e enjoyment of certain special
advantages or protective measures to nationals of one p a r t y
employed in the territory of the other. Often these are emigrat i o n treaties which contain special provisions concerning women
emigrants in addition t o t h e general stipulations concerning t h e
employment of all emigrants. These provisions m a y include
special assistance t o women during transport (German-Yugoslav
Agreement of 22 February 1928, Franco-Polish Protocol of
3 February 1925, etc.); special assistance and supervision during
their residence in t h e immigration country (Franco-Polish P r o tocol of October 1928) ; special precautions of a moral n a t u r e
concerning t h e placing of women, such as ensuring t h a t young
women and girls are not placed in isolated employment (GermanYugoslav Agreement of 22 February 1928 and Franco-Polish
Protocol of October 1928, etc.) ; guarantee of free hospital
t r e a t m e n t for women before and after childbirth, such as is
given in the Public Relief Treaties concluded b y France with
Belgium, Italy, Luxemburg, Poland and t h e Administration
of t h e Saar Territory. Often also provisions are included for
preventing t h e splitting up of families, ensuring moral housing
conditions, etc.
Great Britain has also concluded agreements with several
of t h e Dominions dealing especially with t h e emigration of
women.
All t h e various provisions of this t y p e contained in emi-

— 8 —

gration treaties have already been analysed in a study on
migration, to which the reader may be referred \
The organisation of women's work does not depend solely
on Governmental action by legislation and treaties. Regulations of various kinds supplement this administrative framework : those laid down in collective agreements, in factory
and workshop regulations, in trade union rules or in the rules
of insurance funds, etc. The scope of these regulations is very
varied and may in some cases be practically as wide as that
of a national law (e.g. the rules of national insurance funds),
or include a whole branch of industry (certain collective agreements), or, on the other hand, they may be restricted to one
single establishment. Even then, however, thanks to the force
of imitation by which the internal regulations of one undertaking
tend to be adopted in other similar undertakings, these individual rules may sometimes have a considerable practical
importance in determining the customs of industrial life.
In a study of this kind there can be no question of considering
all these factors ; the scope of this volume will be restricted to
the administrative framework of legislation.
At the same time, these practical rules are of considerable
importance, for it is through them that legislative principles
are applied. If in any country they fall short of the legal
provisions, then the latter remain a dead letter and do not
improve the well-being of the women whom they are intended
to protect.
On the other hand, these regulations may go beyond the minimum of legislative protection and grant additional advantages
to women workers. The rules of insurance funds, for example,
may give considerably higher maternity benefits than those
fixed by legislation if the resources of the funds permit them
to raise the benefit rates above the minimum or to add supplementary benefits in cash or in kind. Similarly, by collective
agreements the workers may obtain conditions of work better
than those guaranteed by legislation : in Great Britain the

1

INTERNATIONAL LABOUR OFFICE : Migration

Laws

and

Treaties,

Vol. I l l : " International Treaties and Conventions". Studies and Reports,
Series O, No. 3 . Geneva, 1929. Cf. in particular the references t o various
passages in this volume given in t h e subject index under the' heading
"Women".

_

9 —

limitation of hours of work of women as defined in the F a c t o r y
a n d Workshop Acts represents a n absolute m a x i m u m considerably higher t h a n t h e figure accepted in the great majority
of collective agreements.
The existence at least of these other factors in t h e organisation of women's work must be kept in mind if one is t o h a v e
a t r u e estimate, without exaggeration or under-estimation, of
t h e legislation on the employment of women, t h e main t r e n d s
of which are examined in t h e following chapters.

CHAPTER II
OFFICIAL BODIES FOR THE PROTECTION
OF WOMEN WORKERS

The special characteristics of t h e employment of women,
and t h e consequent necessity for adopting labour legislation t o
meet these characteristics and t o have such legislation applied,
have led t o t h e creation of various administrative bodies for
the general s t u d y of t h e problems of women workers, for t h e
preparation of legislation concerning t h e m or for supervising
t h e enforcement of such regulations as may be issued.
I t is only in a small n u m b e r of countries t h a t such bodies so
far exist ; t h e y have been established comparatively recently
as the e m p l o y m e n t of female labour in industrial occupations
increased a n d gave rise t o numerous special problems.
RESEARCH BODIES

The m o s t highly specialised institution is t o be found in t h e
United States, where b y an Act of 5 J u n e 1920 (Public, No. 259,
66th Congress H . R. 13229) a special office known as t h e W o m e n ' s
Bureau was set u p as a branch of t h e Ministry of Labour.
According t o this Act, t h e purpose of the Bureau is " to formulate s t a n d a r d s a n d policies which shall promote t h e welfare of
wage-earning women, improve their working conditions, increase
their efficiency, a n d advance their opportunities for profitable
employment " . I t is specified t h a t t h e chief of the Bureau m u s t
be a w o m a n .
Several E u r o p e a n States, while n o t possessing a separate
department for t h e purpose, have entrusted t h e study of questions
of women's work to a special section of their Ministries of
Labour, a n d States which are now organising or reorganising
their labour administrative services are trying to t a k e account
of this r e q u i r e m e n t .

— 11 —
Foi example, the Republic of Colombia, when setting up a Labour
Office by Act No. 73 of 15 November 1927 decided that one section
of the Office should deal mainly with the employment of women and
children.
Apart from such research bodies,
made to advisory bodies.

reference m u s t also be

In France, for instance, all proposed regulations concerning the
employment of women must be submitted for an expression of opinion
to the Superior Labour Committee, which is composed of nine members and attached to the Ministry of Labour. The Departmental
Labour Committees set up by the General Councils may also submit
suggestions to the Minister concerning any improvements which
might be made in the legislative provisions concerning the employment
of women (Labour Code, Part II, sections 113-115). In Belgium no
Royal Decree issued in virtue of the powers granted by the Act on
the employment of women and children for the purpose of supplementing that Act on any given point can be issued until (a) the competent sections of the industrial and labour councils, (b) the Supreme
Public Health Council and (c) the Supreme Labour Council have
been consulted (Act concerning the employment of women and children, consolidated text of 1919, section 15).
SUPERVISORY

BODIES

The application of special legislation on the employment of
women is also frequently entrusted t o special bodies, or a t
least to certain administrative bodies, which are given this t a s k
as one of their functions. In countries where there is a factory
inspectorate it is generally primarily responsible for supervising
t h e application of such legislation, a n d more a n d more frequently this supervision is entrusted to women, as was suggested in the Recommendation of t h e International L a b o u r
Conference of 1923.
Certain older laws mentioned the necessity for having women
inspectors to deal with the employment of women. Many of the
Factory Acts of the Canadian Provinces, for example, included such
a stipulation : Manitoba, Factories Act of 1913, section 43 ; Nova
Scotia, Factories Act of 1901, section 28 ; New Brunswick, Factories
Act of 1919, section 15. A clause concerning the inspection of women
workers by women was included in the Belgian Ministerial Order
of 15 October 1919 concerning factory inspection (section 3). In
recent legislation organising or reorganising inspection services a provision of this type is generally included : in Chile, in the Act of 8 September 1924 on the contract of employment (section 39) and in the
Decree of 21 March 1925 organising the Labour Directorate (section
18) ; in Finland, in the decision applying the Factory Inspection Act
of 4 March 1927 (section 13), etc.

— 12 —
I t is not u n c o m m o n for regular reports t o be required on
t h e application of t h e legislation concerning t h e employment
of women, so as to discover its effects.
In Germany, for example, according to section 139ftof the Industrial Code, the provisions concerning women workers are included
among those on which annual reports must be made to Parliament
by the competent Ministry. In Italy, according to the Act on the
employment of women and children (section 72) reports on the application of the Act and the administrative regulations must be submitted
to Parliament a t least once every five years. In Switzerland the Cantonal Governments have to send to the Federal Government every two
years reports on the application of the Factories Act in accordance
with a plan, Parts IV and V of which include very detailed questions
on the application of the provisions concerning the employment of
women (Circular of the Federal Government of 20 January 1931).
When t h e r e is n o inspection service, or as a n addition t o
t h e inspectorate, other administrative services may be entrusted
with t h e application of t h e regulations concerning t h e employment of women, a n d special precautions are t a k e n to prevent
infringement of these regulations.
In the United States, several States, such as New Jersey, New York
and Pennsylvania, have established special bureaux for supervising the
application of legislation concerning the employment of women and
children. In Portugal the enforcement of the two Decrees of 1927 on
the employment of women and children is entrusted to the General
Health Office ; in addition to medical inspectors works doctors are
also appointed. Similarly, in Peru the Decree of 29 January 1926
concerning industrial health and safety entrusts the Public Health
Office with the strict supervision of all measures for protecting the
health of the workers and for avoiding the dangers to the health of
women and children which may arise in industrial and commercial
undertakings. The Act of 23 November 1918 concerning the employment of women and children mentions in section 31 a number of
authorities who can supervise the conditions of employment of women :
the provincial political authorities, the judges of the first instance
and the mayors of municipalities, who, on the strength of a medical
certificate, may prohibit the employment of women or children on
any work which is likely to injure their health. Finally, the institutions
for the protection of childhood and maternity are also entitled to
exercise the right of prosecution (acción popular) with regard to
infringements of the legislation. That means that they can give
information on infringements, and the source of the information may,
if it is thought fit, be kept secret by the authorities who are entitled
to receive it, namely, the competent Minister, the municipal councils
and the political or judicial authorities (Act cited, section 30, and
Regulations of 25 June 1921, section 34).
In Argentina this power of taking action in case of infringement
of the legislation on the employment of women and children is entrusted
in general to certain administrative authorities, differing in different

— 13 —
parts, but it is also granted to institutions for the protection of women
and children and to trade unions acting through their executive
committees (Act of 30 September 1924, section 23).
In Guatemala, according to the Labour Act of 1926 (sections 38-40)
the justices of the peace, the mayors and other persons exercising
administrative authority are empowered to deal with infringements
of the provisions concerning the employment of women and children
and the rights of working mothers. The police are bound to report
any acts of which they have knowledge which are contrary to these
provisions.
Even in European countries with a highly developed system of
factory inspection, there is sometimes a reinforcement of supervision
to ensure the strict application of legislation concerning the employment of women and children. In France, according to sections 113
and 115 of Part I I of the Labour Code, the Superior Labour Committee mentioned above is responsible for supervising the uniform and
strict enforcement of the provisions concerning the employment of
women and children and the Departmental Labour Committees may
submit reports on the same subject.
Administrative services are m a d e responsible for t h e p r o tection of special categories of women workers.
As a result of agreements between France and Poland, for example,
the French Government has created, in some 20 Departments where
large contingents of alien agricultural workers are employed, special
inspectorates for supervising the working and living conditions of
women immigrants employed in agriculture ; these duties are entrusted
to women.
Besides t h e supervisory bodies in t h e strict sense of t h e
term, the welfare institutions are also worthy of mention.
Most of these are of a semi-official nature, like the National Foundation for Maternity and Child Welfare in Italy. This institution was
founded in 1926 and does not restrict its activities to wage earners,
but through several of its branches (day nurseries, dining rooms for
working mothers, etc.) gives special assistance to married women
workers. Services of a similar kind are often rendered by municipal
institutions.
M E T H O D S OF S U P E R V I S I O N

I n order t o ensure t h e complete application of the legislation
concerning the employment of women and to prevent t h e
infringement of its provisions, special methods h a v e been
adopted for facilitating supervision by t h e responsible administrative bodies, a n d very rigorous systems of repression h a v e
been established for contraventions against t h e special legislative provisions relating t o women workers.

— 14 —
A m o n g the means for facilitating administrative control,
one very general procedure is t o m a k e it compulsory for undertakings employing women t o keep a register of their female
workers. If a register of all workers is compulsory, then t h e y
may be obliged t o keep a separate register for female employees,
giving precise information as t o their age, occupation, hours
of work, etc. Some such regulation exists in almost every
country, a n d the factory inspectors a n d other authorities are
empowered to examine t h e register whenever t h e y so desire.
A. second m e t h o d which is less general b u t still quite common
is notification of employment. This is met with in several
forms.
In Germany every head of an undertaking covered by the Industrial Code who proposes to engage a woman worker must give notice
in writing t o the local police authorities before she commences her
employment, stating the probable date of her entry, the hours of
starting and finishing work each day, the rest periods, and the nature of her employment. When there is any change in the conditions
of employment, a further notification must be sent before the change
becomes effective (Industrial Code, section 138). A similar notification procedure was introduced in Greece by the Act of 24 January6 February 1912 (section 15).
In Italy also notification is compulsory; but the procedure is rather
different. Heads of undertakings covered by the Act concerning the
employment of women and children, that is to say, industrial undertakings of any size, must, within the first two months of each year,
fill up a form showing the number of women employed in their undertakings, their age, employment, hours of work, the machines they use,
etc. These forms are collected by the Prefect and transmitted to the
competent ministry. Any change in the composition of the staff or
in their conditions of employment must be notified through the same
administrative channels within the month during which the change
took place (consolidated text of 10 November 1907 of the Act concerning the employment of women and children, section 3, and Administrative Regulations of 15 March 1923, sections 38-45). In France.
where the necessity for notification before engaging women workers
was introduced by the Act of 30 June 1928 amending Part I I of the
Labour Code, this formality is required of heads of all commercial and
industrial undertakings irrespective of their size (section 1 (a) of

The system of application for permission t o employ women
workers h a s the same object in view as t h a t of t h e notification
of employment. Such permission is required in some cases,
particularly for occupations involving physical or moral dangers.
In the Netherlands, for example, the Order of 10 August 1920 for

— 15 —
the administration of the Labour Act with regard to the employment
of women and children stipulates that any head of an undertaking
who wishes to employ women on certain dangerous tasks must first
of all obtain either a certificate from a specialist to the effect that the
protective measures used are sufficient to avoid any risk or a formal
decision by an administrative authority, such as the chief of a district.
which shall not be taken until an enquiry has been carried out into
the protective measures in force. Thus, for instance, a certificate
from an oculist is necessary before women are employed on work
involving the risk of serious diseases of the eye or reduction of the
visual faculty (section 8 (g) ; section 69 defines the procedure to be
followed by the administrative authorities in giving decisions concerning the employment of women when required.
In the British colony of Hong Kong, regulations issued on 17 April
1930 in pursuance of the Ordinance concerning the employment of
women and children in industry made it compulsory for employers
to obtain a written permit from the Labour Protector before employing
women on work scheduled as dangerous.
In the Canadian Province of Ontario, the Factory, Shop and Office
Building Act (section 40 (a), requires a special permit for the engagement of women for work which would involve lodging in a camp and
in Saskatchewan the Act of 1926 concerning the employment of women
workers requires a special licence to be taken out for the employment
of women in any occupation which makes it necessary for them to
reside, lodge or work in a hotel, boarding house, café, restaurant or
laundry.
Another very common m e t h o d of facilitating the supervision
of conditions of employment is t h e posting of notices. P r a c tically every system of legislation makes it compulsory for
heads of undertakings employing female labour to post u p in a.
prominent position in t h e work-places some section of t h e legislative provisions concerning t h e employment of women, t h e
rates of wages fixed by wage committees, other administrative
decisions and t h e regulations adopted b y the establishment in
conformity with the legislation, such as t h e hours of beginning
and finishing work, t h e length of t h e rest periods, etc. Less
commonly (e.g. t h e French L a b o u r Code, P a r t I I , section 84),
heads of undertakings employing women must also post u p t h e
names and addresses of t h e inspectors responsible for t h e supervision of the establishment, so t h a t it is easier for workers t o
lodge a complaint when they feel themselves injured. This
posting u p of t h e names a n d addresses of inspectors m a y be
compulsory for all undertakings irrespective of t h e sex or age
of the workers employed ; this is the case under t h e British
Factory and Workshop Act (section 128).
Some of t h e methods of supervising conditions of employment apply only t o girls under a certain age.

— 16 —
In Italy for example, female workers have to be in possession of an
employment book until they reach their majority, whereas boys are required to possess such a book only up to the age of fifteen. In this
book is entered information concerning the state of health of the
worker and her occupational ability ; she is subject to periodical
medical examinations, the results of which are also entered in the book
(consolidated text of the Acts concerning the employment of women
and children, section 2, and Administrative Regulations of 1923,
sections 24-29). Belgium has also made it compulsory for girls to
have an employment book until they reach their majority (consolidated text of 1919 of the Act concerning the employment of women
and children, section 6).
The measures taken t o
lation concerning women
comparison will show t h a t
regulations concerning t h e
countries more severe t h a n

ensure t h e enforcement of t h e legisworkers are particularly strict. A
the penalties for offences against the
employment of women are in many
t h e penalties imposed in other cases.

In Germany the legislative provisions concerning the hours of
work of women, the nightly rest, breaks, and the work upon which
women may not be employed (sections 137, 137 a, and 139 of the
Industrial Code) are enforced under the highest penalties which can
be imposed for any offences against this Code, namely a fine of up to
2,000 marks, and six months' imprisonment when the fine cannot be
paid (section 146 of the Code). The same remark applies in several
other countries ; the Austrian and Czechoslovak Industrial Codes, the
Chinese Factories Act of 1930, etc.
Sometimes the penalties for offences with regard to the employment
of women are not only among the highest imposed by the Act in question, but even higher than any others. In Argentina the penalties for
infringement of the Federal Act concerning the employment of women
and children, which are fines of from 50 to 1,000 pesos and double
those sums for a second offence, are higher than those laid down in
other Acts for the protection of workers, where the maximum is generally 500 pesos. Another characteristic provision is to be found in
one of the provincial Acts : the Hours of Works Act of 24 June 1927
for the Province of Santa-Fé provides that a fine of 10 pesos will
be imposed for any adult male worker who is employed beyond the
authorised hours, and 15 pesos in the case of a worker under sixteen
years of age or of a woman of any age (section 7).
I n addition t o t h e ordinary repressive measures others have
been added in some countries so as to guarantee t h a t t h e protective regulations concerning women workers are fully respected. Thus m a n y systems of législation which will be discussed
in the following chapter contain measures for guaranteeing the
legal right of the woman to a period of rest before a n d after
childbirth and t o r e t u r n t o her job later. Such measures may
consist in the granting of legal assistance t o the woman for

— 17 —
asserting her rights or the imposition of a heavy fine on t h e
employer, which is immediately paid t o t h e aggrieved person.
Other isolated measures may be m e t with, all of which aim
a t t h e complete enforcement of t h e protective legislation.
In Peru- there is a regulation which seems to serve the purpose of
protecting women and children against the risk of being dismissed
on account of the legal protection granted t o them ; the Act of 26 March
1921, supplementing the Act concerning the employment of women
and children, stipulates that any women or children dismissed from
their employment without valid reason will receive two months'
salary or wages.
The liability of t h e employer is sometimes greater in t h e
case of accident or sickness occurring t o women employed
contrary to the provisions of t h e legislation.
In such a case the Act of Ecuador concerning the employment of
women and children states that the accident or sickness is always due
to the fault of the employer (section 10 of the Act of 6 October 1928).
Among t h e other means for making t h e penalties for
infringements more effective is t h e system of posting u p decisions
concerning offences against legislation for t h e protection of
women and t h e publication of such decisions in the local papers
a t t h e expense of t h e culprit.
Part I I of the French Labour Code (section 163) provides that for
a second offence the civil court may in certain circumstances apply
the above penalties.

CHAPTER III
MATERNITY PROTECTION

I t is clear t h a t t h e aim of most of t h e legislative measures
concerning t h e employment of women will be maternity protection. Their purpose is t o m a i n t a i n intact t h e vitality of t h e
¿woman worker so as t o enable her t o fulfil this function normally, and t o help her t o carry out t h e tasks resulting from
maternity in succeeding years, such as t h e care of her children,
their education, etc. B y strictly limiting t h e hours of work for
women, b y sparing t h e m n i g h t work, which is so exhausting
and trying, a n d by preventing their physical organs from being
deformed by carrying too h e a v y weights or poisoned by dangerous substances, t h e legislator is really endeavouring t o
preserve t h e m a t e r n a l function and t o ensure t h e well-being
of future generations.
There is one form of regulation which aims more directly a t
this goal — t h a t dealing w i t h t h e conditions of work of women
during t h e m a t e r n i t y period, which m a y be t a k e n as including
the periods of pregnancy, confinement and nursing. I n order
t o safeguard t h e health of t h e child and of t h e mother and the
occupational interests of t h e latter, a great number of measures
are required. These have been more or less completely and
more or less harmoniously introduced in the legislation of quite
a number of countries.
An international Convention, adopted a t t h e First Session
of t h e International Labour Conference at Washington in 1919,
deals with t h e employment of women before and after childbirth. I t s provisions apply without distinction of age or nationality to every woman, married or unmarried, employed in an
industrial or commercial undertaking, with t h e exception of
those employing only members of t h e same family. Such a
woman is entitled t o leave her employment on production of a
medical certificate stating t h a t her confinement will probably

— 19 —
t a k e place within six weeks, and she is not permitted t o work
during the six weeks following her confinement.
I n order t o make this protection effective, t h e Convention
stipulates t h a t t h e woman, during her twelve weeks' absence,
will be paid benefits sufficient for t h e full and healthy maintenance of herself and her child, provided either out of public
funds or by means of a system of insurance ; the exact a m o u n t
of t h e benefits will be determined by t h e competent authorities
in each country.
The woman is also entitled to free attendance by a doctor
or certified midwife. On resuming work she is entitled t o half
an hour twice a d a y during working hours in order to nurse her
child.
Other provisions of t h e Convention stipulate t h a t it is illegal
for the employer, when a woman is absent from her work in
accordance with t h e above provisions, or remains absent for
a longer period as a result of illness arising out of pregnancy
or confinement, to give her notice of dismissal during such
absence.
A Recommendation adopted a t t h e Third Session of t h e
Conference at Geneva in 1921, which was devoted t o agricult u r a l problems, extended the principle of this Convention to
women employed in agriculture. The States Members of t h e
Organisation were asked to take steps to guarantee to women
wage earners in agricultural undertakings protection before and
after childbirth similar t o t h a t granted b y t h e Washington
Convention to women employed in industry and commerce.
These measures were t o include the right to a period of absence
from work before a n d after her confinement and t o a g r a n t of
benefit during t h e same period, provided either out of public
funds or by means of a system of insurance. On 1 August
1930 t h e Maternity Convention h a d obtained eleven ratifications : Bulgaria, Chile, Cuba, Germany, Greece, Hungary,
Latvia,
Luxemburg,
Rumania, Spain and Yugoslavia.
The n u m b e r is
n o t high, b u t it m u s t n o t be t a k e n as an accurate index of
t h e progress of national legislation in this field.
The Convention includes a number of complex provisions,
such as those concerning t h e contract of employment a n d t h e
benefits t o be granted during the period of absence. The application of t h e latter provisions requires the creation of insurance
institutions or assistance institutions, which involves h e a v y
social charges and which cannot be carried out with great rapi-

— 20 —

dity. Moreover, t h e scope of t h e Convention is very wide,
since it includes all women workers in industry and commerce.
I t m u s t also be frankly a d m i t t e d t h a t , in view of the situation
of t h e systems of legislation and t h e institutions which existed
in 1919 when t h e Draft Convention was adopted, t h e provisions
it contained obliged States t o raise considerably the level of
protection which they had hitherto granted.
A reference t o t h e R e p o r t prepared for t h e Washington
Conference x will show t h a t a t t h a t time the protection of women
workers during childbirth was very undeveloped.
W i t h regard t o t h e length of t h e rest period before a n d
after childbirth, only one of t h e twenty-nine countries which had
made such a rest period compulsory, namely South
Africa,
granted a period of twelve weeks, of which eight came after
confinement. T h e P r e p a r a t o r y Report for the Conference
stated t h a t in general t h e t o t a l length of t h e rest period a t t h a t
time varied between four a n d eight weeks.
After confinement, fourteen countries prescribed a rest of
only t h i r t y days, fifteen of five weeks or over, and two countries
which prescribed six weeks (the figure adopted in t h e Convention), Spain a n d Sweden, authorised a reduction to four weeks
on presentation of a medical certificate.
The period of four weeks granted by many countries could
also in a n u m b e r of cases be reduced in the same way.
The right t o be absent from work before confinement was
very rarely granted ; a compulsory rest of four weeks was laid
down in South Africa, and elsewhere t h e possibility of absenting
oneself was a d m i t t e d in France, Norway, Spain, Sweden and
Switzerland, generally during t h e last four weeks of pregnancy.
Of t h e twenty-nine countries which had instituted a compulsory absence during this period, only twelve made a n y provision for t h e p a y m e n t of benefits during such absence ; eight
of those did so b y means of their sickness insurance scheme
^{Czechoslovakia, Germany, Great Britain, Netherlands,
Norway,
Poland, Rumania and Switzerland) ; one, Italy, by a special
maternity insurance scheme ; t h e others in the form of subsidies
from State or local funds, which in some cases, such as France

1
LEAGUE o r NATIONS : Report on the Employment of Women and
Children and the Berne Conventions of 1906 (Part 1, Text), prepared by the
Organising Committee for the International Labour Conference, Washington, 1919. Report I I I , Part 1.

— 21 —
and Norway, were granted only t o indigent women. I n Australia, a maternity allowance was g r a n t e d t o all women irrespective of whether they were employed or not.
In only six countries (France, Greece, Norway,
Rumania,
Spain and Switzerland) was any provision made in t h e legislation
for guaranteeing t h a t the woman's job would be kept open for
her after confinement.
Provisions for giving t h e m o t h e r t i m e t o nurse her infant
existed only in t h e legislation of Argentina,
France,
Italy,
Norway, Spain and Sweden.
The Draft Convention adopted a t Washington t h u s merely
confirmed t h e results achieved in countries with advanced
social legislation in t h e hope t h a t this standard would be generally adopted ; it may truthfully be said t h a t it proposed an
advance for all t h e States Members of t h e Organisation. N o n e
of these States, although their delegates adopted the D r a f t
Convention by a large majority (67 for, 10 against a n d 11
abstentions), was in a position in 1919 t o ratify immediately
or t o apply all t h e provisions of t h e Convention without making
important amendments in its legislation.
This does not mean t h a t t h e measures prescribed in t h e Convention were not all of t h e u t m o s t value for the health of t h e
mother and of t h e child ; b u t , like every social problem which
demands extensive reorganisation and considerable expendit u r e for its solution, t h e problem of t h e protection of working
mothers evolved slowly. I t must be noted t h a t its evolution
has been more rapid from 1919 t o t h e present day, a n d it
may safely be asserted t h a t this progress is due to t h e influence of the international Convention. I t is even permissible
to believe t h a t t h e Convention has been a particularly powerful
stimulus to legislative protection) in t h e m a t t e r of m a t e r n i t y
just because it sets a relatively high standard. A comparison
of t h e synoptic tables at t h e end of this Chapter, which give a
s u m m a r y of t h e provisions of t h e national legislation in each of
the States Members of the International Labour Organisation,
with t h e provisions of t h e 1919 Convention a n d t h e 1921 Recommendation, reveals t h e fact t h a t a great number of legislative
t e x t s concerning t h e employment of women before and after childbirth have been adopted. These texts do not always establish
a legislative position in exact accordance with t h e demands of
t h e Convention ; they still require t o be supplemented a n d
amended before ratification is possible, b u t t h e y are t o a g r e a t

— 22 —

extent inspired by the provisions of this international agreement,
and the progress already made holds out hopes for further
advances in t h e future.
At t h e same time there are so m a n y close connections between t h e various provisions of the Convention t h a t it is extremely desirable for it to be adopted as a whole, and regrettable
t h a t partial measures should have been taken which leave gaps
capable of compromising most seriously the beneficial action
of t h e regulations. For example, the provision for a compulsory absence from work after confinement cannot be as completely effective as the Labour Conference would have wished
unless it is linked u p with the provision of benefits sufficient for
the full maintenance of t h e mother and the child ; t o prescribe the
one without t h e other is to run counter to t h e humanitarian
aims which inspired t h e Convention. The purpose of the Convention is n o t to remove temporarily from their occupational
tasks women workers who are in a state of reduced efficiency,
nor is it to condemn women to absent themselves from work
without benefits when their wages are their sole source of maintenance ; its purpose is t o guarantee t h e necessary rest, means
of subsistence during t h a t period and comparative security for
the maintenance of their employment. The legislations of
countries for which column V I I of the tables (maternity benefits)
is blank c a n n o t be considered as satisfying t h e fundamental
purpose which t h e Conference h a d in mind when adopting the
Draft Convention.
The few legislative provisions which make maternity a
motive for dismissal (or t h e withholding of salary in t h e case
of an official) on account of t h e temporary fall in output during pregnancy or t h e nursing period, must be considered as
entirely c o n t r a r y to t h e spirit of the Convention.
Another principle of fundamental importance accepted by the
International Labour Conference is t h a t t h e protective measures
laid down in the Convention should be very widely applied :
this protection should be granted to all women employed in
commerce a n d industry irrespective of their age, nationality
and civil s t a t u s (whether married or not). Not all national
systems of legislation entirely respect this i m p o r t a n t principle.
The age factor intervenes in certain legislations which prescribe age limits between which women workers are liable for
compulsory insurance and therefore entitled to benefits. Although

— 23 —

these limits are generally sufficiently wide t o cover approximately t h e period during which a woman m a y be expected t o bear
children, they sometimes leave unprotected cases of exceptionally early or late maternity.
I t is very rarely t h a t t h e nationality factor is t a k e n into
account, but the nationality of t h e workers concerned is sometimes of importance when benefits are granted in t h e form of a
State allowance.
A few States refuse t o g r a n t maternity benefits t o unmarried
mothers or grant t h e m only very reduced benefits. In this connection one m u s t realise the spirit which guided t h e Conference
when it decided to make no distinction between t h e protection
of married women and unmarried women and their children :
it was not meant as an encouragement to maternity without
marriage, which could hardly be a possible effect of such elem e n t a r y protective measures ; it implied rather a recognition
of t h e fact t h a t maternity benefits are even more necessary for
a child born out of wedlock and for its mother, since there is no
one responsible for their maintenance, except in cases where t h e
father is made responsible and very strict legislation has been
enacted on t h e subject, as in certain States in t h e N o r t h and
Centre of Europe.
In m a n y cases also t h e length of t h e period of protection is
shorter t h a n t h a t stipulated in t h e Convention.
In spite of these gaps and deviations, however, it m a y be
said t h a t in general the legislative texts analysed below concerning the employment of women before and after childbirth imply
ever-increasing protection for women during maternity. W i t h o u t
examining completely the various provisions of national legislation summarised in t h e tables, it m a y serve a useful purpose t o
compare t h e results obtained with t h e similar figures for 1919.
In 1931 there were forty-five States Members of t h e I n t e r national Labour Organisation which had introduced legislation
for the protection of working mothers during childbirth, either
for the whole of their territory or for several p a r t s which are
autonomous in t h e m a t t e r of labour legislation. In t w e n t y - t w o
States t h e period of absence from work after confinement is
now six weeks or more, either for all women workers in commerce
and industry covered by the Convention or for certain categories. Rest periods of from five to three weeks have been
introduced in fifteen other States. The right or, in some cases,
the obligation t o be absent from work before confinement,

— 24 —
which was very uncommon in 1919, is shown in t h e tables for
1931 as extending over eight weeks before confinement in one
State, six weeks in sixteen States and a shorter period in fourteen
States.
Similar progress has been m a d e with regard t o the maintenance in e m p l o y m e n t after t h e legal absence, which is an
extremely i m p o r t a n t provision for safeguarding t h e occupational interests of "women workers a n d preventing t h e m from
resuming work too early. A provision to this effect is now
included in t w e n t y - t w o systems of legislation. The tables also
show t h a t t w e n t y - s i x countries have adopted measures for
enabling w o m e n t o nurse their children while continuing their
work.
With r e g a r d t o t h e most important point, the benefits
granted t o t h e worker during her absence, even more striking
progress has been made, not only from the point of view of the
growing n u m b e r of States which have created institutions to
grant such benefits, b u t also from the point of view of t h e rates
of benefit g r a n t e d b y certain countries.
Two States, Italy and Spain, have set u p special compulsory
maternity insvirance schemes for women workers of certain
ages a n d certain wage groups. I n most cases, however, maternity benefits a r e granted by t h e compulsory sickness insurance
funds ; this m e t h o d has been adopted by nineteen States. In
some countries where insurance is only optional, t h e sickness
funds are obliged nevertheless t o provide benefits for their
members d u r i n g t h e period of absence preceding and following
childbirth.
There is n o doubt t h a t a general sickness insurance scheme
is the best m e t h o d of meeting t h e cost of maternity benefits
because of its large resources and t h e distribution of t h e risk
over a very g r e a t n u m b e r of members. I n practice such a system
has been found t o give t h e highest benefits. I t m a y also be
added t h a t since such a scheme distributes t h e cost of these
benefits not only over the employers and sometimes t h e State,
b u t also over all workers liable for compulsory insurance, irrespective of t h e i r sex, it is most calculated t o satisfy t h e sense of
social justice, for m a t e r n i t y is certainly a social function, and
it is desirable t h a t society as a whole should bear the cost.
Some countries which have no sickness insurance system
cover t h e m a t e r n i t y risk b y other insurance schemes. Italy, for
example, supplements the necessarily small benefits provided

— 25 —
o u t of t h e maternity insurance system from t h e general u n e m ployment insurance scheme ; women who are absent on account
of childbirth are held t o be involuntarily unemployed a n d are
entitled to t h e benefits of unemployment insurance with considerable supplements. I n Peru, where t h e legislation makes t h e
employer responsible for m a t e r n i t y benefits b y compelling him
t o pay a fraction of wages during t h e absence of t h e woman
worker, it is provided t h a t t h e employer m a y cover himself
against this risk through t h e accident insurance companies.
 very few States, t h e n u m b e r of which seems t o be decreasing, still use the system of relief o u t of public funds.
Others combine insurance and relief, either b y paying allowances out of public funds when t h e woman wage earner is n o t
entitled t o insurance benefits during t h e m a t e r n i t y period, or
b y supplementing t h e insurance benefits so as t o bring t h e m u p
t o a more reasonable figure.
I n this connection reference m a y be made t o t h e fact t h a t
t h e State of Saxony has recently used t h e State subsidy t o bring
t h e benefits paid b y t h e German Federal insurance system t o
p r e g n a n t women during the period preceding childbirth u p t o t h e
level of their full wages.
A growing tendency m a y also be noted t o m a k e t h e employer
responsible for the m a t e r n i t y benefit by compelling him t o p a y
a fraction or t h e whole of t h e workers' wages during t h e period
of legal absence ; this is the case more especially when women
are bound b y a commercial contract of employment.
A study of the rates of benefit a t present paid shows t h a t
remarkable progress has been made since 1919, although this
progress is not yet very general. I n the preparatory r e p o r t for
t h e Washington Conference it was noted t h a t t h e benefits
granted by sickness funds were generally equal to 50 or 60 per
cent, of the basic wage. I n m a n y countries this level has n o t yet
been passed, b u t in a certain n u m b e r t h e rate of m a t e r n i t y
benefit is now 75, 80 or even 100 per cent, of t h e basic wage.
A comparison of t h e rates of benefit in different countries m u s t
be very prudently made, because if comparable d a t a are t o b e
obtained it is necessary t o t a k e account n o t only of t h e percentage of t h e basic wage represented b y these benefits, b u t also
of t h e methods employed in reckoning t h e basic wage, which in
some cases differs considerably from the actual wage.
I n some countries the benefit is paid in a lump sum which
is t h e same for all insured women irrespective of their wages.

— 26 —

Often a basic allowance is granted representing compensation
for t h e loss of wages during t h e period of absence, with supplementary benefits such as a contribution t o the cost of confinement, t h e purchase of the layette a n d nursing bonuses. Often,
also, a fraction of t h e benefit is granted in kind : medical attendance, t h e assistance of a midwife, drugs, t h e supply of milk, etc.
The t e x t of t h e Convention does n o t fix the rate of benefit
t o b e granted ; it merely states t h a t the benefit should be
" sufficient for t h e full and healthy maintenance of the mother
and her child " . Now, in view of t h e fact t h a t the average
wage of a w o m a n scarcely exceeds t h e necessary minimum for
a woman living alone (the legal rates of minimum wages determined on t h e principle of t h e living wage are generally
reckoned in this way), it may be said t h a t , for t h e lower categories of insured persons a t least, ;the main benefit and t h e supplementary benefits taken together must be equal t o the actual wage in order to meet completely the requirements of the
Convention.
The very frequent and, as has been seen, generally satisfactory use of t h e sickness insurance system for t h e p a y m e n t of
maternity benefits has raised two practical difficulties with
regard t o t h e complete application of t h e Convention. The
provisions of t h e Convention have to be applied to all women
wage earners in industry and commerce. Generally, however,
t h e p a y m e n t of insurance benefits is subject t o t h e completion
of a qualifying period, a n d in the second place liability for
insurance is often restricted to workers earning less t h a n a
certain m a x i m u m fixed b y t h e insurance legislation or b y t h e
authorities responsible for its enforcement. Consequently, more
or less numerous categories of women wage earners, the number
of which will depend on the length of t h e qualifying period and
the level of t h e m a x i m u m wage, do not enjoy insurance benefits
during t h e period of their confinement.
The difficulty with regard t o t h e qualifying period — which
is intended t o p r e v e n t abuses in t h e working of t h e insurance
scheme — can be overcome, as has been done in Germany, b y
substituting public relief for insurance when the latter does not
take effect. I n accordance with the Social Relief Orders of 13
February 1924 (section 32) a n d 4 December 1924 (sections 6 and
12), the relief system m u s t provide t o indigent women who are
not in receipt of insurance benefits during the period of childbirth allowances equal t o t h e family benefit, t h a t is t o say t h e

— 27 —

benefits which are paid under t h e compulsory sickness insurance
scheme to the wife or daughter of an insured person in t h e case
of maternity. These benefits are equal t o t h e minimum benefits
t o which an insured woman is entitled in t h e lowest wage group.
While they do not compensate in every case for t h e restriction
imposed by t h e qualifying period, t h e y a t least meet the most
serious cases in which a woman would otherwise be deprived
of all resources during her absence before and after childbirth.
I n cases where t h e insurance legislation fixes a m a x i m u m
wage above which compulsory social insurance does not provide
maternity benefits, the situation of States which apply or are
preparing to apply t h e Convention b y means of such an insurance
scheme is generally more difficult.
While it may be said t h a t at least in t h e cases when this
m a x i m u m limit is high, the use of such an insurance scheme
does not interfere seriously with t h e observance of t h e Convention, since Avomen wage earners who earn more t h a n the maxim u m wage for compulsory insurance m a y be supposed to have
adequate resources for their maintenance during t h e period of
childbirth, there is another problem which States have solved
in a variety of ways, namely the problem of whether, a n d if so
how, t o bring the scope of t h e provisions concerning benefit
into harmony with t h e scope of t h e other provisions of t h e Convention.
German legislation, for example, avoids such a discrepancy
b y making the provisions of t h e Act of 1 J u l y 1927 concerning
t h e employment of women before a n d after childbirth applicable
only to women liable for compulsory sickness i n s u r a n c e 1 .
Women who, not being liable for insurance, are not granted
benefit, are similarly exempt from t h e necessity for absenting
themselves from work for six weeks after childbirth, b u t , on
the other hand, t h e y are not covered b y the legal provisions
by which their work would be k e p t open for t h e m .
Other systems of legislation, such as the French,

1

do n o t

According to the Insurance Code (sections 165 and 165a), women
employees whose annual wage exceeds a maximum fixed by the Federal
Minister of Labour are not liable for compulsory sickness insurance. At
present this maximum is 3,600 RM. According to statistics on the subject,
only a very small percentage of women .employees (about 2.5 per cent.)
is thus excluded from compulsory insurance.

— 28 —

bring t h e t w o sets of provisions into line. While fixing a maxim u m wage for compulsory insurance, these legislations extend
the other provisions concerning employment during the period
of childbirth t o all women wage earners, so t h a t women who,
on account of the level of their wage, are not provided with
benefits under t h e sickness insurance scheme or with m a t e r n i t y
allowances o u t of public funds, are nevertheless obliged t o
absent themselves from work. On the other hand they are
protected against t h e termination of their contract of employment on account of absence from work during the peripdrs
stipulated b y law.
The security which t h e y t h u s acquire with regard t o their
employment, which t h e y would in a n y case have been forced
to give u p for a longer or shorter period, is all the more valuable
when their wages or salaries are high. For a high wage implies
confidential or responsible work, prolonged absence from which
involves difficulties which might lead t h e employer, to find a
substitute, since he would have reason to expect t h a t his previous employee would be less regular in her attendance during
a certain n u m b e r of months. When wages are high, effective
protection does not consist so much in guaranteeing maternity
benefit, since t h e woman can do without it in such a case ;
what is more i m p o r t a n t is t h a t her post should be kept open
for her.
The right t o return t o her former employment has sometimes
been found, in practice, rather difficult t o respect, and for this
reason certain legislations have introduced very valuable provisions on this point which it m a y be of interest t o describe.
The legislation of Guatemala a n d Peru makes it compulsory
for an employer who dismisses a woman during this period of
protection t o p a y ninety days' wages, without prejudice to t h e
compensation t o which she is entitled under her contract of service or under t h e legal provisions on t h e subject. Act No. 11317
of 30 September 1924 in Argentina (section 21) a n d t h e Act
of 6 October 1928 (section 16) in Ecuador stipulate t h a t
when a w o m a n is dismissed contrary to the provisions of the
legislation t h e total a m o u n t of t h e fine for which t h e employer
is liable (50 t o 1,000 pesos in Argentina a n d 50 t o 500 sucres in
Ecuador) will b e immediately paid t o t h e woman. The method
adopted b y French legislation is entirely different : a woman who
is in any way deprived of her rights is granted legal assistance

— 29 —
in asserting these before the courts. I n countries where t h e
labour courts (in which actions can be brought without expense)
are responsible for dealing with disputes of this kind, t h e same
facilities exist without there being any necessity for including
a definite stipulation on the subject in t h e legislation concerning
maternity.
On the whole, then, t h e national systems of legislation of t h e
States Members of the Organisation are improving considerably,
and are getting nearer and nearer t o the provisions of t h e 1919
Convention. A careful study of this legislation shows, indeed,
t h a t on certain points the provisions of t h e Convention, which
have too often been said t o represent an ideal which could
hardly be realised, have not only been reached b u t even exceeded
b y certain legislative, provisions. F o r example, certain legislations protect t h e woman worker against dismissal and against
employment on work which might be harmful t o her during
pregnancy, not merely for t h e last few weeks, b u t for several
months or even for the whole period of her pregnancy.
I n addition, it will be seen in t h e chapters dealing with night
work, hours of work, a n d employment on unhealthy, dangerous
and arduous work t h a t the employment of pregnant women or
nursing mothers on night work or overtime, or dangerous,
unhealthy and arduous work is strictly forbidden. Sometimes,
as in the case of Portugal, t h e legislation includes a n u m b e r of
measures for protecting t h e health of expectant mothers, including not merely the prohibition of work which would be dangerous
for them, b u t also measures for compulsory medical supervision
during t h e whole period of pregnancy.
In order t o facilitate nursing, m a n y countries n o t only
stipulate t h a t breaks shall be granted in accordance with t h e
Convention b u t also t h a t undertakings employing a certain number of women workers are legally bound t o set u p and maintain
a day nursery for infants whose mothers are employed in t h e
undertakings.
In accordance with the Recommendation of t h e 1921 Session
of the Conference, certain countries have taken steps t o deal
with the employment of women wage earners in agriculture
before and after childbirth. Maternity protection in agriculture, however, lags notably behind the corresponding m o v e m e n t
in industry a n d commerce. There is only one point upon which

— 30 —

there has been a definite development in legislation, namely
the granting of social insurance benefits during t h e period of
absence before a n d after childbirth. At present twelve States
have a sickness and maternity insurance scheme either for agriculture alone or for agricultural a n d other workers. These
countries are Austria, Bulgaria, Chile, Czechoslovakia,
France,
Germany,
Great Britain,
t h e Netherlands,
Norway,
Poland
(Western Province), Rumania (Ardeal) and, outside t h e Organisation, t h e
U.S.S.B.
Spain has a special m a t e r n i t y insurance scheme which is
still being organised and which will eventually cover women
agricultural workers in t h e same way as all other categories.
Countries like Denmark, Sweden a n d Switzerland, which have
optional sickness insurance, permit women rural workers to
b e members in t h e same way as other workers.
On the other hand, there are very few legislative provisions
dealing with t h e continuance of t h e contract of employment
of women agricultural workers in t h e case of maternity. I n
this respect t h e s e women suffer from t h e scarcity of legislation
concerning t h e agricultural contract of employment. I n most
countries, a n d even in certain States which have carefully
regulated t h e conditions of industrial labour, agricultural conditions are still governed almost entirely by t h e vague and
easily broken rules of local custom. If there are no legislative
provisions entitling women wage earners in agriculture t o be
absent from work before a n d after their confinement, then
these workers, even when granted m a t e r n i t y insurance benefits,
are often unable t o take full a d v a n t a g e of t h e m , for most systems
of legislation m a k e the right t o maternity benefits partially
or totally d e p e n d e n t upon t h e insured person ceasing all remunerative employment. If a women absents herself from work she
runs the risk of being deprived of her employment subsequently
if the employer is not bound b y law t o keep her position open and
give her a long holiday. W h e n women agricultural workers have
no legislative protection of this kind they tend to cut down
their period of rest to such a degree as t o endanger their health.
I t is therefore very desirable t h a t steps should be taken t o
improve t h e legislation on this m a t t e r .
The few protective measures which do a t present exist have
been introduced by two m e t h o d s : b y t h e application t o agricultural workers of t h e provisions applying t o other categories of

— 31 —
women wage earners with regard t o maternity, or b y t h e adoption of special legislation for agricultural workers.
Examples of t h e first method will be found in t h e legislation
of Bulgaria and Spain, which applies completely a n d under t h e
same conditions t o women workers in agriculture a n d t o those
in industry and commerce. Another instance is French legislation, which applies partially t o agriculture : the protective regulations contained in sections 29 a n d 29 a of Book I of t h e
Labour Code (suspension of t h e contract of employment for
twelve weeks and maintenance in employment) a n d t h e granting
of allowances t o indigent persons during their confinement, in
accordance with t h e Acts of 17 J u n e 1918 and 2 December 1917,
apply in agriculture, while t h e provisions of Book I I concerning
t h e prohibition of t h e employment of women after childbirth,
t h e breaks for nursing and t h e accommodation for this purpose
in undertakings employing women workers, do not a p p l y t o
agriculture. Outside t h e International Labour Organisation,
t h e Soviet legislation for m a t e r n i t y protection, contained in t h e
Code of Labour Laws of 1922, grants general protection t o
women workers in agriculture as well as in other occupations.
I n a few cases (for example Italy, by t h e Legislative Decree
of 1929 concerning maternity protection) the extension of all
these protective provisions t o women workers in agriculture is
contemplated for t h e future.
I n a certain number of countries t h e scope of t h e regulations
is so vaguely defined t h a t it is impossible to determine exactly
whether agriculture is included or not.
I n other countries legislation exists for maternity protection
which applies directly and solely to agricultural workers. The
most typical examples of this are t h e Orders issued b y t h e
Austrian Provinces for regulating conditions of work in agriculture. Clauses giving more or less complete protection t o
women workers in agriculture during t h e period of childbirth
are also to be met with in the Italian Act on conditions of work
in rice farms, which was incorporated in the Health Act of 1907,
in t h e Lithuanian Act of 1929 on the engagement of agricultural
workers, in an Order of 1923 for t h e Territory of Memel, and in
t h e Soviet Orders of 1925 on t h e conditions of employment of
seasonal agricultural wage earners. I n Peru a n Order of 1925
deals specially with t h e provision of accommodation in which
women agricultural workers can nurse their children.

— 32 —

Taken as a whole, t h e provisions of t h e special legislation
dealing with agriculture differ considerably from t h e legislation
applied t o industry and commerce. This can be easily understood, because such legislation is a d a p t e d t o work which differs in several essential respects from t h a t in other occupations. One r a t h e r striking feature of t h e special systems of
legislation applying t o agriculture is t h e fixing of a relatively
short period for t h e compulsory complete rest ; a t the same time
various precautions are t a k e n over quite a long period during
pregnancy and after confinement : exemption from strenuous
tasks, overtime a n d night work ; guarantee against dismissal
from t h e d a t e on which t h e compulsory certificate of pregnancy
is issued, etc. I n agricultural work it is possible for a woman t o
continue a somewhat reduced activity u p t o a later date and
t o resume work earlier without serious danger for t h e health
of t h e mother or the child, because t h e diversity of agricult u r a l tasks, which vary from very light jobs (the care of
poultry, etc.) t o extremely strenuous ones (work in t h e fields),
makes it possible for t h e work given t o a woman during t h e
period immediately before or after her confinement t o be graded
in a way t h a t is impossible in factories, where each person's
work remains t h e same every day a n d where the young mother,
a s soon as she r e t u r n s t o t h e workshop, h a s t o a d a p t herself
afresh t o t h e general r h y t h m of production.
One favourable sign of the progress t h a t has been made
remains t o be mentioned. This is t h e development of maternity
protection in colonial countries for t h e benefit of t h e n a t i v e
population. Although t h e 1919 Convention has not yet been
officially applied t o a n y p a r t of a colonial empire, quite a number
of regulations h a v e been issued in recent years guaranteeing t o
women workers in various colonies a rest period under suitable
conditions during childbirth, protection for their health during
pregnancy a n d facilities for nursing and t h e care of their infants.
The provisions concerning day nurseries are particularly
numerous.
The connection which exists between t h e promulgation of
regulations g r a n t i n g t h e same m a t e r n i t y protection t o women
workers in t h e colonies as t o those in t h e home country and t h e
decisions of t h e I n t e r n a t i o n a l Labour Conference is very strikingly brought o u t b y t h e development of French colonial legislation. The Decrees determining t h e conditions . under which
Book I I of t h e L a b o u r Code should b e applied t o t h e older

— 33 —

colonies, to Martinique
(12 February 1913), t o
Guadeloupe
(7 September 1913) and t o Reunion (22 May 1916) excluded t h e
provisions concerning t h e prohibition of t h e employment of
women after childbirth, t h e daily breaks for nursing a n d t h e
accommodation for this purpose. On t h e other hand, t h e Decrees
issued after the international decisions had been taken include
these provisions in the application of Book I I of the Labour Code:
t o Guiana (7 February 1924) and t o New Caledonia (5 October
1927).
The great majority of the native workers covered b y t h e
protective regulations mentioned in the following tables are
women employed in agriculture, so t h a t these legislative provisions conform rather to the Recommendation of 1921 t h a n t o
t h e Convention of 1919.
I t will be noted t h a t in two colonial empires, t h e British
and the Dutch, these protective measures generally apply n o t
t o t h e natives of the colony in question b u t t o i m m i g r a n t
women. This peculiarity is at first sight rather surprising, for
although these immigrants are sometimes subjects of t h e same
empire coming from another country, t h e y are also quite often
foreigners, who are t h u s privileged b y being granted special
protection. The reasons are t h a t in the first place t h e system of
employment for imported workers is not t h e same as for t h e
local population. I n t h e Butch East Indies, for example, workers
introduced from another province or from abroad are engaged
under a contract of employment guaranteed b y penal sanctions,
whereas natives of t h e provinces are employed solely as independent workers. I n the second place, in quite a n u m b e r of
colonial countries with a scanty population it is t h e custom for
t h e local native population to work on its own account on its
own land, and for European planters requiring a big supply of
labour for working large estates t o import indentured labour
from abroad. Often, too, legislative protection is specially
granted t o immigrant labour in pursuance of promises m a d e t o
t h e country which supplied t h a t labour.
I n addition t o the progress made in t h e countries a n d
colonies which are States Members of the International L a b o u r
Organisation, mention should also be made of t h e progress in
other States which have also taken steps t o protect women
workers during maternity. The legislation existing in these
States has been summarised in a special table.

TABLES

R E G U L A T I O N S CONCERNING THE E M P L O Y M E N T O F W O M E N
BEFORE AND AFTER C H I L D B I R T H

— 36 —
REGULATIONS

CONCERNING

THE

EMPLOYMENT

A. — International
International agreements

Scope of the provisions

(I)

(II)

Convention of t h e International
Labour Organisation concerning
the employment
of women
before and alter childbirth,
Washington, 1919.

Every woman, irrespective of her age and
nationality, whether married or not,
and whether the child is legitimate or
not !, who is employed in an industrial
or commercial undertaking, public or
private, or in any branch thereof other
than an undertaking, in which only
members of the same family are employed.
Industrial undertakings = (in brief)
mines, quarries and extraction industries ; industries in which articles are
manufactured or demolished, or in
which materials are transformed, including shipbuilding and the. generation,
transformation and transmission of
electricity or motive power ; construction, maintenance, repair, etc., of buildings, railways, harbours, piers, canals,
roads, electrical undertakings, gasworks, waterworks, etc., transport of
passengers or goods, excluding transport b y hand.
Commercial undertakings = any
places where articles are sold or where
commerce is carried on.
The competent authority in each
country defines the line of division
separating industry and commerce
from agriculture.

Recommendation of the International
Labour
Organisation
(1921) concerning the protection before and after childbirth
of women wage earners in agriculture.

Women wage earners employed in agricultural undertakings.
In general it is recommended that
these wagejearners should be guaranteed
protection similar t o that provided b y
the 1919 Convention and more especially the provisions of cols. IV and VII.

Period during
which the
employment of
women before
and after
childbirth is
prohibited
(HI)
6 weeks after.

Convention for t h e unification of
labour protection
legislation
concluded on 7 February 1923
by Guatemala, Salvador, Honduras, Nicaragua, and Costa
Rica, section I V .

1
In the tables dealing with national systems of legislation, reference is made only t<
any restrictive provisions concerning age, nationality, unmarried mothers or illegitimate children
When the regulations apply, in accordance with this Convention, irrespective of age, nationality
married status or legitimacy of the child, the fact is not mentioned in the table.

—
OF WOMEN BEFORE AND AFTER
Régulations
Right t o b e
absent from
employment
before a n d
after childbirth
(IV)

Maintenance in
employment
(V)

6 weeks before on production of a
medical
certi ficate
stating t h a t
confinement
will probably
t a k e place
within 6 weeks.

I t i s not lawful for a n e m - .
ployer t o give*
notice of dismissal t o a woman
during t h e period
of legal absence
(cols. I l l a n d I V ) ;
or a longer period when she iä
unfit for work a s
a result of Illness
arising out of
pregnancy or confinement, u p t o
a
maximum
fixed b y t h e competent authority
in each country,
or a t such a t i m e
t h a t t h e notice
would expire during such absence.

Right to b e
absent before
a n d after
confinement.

—

Cf. col. V I I .

37

—

CHILDBIRTH

Facilities granted
t o mothers for
nursing their
children
(VI)
Halt-an-hour
twice a d a y .

—

Benefits during t h e period
of absence
(VII)
(a) Cash benefit :
Source : public funds or system of insurance.
Duration : before
confinement, from t h e d a t e when t h e
woman is absent from work in
virtue of a medical certificate
(col. IV) u p t o t h e d a t e oí t h e
confinement even if later t h a n
t h e presumed date. After confinement, for 6 weeks.
R a t e : t o be fixed b y t h e n a tional authorities, b u t in a n y
case sufficient for t h e full a n d
healthy maintenance of t h e
mother a n d child.
(b) Free attendance b y a doctor or
certified midwife.

Benefit during t h e period of legal
absence either out of public
funds or b y means of a system
of insurance.

The contracting States u n d e r t a k e
to establish compulsory insurance or t o provide b y some o t h e r
means t h e necessary funds for
granting benefit for 4 weeks
before a n d 6 weeks after childbirth, provided t h a t t h e m o t h e r
abstains from a n y work which
might injure her health or t h a t of
t h e child.

— 38 —
REGULATIONS

CONCERNING

THE

EMPLOYMENT

B. — Legislation in States Members of
National systems of legislation

Scope of the relevant provisions

JÏL

JiïL

ARGENTINE

Period during
Right to be
which the
employment of absent from
women before employment
before and
and after
childbirth is after childbirth
(IV)
prohibited
(III)

REPUBLIC

(1) Federal Act No. 11317 of 3 0
September 1924 concerning
the employment of women a n d
children, sections 13-15.

(1) Industrial and commercial undertakings,
whether urban or rural, public or private, except those in which only members of the same family work.

(2) Decree No. 2699 of 28 May
1925 issuing regulations for
t h e above Act ÍOT t h e Federal
Capital, section 3.

(2) As for Act No. 11317.

(3) Decree of 9 June 1925 issuing
regulations for the above A c t
for the National Territories,
section 3.

(3) As for Act No. 11317.

(1) 6
after.

weeks

Province of Cordoba
(4) Workers' Protection Act N o .
2880 of 20 January 1920,
sections 8 and 9.

(4) Women workers in factories.

Province of Corrientes
(5) Decree of 16 May 1927 issuing
regulations for the Federal
Act No. 11317, section 10.

(5) As for Act No. 11317.

Province of Santa-Fe
(6) Decree of 23 December 1926
issuing regulations for t h e
Federal Act N o . 11317, section 3.

(6) As for Act No. 11317.

AUSTRALIA
Commonwealth
(1) Maternity Allowances Act of
1912, amended by Act No. 4 8
of 1926.

(1) All women, whether wage earners or net,
married or single, who are British subjects (except aboriginals) or were so by
birth.

Western Australia
(2) Factories and Shops Act No. 4 4
of 1920, section 68.
New South Wales
(3) Factories and Shops Act N o .
39 of 1912, section 48.

(2) All undertakings (including bakeries
and laundries) employing 6 or more
persons (or 1 Asiatic) or in which steam
or mechanical power is used.

(2) 6 weeks
before and 6
weeks after.

(3) All undertakings (including laundries,
bakeries and dyeworks) employing
more than 4 persons (or 1 Chinese
worker) and all undertakings using
steam or mechanical power.

(3)
4 weeks
after.

(1) 6 weeks
before.

— 39 —
OF W O M E N

BEFORE

AND

AFTER

CHILDBIRTH

the International Labour Organisation
Maintenance in
employment
(V)

Facilities granted
t o mothers for
nursing their
children
(VI)

Benefits during the period
of absence
(VII)

Other
measures
concerning
pregnancy
(VIII)

(1) No wom a n m a y be
dismissed
on account
of pregnancy.

(1) 15 minutes' ext r a rest every 3
hours, or more
frequently on presentation of a
medical
certifl( 2 M 3 ) (5) Every
undertaking employing more t h a n
50 women over 18
years of age must
establish a d a y
nursery for children u n d e r 2 years.

(4) Right t o a n allowance out of
provincial funds created b y the
Workers' Protection Act for the
m o n t h before a n d t h e month after
childbirth, t h e allowance being
equal to half t h e wage. The
woman must be registered with
t h e Workers' Protection Office
a t least one m o n t h before confinement.
(6) A d a y nursery
must be established in undertaki ngs employing 25
or more women
over 18 years of
age.

(1) Allowance of £5 out of public
funds.

Other
measures
after
childbirth

Ratifications

(IX)

(X)

Ratification recommended.

— 40 —
REGULATIONS

CONCERNING

THE

EMPLOYMENT

B. — Legislation in States Members of
Period during
which t h e
employment ot
women betöre
and after
childbirth is
prohibited
(HI)

National systems ol legislation

Scope ot t h e relevant provisions

_1ÎL

JUL

(1) Industrial Code, section 9 4 ,
amended by the Act of 3 December 1917.

(1) Industrial a n d commercial undertakings a n d other salaried employments,
except those expressly excluded (i.e.
mines, agriculture, theatres, certain
office work, transport, etc.).

(1) 6 weeks
after.

(2) Act of 2 8 July 1902 concerning
railway transport work, section
47.

(2) Railway undertakings ; train,
and administrative staffs.

(2) 4 weeks
after.

(3) Act of 28 July 1919 concerning
t h e employment of women a n d
children in mines, section 1.

(3) Mining industry.

(4) Act of 11 May 1921 concerning
t h e contract of employment
of salaried
employees, sections 8 and 9.

(4) Any person regularly
commerce or offices.

(5) Act of 13 July 1922 concerning
t h e contract of employment of
theatrical artistes, sections 11
a n d 12.

(5) Theatrical artistes.

(6) W o r k e r s ' Insurance Act of
1 April 1927, sections 43-55.

(6) All women are compulsorily insured if
regularly employed on t h e basis of a
contract of employment (including
those working a t home), unless covered
by another insurance scheme or entitled
t o equivalent benefits from certain
administrative bodies.

(7) Salaried Employees' Insurance
Act of 1928, sections 8 and 1 3 .

(7) All women are compulsory insured who
are regularly employed in commerce or
a n office (whether in a higher or subordinate post), except certain categories
expressly exempt, such as married
women not engaged in insurable employment for more t h a n 50 hours a
month.

(8) Agricultural [Workers'
rance Act of 18 J u l y
section 53.

(8) Insurance is compulsory for all persons
employed in virtue of a contract of
employment
in an agricultural or
forestry u n d e r t a k i n g (including horticulture), h u n t i n g or fishing, in subsidiary undertakings in agriculture or
silviculture, in agricultural or forestry
co-operative societies, or as domestic
servants in t h e household of an employer having a n agricultural or forestry
undertaking (excluding near relatives
of t h e employer a n d persons only subsidiarily employed in a n insurable occupation).

Right t o be
absent from
employment
betöre and
after childbirth
(IV)

AUSTRIA

Insu1928,

station

(3) 6 weeks
after.

employed

in

(4) D i t t o .

(4) 6 weeks
before.

(5) D i t t o .

(5) 12 weeks
altogether. In
t h e case of a
longer period
of incapacity
t h e artiste is
entitled t o
withdraw from
her contract
without notice.

— 41 —
OF WOMEN

BEFORE

AND

AFTER

CHILDBIRTH

the International Labour Organisation (continued)

Maintenance in
employment
(V)

Facilities granted
t o mothers for
nursing their
children
(VI)

(4) Absence on
(4) 2 breaks of
account of preg- half-an-hour
in
nancy (6 weeks working hours.
before) or confinement (6 weeks
after) cannot lead
to dismissal.
Dismissal for a n y
other cause cannot t a k e effect
until t h e eighth
week after confinement.
(5) Absence on
account of pregnancy (6 weeks
before) or confine
ment (6 weeks
after) cannot lead
t o dismissal If
t h e contract i s
broken
during
her legal absence
t h e artiste is entitled t o her fixed
remuneration for
6 weeks after confinement, even if
t h e contract expires earlier.

Benefits during t h e period
of absence
(VH)

Other
measures
concerning
pregnancy
(VHI)

Maintenance of right to wages :
(4) The employer must pay full
wages for 5 weeks after childbirth. If the employed woman
is ill as t h e result of her confinement t h e general provisions concerning the maintenance of
wages during sickness apply
from t h e d a t e of her confinem e n t (at least 6 weeks' full
wages and 4 weeks on half (3) Arduwages ; increase for length of ous tasks
forbidden
service).
during
(5) The artiste is entitled t o her pregnancy,
fixed salary for not more t h a n
6 weeks during pregnancy a n d
6 weeks after childbirth.
Compulsory social insurance :
(6) Workers' insurance.
(a) medical and obstetrical attendance ;
(b) maternity benefit equal to t h e
sickness benefit (0.8 t o 5.4
schillings according t o t h e wage
group) for 6 weeks before and
6 weeks after childbirth.
Conditions :
to have been insured for 26
weeks during t h e 12 months
preceding childbirth and t o
abstain from remunerative employment.
(c) nursing bonus, equal to one-half
t h e sickness benefit, for a maxim u m of 12 weeks.
The m a t e r n i t y benefit a n d
t h e nursing bonus m a y be replaced b y hospital t r e a t m e n t .
(7) Salaried employees' insurance :
(a) medical and obstetrical attendance;
(f>) lump sum allowance of 120
schillings per child ;
(e) dally benefit of l1/« pension
units u p t o 3.75 schillings (not
granted if hospital t r e a t m e n t
given) for 6 weeks after childb i r t h or 12 weeks if t h e mother
nurses her child.

(8) Agricultural workers' insurance:
(o) for insured women living in t h e
employer's household or maintained b y him : lump sum maternity benefit in cash, t h e
a m o u n t of which is fixed b y t h e
rules of t h e funds and m a y not
be less t h a n 20 times t h e lower
limit for the wage class ; t h e
rules m a y also stipulate t h e
p a y m e n t of a nursing bonus ;

Other
measures
after
childbirth

Ratifications

(IX)

(X)

— 42 —
REGULATIONS CONCERNING THE

EMPLOYMENT

B. — Legislation in States Members of

National systems of legislation

Scope of the relevant provisions

(I)

(II)

AUSTRIA

Period during
which the
Right to be
employment of absent from
women before employment
and after
before and
childbirth is after childbirth
prohibited
(III)
(IV)

(continued)

AUSTRIAN PROVINCES
Lower Austria
Order of 22 March 1921 regulating
conditions of agricultural employment, sections 26 and 27.

Upper Austria
Order of 10 March 1921 : Code for
domestic and agricultural labour, sections 9 and 17.
Burgenland
Order of 14 January 1926 ; Code
for agricultural workers, section 16.

Carlnthla
Order of 1 June 1921 regulating
employment of
agricultural
workers and domestic servants,
sections 10 and 17.

Salzburg
Order of 20 January 1922 ; Code
for agricultural, forestry and
domestic workers, section 9.

_

Agricultural work and forestry (domestic
servants are subject to these regulations if also employed on agricultural
work).

4 weeks
after, or 6
weeks if suggested by a
doctor.

Domestic servants, agriculture and forestry.

_

—

Agricultural work and forestry (domestic
servants are subject to these regulations
if also employed on agricultural work).

2 weeks
after.

—

Domestic servants, agriculture and forestry.

Domestic servants, agriculture and forestry.

Ditto.

—

—

— 43 —
OF W O M E N

BEFORE

AND

AFTER

CHILDBIRTH

the International Labour Organisation (continued)

Maintenance in
employment
(V)

Facilities granted
to mothers for
nursing their
children
(VI)

Benefits during the period
of absence

JXÎÎL

Other
measures
concerning
pregnancy
(VIH)

Other
measures
after
childbirth

Ratifications

(IX)

J&L

Arduous
tasks
forbidden.

If confinement
occurs at the
end of the
contract,
t h e worker
retains the
right to accommodation until
her recovery.

(f>) for insured women not maintained by the employer : maternity benefit equal to sickness
benefit (0.6 to 4.2 schillings a
day according to wage group)
for 6 weeks before and 6 weeks
after childbirth if the woman
abstains from remunerative employment. Nursing bonus equal
to Yi the sickness allowance for
12 weeks at most. Hospital
treatment may be granted in
place of these benefits.
Conditions:
26 weeks of insurance in the
12 months preceding confinement.

Ditto.

Workers may
not be dismissed
during the legal
rest period.

(a) Wages in cash and in kind are
paid during the lortnight's rest.

Workers may
not be dismissed
on account of
pregnancy or during the legal absence.

(a) Wages in cash and in kind are
paid during the fortnight's rest.

(6) Agricultural workers' insurance.

(¡>) Agricultural workers' insurance.

Arduous Only light
work pertasks
forbidden. mitted during the 3rd,
4 t h and 5th
weeks.
Arduous If confinement octasks
forbidden. curs at the
end of the
contract,
the worker
retains the
right to accommodation until
her recovery.
Arduous Ditto.
tasks
forbidden.

— 44 —
EEGULATIONS

CONCERNING

THE

EMPLOYMENT

B. — Legislation in States Members of

National systems of legislation

Scope of t h e relevant provisions

Jo-

(ID

Steiermark
Order of 29 October 1921 regulating conditions of work in
domestic service, agriculture
a n d forestry, sections 19 a n d
20.

Sfyrla
Order of 29 October 1921 regulating conditions of work of
domestic servants and agricultural and forestry workers.
Tyrol
Order of 29 May 1922 ; Code for
domestic servants a n d agricultural and forestry workers,
sections 15, 19 a n d 2 1 .

Domestic servants, agriculture and forestry.

Period during
Right t o b e
which t h e
employment of absent from
women before employment
before and
a n d after
after childbirth
childbirth is
(IV)
prohibited
(HI)
2 weeks after.

Domestic servants, agriculture and forestry.

2 weeks after,

Domestic servants, agriculture and forestry.

2 weeks after.

BELGIUM
(1) Acts concerning t h e employm e n t of women and children,
consolidated b y t h e Order of
28 F e b r u a r y 1919, section 5 .

(2) Act concerning contracts of
employment of 5 August 1922,
section 8.
(3) Regulations for t h e postal,
telegraph and telephone services concerning holidays a n d
absences, sections 49-53.

(1) W o r k in mines, p i t s , quarries, yards,
4 weeks
factories, works, workshops, restaurants, after.
public houses, offices, commercial and
industrial undertakings, undertakings
considered as dangerous, unhealthy or
(2) Cf. col.
disagreeable, o r in which
steam
VII.
boilers or motors are employed, work in
(3) 30 days
p o r t s , docks, stations, land a n d w a t e r
before a n d 30
t r a n s p o r t (whether public or private
days after, conundertakings, even if for vocational
sidered as spetraining or charitable purposes).
cial leave. This
m a y be extend(2) W o m e n employees in commerce whose
ed i n t h e form
a n n u a l salary does not exceed 12,000
of sick leave
francs.
Miscarriages
(3) W o m e n postal, telegraph a n d telephone
are treated in
officials.
t h e same way
as childbirth.

— 45 —
OF WOMEN BEFORE AND AFTER

CHILDBIRTH

the International Labour organisation

(continued)

Maintenance in
employment

Facilities granted
to mothers for
nursing their
children

Benefits during the period
of absence

(V)

(VI)

(VII)

(a) Wages in cash and in kind are
paid during the fortnight's rest.

Workers may
not be dismissed on
account of pregnancy or during
the legal absence.

—

(¡>) Agricultural workers' insur anee.

—

*

(VIII)

(2) The employer must pay the
usual wage for thirty days.
(3) The full wage or salary is of 60
tained up to a maximum maindays. For any further period of
absence the ordinary conditions
of sick leave apply.

(X)

—

• —

The condi- Only light
tion of work perpregnancy mitted durmust be ing the 3rd
mentioned 4th, 5th and
when the 6th weeks.
contract is If confineenteied
ment ocinto.
curs at the
end of the
contract,
the worker
retains the
right to accommodation until
her recovery.

—

—

(IX)

Ratifications

Arduous Only light
tasks
work perforbidden. mitted during the 3rd
and 4th
weeks.
If confinement occurs at the
end of the
contract,
the worker
retains the
right to accommodation until
her recovery.

(a) Wages in cash and in kind are Arduous
paid during the fortnight's rest. tasks forbidden.
(i>) Agricultural workers' insurance.
(a) Ditto.
(¡>) Ditto.

If pregnancy is
concealed when
the contract is
concluded,
the employer is
entitled to break
the contract.

Other
Other
measures measures
concerning
after
pregnancy childbirth

—

—

— 46 —
REGULATIONS CONCERNING THE EMPLOYMENT

B. — Legislation in States Members of
National systems of legislation

Scope of the relevant provisions

(I)

(II)

Supreme Decree of 21 September
1929 concerning the protection
of women and children i n
industry, sections 5 and 8.

Women working in industrial factories and
workshops.

Period during
which the
employment of
women before
and after
childbirth is
prohibited
(HI)

Right t o be
absent from
employment
before and
after childbirth
(IV)

—

30 days before.

BOLIVIA

BRAZIL (Union of)
Regulations of 18 October 1924
concerning public health, sections 345-350.
Sao Paulo
Act of 29 December 1917.

30 days before,
30 days after.

All industrial or commercial undertakings.

Factories, workshops and all kinds of industrial undertakings.

4 weeks after.

Women workers and salaried employees'in
public and private undertakings (except
those subject t o the pensions legislation), irrespective of the value of their
work or the method of payment.

Cf. col. VII.

Industry (as defined b y the Washington
Convention, without transport) and
trade.

6 weeks after. 6 weeks before.

BULGARIA
Social Insurance Act of 6 March
1924, section 21 ; Regulations
of 2 5 June 1924.

CANADA
British Columbia
Maternity Protection Act 1 9 2 1 ,
chapter 37.

CHILE
(1) Decree No. 178 of 13 May 1931
consolidating the Labour Acts
and Legislative Decrees, sections 1, 162 and 307-321.

(1) (a) Book II, Part III. Women workers (1) (a) 6 weeks
(obreras, that is, persons engaged chiefly before and 6
in manual work) employed in an industrial weeks after.
or commercial undertaking owned by
the State, municipalities, a joint stock
company or a private individual, and
branches or dependencies of such undertakings.

(1) (a) The
holiday may be
prolonged if
confinement is
delayed or if
illness supervenes, provided
that a medical
certificate is
produced before the normal
end of the
leave.

— 47 —
OF WOMEN BEFORE AND AFTER CHILDBIRTH

the International Labour Organisation (continued)

Maintenance in
employment
(V)

Facilities granted
to mothers for
nursing their
children
(VI)

Benefits during the period
of absence
(VII)

Other
measures
concerning
pregnancy
(VIII)

Other
measures
after
childbirth

Ratifications

(IX)

(X)

The post must
be kept open.

15 minutes' extra rest every 2
hours.

—

—

—

—

—

Two or three
breaks are allowed
daily for nursing.
Provision is made
for the creation of
day nurseries.

Allowances paid in certain cases b y
the funds for indigent mothers
created in undertakings subject
to the regulations.

—

—

—

Dismissal prohibited during
pregnancy and 6
weeks after confinement.

Two supplementary breaks
of half-an-hour a
day for 6 months.

Cf. col. V.
Compulsory sickness insurance.
(a) Obstetrical and medical attendance.
(6) Cash benefit for 12 weeks, 6
before and 6 after, of 12-30 leva
a day, or 80 per cent, of the
wage in the lowest group and 50
per cent, in the highest groupie) In case of illness resulting from
childbirth, the ordinary treatment for insured persons in case
of sickness applies after the 6
weeks following confinement.
Conditions : 16 weeks of uninterrupted insurance contributions before confinement.

Two breaks of
The post is kept
half-an-hour.
open.

(1) (a) The post
is kept open during the whole period of legal absence. Cf. also
column VIII.

(1) Two breaks,
making a total of
one hour, paid
for as a working
hour.
Undertakings
employing 20
women or over
roust institute and
maintain at their
own expense a
day nursery for
children under 1
year of age ; the
plans are approv-

—

—

(1) (a) In the case of workers, the
employer is bound, during the
whole period of childbirth (and
any extra period due to a delay
in confinement or a disease
caused by confinement), t o pay
an allowance equal to 50 per
cent, of the wage if the worker
is not entitled to workers' insurance benefit, or to supplement this benefit up to that
level.

(1) During
pregnancy,
the employer may
not dismiss
a woman
worker except for certain reasons admitted b y law
as legitimate motives
[bad conduct, serious

Ratification registered 1 4 February
1922.

—

—

Ratification registered 15
September
1925.

— 48 —
REGULATIONS CONCERNING THE EMPLOYMENT
B. — Legislation in Slates Members of

National systems of legislation

Scope of t h e relevant provisions

(I)

(II)

CHILE

Period during
Right to be
which t h e
employment of absent from
women before employment
before and
a n d after
childbirth is after childbirth
(IV)
' prohibited
(III)

(continued)

(2) Act N o . 4054 of 8 September
1924 concerning compulsory
sickness, invalidity a n d industrial accident insurance (text of
t h e Decree No. 34 of 28 J a n u a r y 1926), section 15.

(b) 6 weeks
before a n d 6
weeks after.
This right m u s t
be exercised.

(ft) Book I, Chapter IV. Women salaried
employees ( t h a t is, persons engaged on
work in which t h e intellectual effort
predominates over t h e m a n u a l effort),
irrespective of t h e n a t u r e of their employment, its importance or their remuneration, in industrial, commercial or
other undertakings.
(2) Insurance is compulsory for every
w o m a n u n d e r 65 years of age who h a s
no means of subsistence beyond her
salary or wage a n d whose salary or wage
does not exceed 8,000 pesos a year ; it
is also compulsory for
craftsmen,
smaller industrialists, t r a d e r s , etc.,
whose a n n u a l income does n o t exceed
t h e same figure.

CHINA
F a c t o r y Act of 13
1929, section 37.

December

Factories using steam, gas, electricity or
w a t e r for providing power a n d employing n o t less t h a n 30 workers.

—

A total of 8
weeks before
and after.

—

—

—

—

COLOMBIA
A c t N o . 4 8 of 29 November 1924
concerning the protection of
children, section 2 .

—

CUBA
Decree N o . 2303 of 18 November
1925 concerning t h e employm e n t of women, section 11.

CZECHOSLOVAKIA
(1) L a b o u r Code (former Austrian
Code), section 94 (this t e x t
applies t o the former Austrian
territory of Czechoslovakia).

Undertakings compelled to employ solely
women (for t h e sale of feminine articles
t o t h e public) or t o have women as 50
per cent, of their total staff (theatres,
cinemas a n d certain trades handling
light objects) or in certain services (clerical work, telephony, typing, light
packing work, etc.).

(1) R e m u n e r a t i v e employment in general,
(1) a n d (2
whether in i n d u s t r y (excluding mines
a n d land or w a t e r transport) or in t r a d e 6 weeks after.
(except certain t y p e s , such as lawyers'
offices, engineers' offices, hospitals a n d
similar establishments, private teaching
e s t a b l i s h m e n t s , credit
a n d savings
b a n k s , insurance offices, theatrical
undertakings, etc.). Work in agriculture,
forestry a n d a t t a c h e d workshops for
dealing with agricultural or forestry
p r o d u c t s , d a y jobs a n d domestic service
are also excluded.

—

— 49 —
OF WOMEN BEFORE AND AFTER

CHILDBIRTH

the International Labour organisation

(continued)

Maintenance in
employment
(V)

Facilities granted
to mothers for
nursing their
children
(VI)

Benefits during the period
of absence
(VII)

Other
Other
measures measures
after
concerning childbirth
pregnancy
(IX)
(VIII)

Ratifications
(X)

(¡>) Generally
speaking, the contract of employment cannot be
broken on account
of sickness until
after 4 months.

ed by the factory
inspectors. The
labour courts may
order an establishment to be
closed if it refuses
to carry out this
measure.

(¡>) In the case of salaried employees,
the employer must pay full
salary during the 6 weeks'
absence before and the 6 weeks
after childbirth.
(2) Compulsory sickness insurance :
medical attendance during pregnancy, childbirth and the following period.
Benefit equal to 50 per cent.
of wages during the 2 weeks
preceding and following childbirth, and 25 per cent, of wages
during the subsequent period
until the child is weaned if the
mother has herself been nursing
the child. This period may not
exceed 8 months.

misdemeanour, vis
major), etc.;
a fall in the
output of
the woman
cannot be
held to be
a legitimate
motive.

—

—

The employer must pay the full
wage during the eight weeks'
leave.

—

—

—

—

Any factory
employing more
than 50 women
workers must instal a day nursery ; neighbouring undertakings
may do so in common.

—

—

—

—

—

Two breaks of
half-an-hour.

—

—

Ratification registered 6 August 1928.

—

—

—

—

Ratification recommended.

— 50 —
REGULATIONS CONCERNING T H E EMPLOYMENT

B. — Legislation in States Members of
National systems of legislation

Scope of t h e relevant provisions

(I)

(II)

CZECHOSLOVAKIA

R i g h t to be
absent from
employment
before and
after childbirth
(IV)

(continued)

(2) L a b o u r Act N o . 259 of 10
October 1924 for Slovenia a n d
Sub-Carpathian Russia, section 131.

(2) D i t t o .

(3) Act concerning t h e employm e n t of women a n d children
in mines. No. 115 of 21 J u n e
1884 (former Austrian Act),
section 1.

(3) Mining undertakings.

(4) Act of
cerning
ployees
validity
95.

Period during
which t h e
employment of
women before
and after
childbirth is
prohibited
(III)

9 October 1924 cont h e insurance of emagainst sickness, ina n d old age, section

(3) 6 weeks
after, or 4
weeks if a m e dical certificate
shows t h a t t h e
w o m a n is fit t o
(4) All persons working under a contract work.
of employment (including women employed a t home) except those covered
b y other insurance systems (public
officials and miners).

(5) Act N o . 103 of 24 J u n e 1926
concerning t h e conditions of
service of civil servants a n d
S t a t e employees, section 145.

(5) Civil servants a n d S t a t e employees.

(6) Act of 15 October 1925 respecting t h e sickness insurance
of public employees. N o . 2 2 1 ,
sections 6 and 8.

(6) All women officials of t h e public services.

(5) 3 m o n t h s
altogether, provided t h e reason for absence
is stated. After
this period unpaid leave may
b e granted.

DENMARK
(1) 4 weeks
after, unless a
medical certific a t e shows t h a t
t h e m o t h e r has
completely recovered.

(1) Factories Act of 1913, section
29.

(1) Factories a n d workshops used as factories, as well as large a n d small industrial undertakings (including quarries,
plaster quarries, etc.) regularly a n d
simultaneously employing several workers (section 1). (According t o section 3 ,
a n u n d e r t a k i n g using mechanical power,
irrespective of t h e n u m b e r of workers,
or a n u n d e r t a k i n g not using mechanical
power b u t employing six or more
workers, is included). Undertakings
worked by members of one family a r e
excluded.

(2) Act of 1912 concerning work
in bakeries.

(2) Bakeries, pastrycooks' a n d confection(2) 4 weeks
ers' establishments.
after, unless a
medical certifi(3) Sickness funds established on a n occu- cate shows t h a t
t h e m o t h e r has
pational or local basis.
Persons insured : all wage earners completely rehaving no resources beyond their em- covered.
ployment, or persons in a similar
situation, m a y be insured if domiciled
within t h e area covered by t h e fund,
provided t h e y a r e between t h e ages of
14 a n d 40 years a n d satisfy t h e conditions concerning health a n d working
ability.

(3) Act of 10 May 1915 concerning
sickness funds, as a m e n d e d
b y t h e Acts of 6 May 1921 a n d
14 J u l y 1927 (Voluntary Insurance), sections 20 a n d 2 3 .

~

— 51 —
OF WOMEN BEFORE AND AFTER

CHILDBIRTH

the International Labour Organisation (continued)

Maintenance in
employment
(V)

(5) Cf. col. IV.

Facilities g r a n t e d
t o mothers for
nursing their
children
(VI)

—

(1) W h e n 25
women a r e e m ployed, a special
room, heated in
winter, m u s t be
provided in which
t h e mothers can
nurse their
children.

Benefits during the period
of absence
(VII)'

(4) Compulsory insurance for workers :
(o) Benefit equal t o t h e sickness
allowance (on t h e scale for 10
groups of from 2.70-24 Czech
crowns a day) for 6 weeks before
and 6 weeks after confinement.
Condition : t o abstain from
all remunerative work.
(ft) Nursing bonus for 12 weeks (half
t h e sickness allowance).
(c) Medical or obstetrical a t t e n d a n c e
even in t h e case of a miscarriage.
Conditions for (a) a n d (ft) :
6 m o n t h s ' insurance during t h e
preceding 12 m o n t h s .
(5) If the absence does n o t exceed 3
m o n t h s , t h e w o m a n is p a i d her
full salary a n d this period counts
towards length ol service for
salary increments a n d for pension, provided t h a t pensions insurance contributions a r e paid.
(6) Insurance for public officials :
medical and obstetrical a t t e n dance a n d drugs or hospital
treatment.

(1) Benefit paid out of public funds
during t h e four weeks of compulsory rest. This is not in t h e
nature of relief to indigents, nor
does it have t h e effects of such
relief.
Condition :
The w o m a n m u s t h a v e her
child living with her.
(3) Optional sickness insurance :
(a> medical attendance during confinement.
(6) allowance of at least one krone
per d a y for 10 days if t h e woman
is not in receipt of t h e benefits
provided by t h e Act of 1913.
(c) after 10 days a n d in case of a n y
subsequent illness, t h e usual
sickness insurance benefits are
granted (equal t o four-fifths of
wages at most).
Condition :
10 m o n t h s ' membership of
t h e fund.

Other
measures
concerning
pregnancy
(VIII)

Other
measures
after
childbirth

Ratifications

(IX)

(X)

—

—

—

— 52 —
REGULATIONS CONCERNING THE EMPLOYMENT
B. — Legislation in States Members of
Period during
which t h e
Right to be
employment of absent from
women before employment
a n d after
before and
childbirth is after childbirth
prohibited
(IV)
(HI)

National systems of legislation

Scope of t h e relevant provisions

(I)

(II)

(1) Act of 20 May 1924 concerning
t h e employment of c h i l d r e n ,
y o u n g persons a n d women i n
industrial undertakings, section 10.

(1) Industrial undertakings as defined in
t h e W a s h i n g t o n Convention.

(2) Russian Sickness I n s u r a n c e
Act of 23 J u n e 1912, sections
44 t o 56, and P a r t IV, a d d i n g
a section 126 t o t h e I n d u s t r i a l
Code.

(2) Industrial
workers.

(3) Act of 19 J u n e 1925 concerning
social relief, sections 16 a n d
73.

(3) and (4) Large factories and workshops.

ESTONIA

undertakings employing

5

(1) Cf. col.
VII.

(2) W o m e n
members of a
sickness fund :
4 weeks after.

(4) Decree of 19 October 1928 concerning t h e organisation of d a y
nurseries and kindergartens i n
factories and workshops.

FINLAND
(1) Order of 1 8 August 1917 concerning employment in industrial undertakings a n d cert a i n special undertakings, section 17.

(1) Industrial factories a n d workshops,
(1) 4
u r b a n building, b a t h s , civil engineering after.
undertakings, etc., whether public or
private, employing three or more
workers.

(2) Act of 24 October 1919 concerning commercial
undertakings, section 10.

(2) All commercial houses a n d all women
(2) 6 weeks
after.
employed in t h e m .

(3) Act of 1 J u n e 1922 respecting
contracts of work, section 3 1 .

(3) Every contract of employment for which
wages are paid.

weeks

FRANCE
(1) L a b o u r Code, Book I, sections
29 a n d 29 (a), as amended b y
t h e Act of 4 J a n u a r y 1928.
(2) L a b o u r Code, Book I I , sections 54(a), 54(6), 54(c), 54(d)
and 54(e).

(1) A woman
who is obviously pregnant
m a y leave her
(2) All industrial a n d commercial undertak(2) 4 weeks employment
without notice
ings a n d their branches, public or pri- after.
(breaking conv a t e , even of a religious or charitable
tract
without
nature.
penalty).
She m a y also
obtain 6 weeks'
leave before
and 6 weeks'
leave after,

(1) E v e r y person b o u n d b y a contract of
employment.

— 53 —
OF WOMEN BEFORE AND AFTER CHILDBIRTH

the International Labour Organisation

Maintenance in
employment
(V)

Facilities granted
to mothers for
nursing their
children
(VI)

continued)

Benefits during the period
of absence
(VII)

(3) and (4) In
large factories
and workshops
the employer
must, at the request of the Social
Relief Office and (2) Compulsory sickness insurance :
with the approval
of the Minister of (a) medical attendance and obsteCommerce and
trical assistance ;
Industry, install
and maintain a
(6) benefit of from 50 to 100 per.
day nursery^near
cent, of wages for 2 weeks before
enough the workand 4 weeks after ;
place to enable
the women wor- (c) Conditions : 3 months' contribukers to nurse
tions (6 weeks in State undertheir children,
takings) ;
abstention
from
and a kindergarremunerative employment.
ten in which the
children of women
workers and of
workers who cannot have their
children looked
after at home
may be left.

(3) The employer
may not terminate the contract
of employment of
a woman wage
earner who is absent on account
of the legal provisions for the
protection of women during childbirth (the periods
mentioned in
texts 1 and 2).

(1) Absence from
employment for
12 consecutive
weeks before and
after confinement
does not justify
termination of the
contract b y the
employer, who
will be responsible for damages;
the period is extended t o 15
weeks on production of a medical
certificate.

—

—

(2) Two breaks
of half-an-hour ;
two breaks of 20
minutes if the
undertaking has
accommodation
for nursing.

(3) Public relief : daily allowance
out of the public funds of departments, with participation by
local authorities and the State,
fixed for each municipality at
from 2.50 to 7.50 francs a day
(or a higher sum if the municipality in question bears t h
expense) for 4 weeks before (on
production of a medical certificate) and 4 weeks after confinement, provided the woman engages in no remunerative e m ployment and takes the rest and
care required by her condition.

Other
measures
concerning
pregnancy
(VIII)

Other
measures
after
childbirth

Ratifications

(IX)

(X)

(1) Pregnant women
may not be
employed
on carrying
heavy objects

(1) and (2)
Pregnant
women
may not be
employed
on work
harmful to
their
health.

—

Ratification recommended.

— 54 —
REGULATIONS

CONCERNING

THE

EMPLOYMENT

B. — Legislation in States Members of

National systems of legislation

Scope of t h e relevant provisions

(I)

JIÏL

FRANCE

Period during
which t h e
employment of
women before
a n d after
childbirth i
prohibited
(HI)

R i g h t to b e
absent from
employment
before and
after childbirth
(IV)

(continued)

(3) Act of 17 J u n e 1913 concerning relief for women during
childbirth, as amended b y t h e
Act of 2 December 1917 ; Act
concerning relief t o women
nursing their children, d a t e d
24 October 1919 ; Acts fixing
m a t e r n i t y and n u l l i n g benefits:
B u d g e t Act of 30 J u l y 1913,
sections 68 to 75 ; Finance Act
of 30 April 1921, sections 93
t o 95 ; Budget Act of 1930-31,
sections 168-169.

(3) F r e n c h women with no resources.

(4) Decree of 11 March 1926 concerning provision for nursing
mothers.

(4) As for (2).

(5) Social Insurance Act of 5
April 1928, section 9, as
amended by t h e Act of 30
April 1930.

(5) All wage earners whose wage does n o t
exceed 15,000 francs (18,000 in towns
of over 200,000 inhabitants) are liable
for compulsory insurance ; for those
with one child t o maintain t h e m a x i m u m is raised b y 2,000 francs, for 2
children b y 4,000, and for 3 or more
children b y 7,000 frs.
(6) W o m e n teachers in public schools.

(6) Act of 15 March 1910 concerning maternity leave for
women teachers.
(7) Act of 13 July 1911, fixing t h e
general budget, section 140.

(8) Act of 19 March 1928 confirming a n d cancelling credits
in t h e general budget, section
42.

FRENCH COLONIES and
PROTECTORATES
Algeria
(1) Decree of 19 J a n u a r y 1915
applying the provisions of
Book I of t h e Labour Code
(applies section 29 in t h e t e x t
of 28 December 1910).

with 3 extra
weeks in case of
sickness subse
quent t o confinement.

(6) Work m a y (6) Onemonth's
not be resumed leave before
until a medical a n d one m o n t h
certificate is
after, extended
(7) Extension of t h e provisions of t h e Act obtained stat- to 2 months if
ing
t
h
a
t
the
found necessary
of 15 March 1910 t o the female staff of
t h e postal, telegraph and telephone ser- m o t h e r h a s re- after a medical
covered.
examination.
(8) Extension of t h e provisions of t h e Act
of 15 March 1910 t o female employees
on t h e p e r m a n e n t staff of State administrative bodies or undertakings.

(1) E v e r y woman b o u n d b y a contract of
employment.

(1) 8 weeks
before and after
confinement.

(2) Decree of 25 August 1919
applying section 29 (o) of
Book I of t h e L a b o u r Code.

(2) E v e r y woman b o u n d by a contract of
employment.

(3) Decree of 15 J a n u a r y 1921
applying (with certain reservations) Book II of t h e L a b o u r
Code.

(3) Sections 54(a) t o 54(e) do not apply in
Algeria.

(2) Women
who are obviously
pregnant m a y leave
their employm e n t without
notice and
without being
liable t o a penalty for breach of contract.

— 55 —
OF W O M E N

BEFORE

AND

AFTER

CHILDBIRTH

the International Labour Organisation (continued)

Maintenance in
employment

JXL

Facilities granted
t o mothers for
nursing t h e i r
children
(VI)

Any agreement
t o t h e contrary is
automatically
void. A woman is
entitled to legal
assistance before
courts of t h e first
instance.

(4) Undertakings employing
more t h a n 100
women m a y be
obliged t o instal
a d a y nursery for
children under
one year of age.

(6) Full salary
during t h e 2
m o n t h s ' leave and
t h e other 2
months if necessary.

Absence from
work for 8 consecutive weeks before a n d after
confinement does
not entitle t h e
| employer to term i n a t e t h e contract ; otherwise
he is liable for damages.
Any agreement
t o t h e contrary
is automatically
void. The woman
is entitled t o legal
assistance before
courts of t h e first
instance.

Benefits during t h e period
of absence
(VII)

Monthly nursing allowance of
15 t o 75 francs for not more
t h a n 6 months, of -which t h e
State pays 3/ 4 and t h e department
and municipality
the
other 1/4.
The m a t e r n i t y and nursing
allowances are proportionately
raised in t h e case of multiparity.
(5) Compulsory social insurance :
(a) medical a t t e n d a n c e a n d drugs
during pregnancy and t h e 6
m o n t h s after confinement, p a r t
of the expense being paid b y
t h e insured person ;
(6) daily benefit equal t o 50 per
cent, of t h e average wage for
6 weeks before and 6 weeks
after confinement, provided t h e
woman does not engage in rem u n e r a t i v e work a n d has contributed for 60 days during t h e
3 m o n t h s or 240 days in t h e 12
m o n t h s preceding her pregnancy.
(c) nursing allowance for not more
t h a n 9 m o n t h s (150 francs for
t h e first 4 m o n t h s , 100 francs
for t h e 5th and 6 t h , a n d 50
francs from t h e 7th t o t h e 9th).
If t h e m o t h e r is unable t o nurse
her child, milk vouchers are
given for not more t h a n 2/3 of
t h e value of t h e benefit.
(d) ordinary sickness benefits in
t h e case of pathological pregnancy.
(e) In a case of prolonged infirmity,
invalidity insurance t a k e s effect
6 weeks after confinement.

Other
measures
concerning
pregnancy
(VHI)

Other
measures
after
childbirth

Ratifications

(IX)

JXL

— 56 —
REGULATIONS

CONCERNING

THE

EMPLOYMENT

B. — Legislation in States Members of

National systems of legislation

Scope of t h e relevant provisions

_iï)

(ID

Period during
which t h e
employment of
women before
and after
childbirth i
prohibited
(IIP

Right t o be I
absent from
employment
before a n d
after childbirth
(IV)

French Equatorial Africa
Order of 28 October 1924 prohibiting t h e employment of
p r e g n a n t women or nursing
mothers.

Public or private workplaces ; no distinc- Pregnant wotion of nationality or civil status.
m e n or nursing
mothers m a y
not be employed.

French West Africa
N a t i v e women employed in commercial,
industrial or agricultural undertakings.

A total of 8
weeks before
a n d after.

E v e r y w o m a n b o u n d b y a contract of employment.

Cf. col. V.

(1) Decree of 7 February 1924 for
t h e application of Book I of
t h e L a b o u r Code (according
t o section 1, section 29 of
t h e Code applies in t h e t e x t
of 28 December 1910).

(1) E v e r y w o m a n b o u n d b y a contract of
employment.

Cf. col. V.

(2) Decree of 7 F e b r u a r y 1924 for
t h e application of Book I I of
t h e L a b o u r Code (section 15 of
t h e Decree).

(2) All women employed in factories, works, (2) F o u r weeks
quarries, underground or open mines, after.
building y a r d s , workshops and branches
of a n y kind.

N a t i v e L a b o u r Order of 29 March
1926, section 42.
Guadeloupe
Decree of 4 September 1913 for
t h e application of Book I of
t h e L a b o u r Code (according t o
section 1, section 29 of t h e
Code applies in t h e t e x t of
28 December 1910).
Guiana

Martinique
Cf. col. V.

Decree of 2 March 1912 for t h e
application of Book I of t h e
L a b o u r Code (according t o
section 1, section 29 of t h e
Code applies in t h e t e x t of 28
December 1910).
New Caledonia
(1) Decree of 5 October 1927 for
t h e application of Book I of
t h e L a b o u r Code (according t o
section 1, sections 29 a n d 29(a)
of t h e Code apply.
(2) Decree of 5 October 1927 for
t h e application of Book I I of
t h e L a b o u r Code (section 15
of t h e Decree).

(1) A n y woman b o u n d b y a contract of
employment.

(1) As for
Algeria (texts
1 a n d 2).

(2) Four weeks
after.

— 57 —
OF WOMEN BEFORE AND AFTER

CHILDBIRTH

the International Labour Organisatwn

(continued)

Maintenance in
employment
(V)

Facilities granted
t o mothers lor
nursing their
children
(VI)

Benefits during t h e period
of absence
(VII)

Other
measures
concerning
pregnancy
(VIII)

—

—

Other
measures
after
childbirth

Ratifications

(IX)

(X)

—

The employer m u s t provide t h e
daily allowance of provisions
and hall t h e wage during t h e
8 weeks.

As lor Algeria
(text 1).

"

•

As lor Algeria
t e x t 1).

—

—

—

—

(2) F o r 1 year
after t h e birth oí
t h e child two
breaks of half-anhour; suitable accommodation
must be provided
for nursing.

—

—

As lor Algeria
(text 1).

As lor Algeria
(text 1).

(2) As for
Guiana (text 2).

—

—

—

— 58 —
REGULATIONS

CONCERNING

THE

EMPLOYMENT

B. — Legislation in States Members of

National systems of legislation

Scope of t h e relevant provisions

•m

(H)

Period during
Right t o be
which t h e
employment of absent from
women before employment
and after
before and
childbirth is
after childbirth
prohibited
(IV)
(III)

Oceanic Establishments
(1) Order of 24 March 1924 t o
regulate.'the conditions of engagement of industrial a n d agricultural workers other t h a n
those subject t o t h e Immigration Regulations, section 17.

(1) W o m e n workers and employees in
industrial a n d agricultural undertakings.

(1) One month
before and one
month after.

(2) S t a n d a r d contract for emig r a n t workers i n Pacific colonies, sections 8 a n d 20.

(2) Women immigrants employed under
contract in F r e n c h agricultural, mining
or industrial undertakings.

(2) One month
after.

All women b o u n d by a contract of employ m e n t .

Cf. col. V.

Réunion

Decree of 22 May 1916 for t h e
application of Book I of t h e
Labour Code (according t o
section 1, section 29 of t h e
Code applies in t h e t e x t of 28
December 1910).
Indo-Chlna

Order of 25 October 1927 for t h e
protection of native a n d foreign Asiatic workers (sections
83-85). Text applicable t o all
Provinces ; provisionally a p plicable t o t h e territory of
K o u a n g Tcheou W a n b y Order
of 19 December 1927.

N a t i v e or foreign Asiatic women employed
One m o n t h At the end
of
pregnancy
under contract in agricultural, industrial after.
and for the first
and mining undertakings (col V I for
2 months of
agricultural undertakings only).
nursing, women
may be employed only on
light work.

Morocco

Dahir of 13 J u l y 1926, regulating
working conditions, sections
18-19.

All women employed in industrial and commercial undertakings.

Cf. col. V.

All women employed in industrial undertakings.

As for M0'
irocco.

Tunis

Decree of 15 J u n e 1910, regulating
working conditions, sections
17-18.

— 59 —
OF WOMEN BEFORE AND AFTER

the International Labour Organisation

Maintenance in
employment

m

Facilities granted
to mothers for
nursing their
children
(VI)

CHILDBIRTH

(continued)

Benefits during the period
of absence
(VH)

(1) Wages must be paid by the employer during the rest of one
month before and one month
after confinement.
(2) In under- (2) Wages must be paid by the emtakings employing
ployer during the month's
more than four
absence.
families a nursery
must be set up
and maintained
by the employer.
In smaller undertakings one of the
women workers is
responsible for
looking after the
children.
As for Algeria
(text 1).

Agricultural
undertakings employing more than
50 women may be
required to set up
and maintain a
day nursery, and
to supply milk
and rice for the
children.
Same provisions
as section 29 of
the French Labour Code (cf. Algeria, text 1).

For 1 year after
the birth of the
child two breaks
of half-an-hour
each. Accommodation for nursing
must be provided
in undertakings
employing more
than 50 women
over 15 years of
age.
The necessary
As for Morocco.
breaks for nursing must be given
in addition to
ordinary breaks.
Accommodation
for nursing must
be provided in
undertakings employing more than
50 workers.

The employer must pay lull wages
during the month's rest.

Other
Other
measures
measures
after
concerning childbirth
pregnancy
(IX)
(VIH)

(1) After
the complete rest of
1 month
women
may be employed only
on
light
work for
other 2
months.

Ratifications
(X)

— 60
REGULATIONS

CONCERNING

THE

EMPLOYMENT

B. — Legislation in States Members of

National systems of legislation

Scope of t h e relevant provisions

<D

JUL

Period during
Right to be
which t h e
employment of absent from
women before employment
and after
before and
childbirth is after childbirth
prohibited
. _iiv)
(III)

GERMANY
(1) Act of 16 July 1927 concerning
t h e employment of women
before a n d after childbirth, as
amended by t h e Act of 29
October 1927.

(1) Six weeks (1) Six weeks
(1) Women wage earners liable for compulsory sickness insurance, except those after.
before.
employed in agriculture, forestry, cattle
rearing a n d fishery, or in subsidiary
undertakings employing not more t h a n
3 persons, or on domestic work.

(2) Federal Insurance Code, sections 195, 20O a n d 205, as
amended by t h e Acts of 9
J u l y 1926 and 18 May 1929.

(2) All women w a g e earners in industry,
agriculture a n d domestic service ; women
wage earners i n commerce whose a n n u a l
wage does n o t exceed 3,600 R M .
N o distinction of nationality (except
in cases of r e t o r t i o n ) .

(3) Orders of 13 F e b r u a r y 1924,
section 32, and 4 December
1924, sections 6(c) a n d 12,
concerning compulsory social
relief, and Principles of 1
August 1931 concerning m e thods a n d scope of relief.

(3) Indigent women n o t entitled to insurance benefits.

(4) Decision of t h e Federal Cabinet
Council of 24 J u l y 1923 a n d 2
August 1923, J N r R k 8027,
8353.

(4) Married women officials,

(4) Two weeks
(4) At the
before a n d four request of t h e
w o m a n , four
weeks
after ; a t t h e weeks before
request of t h e a n d six weeks
woman a n d on after.
presentation of
a medical certificate work
m a y be resumed before t h e
end of t h e four
weeks.

61
OF

WOMEN

BEFORE

AND

AFTER

CHILDBIRTH

the International Labour Organisation (continued)

Maintenance in
employment
(V)

(1) The post
m u s t be kept open
during t h e twelve
weeks of rest and
for other six
weeks if necessary.

Facilities granted
t o mothers for
nursing their
children
(VI)

Benefits during t h e period
of absence
(VH)

Other
measures
concerning
pregnancy
(VIII)

Other
measures
after
childbirth

Ratifications

(IX)

JXL

Ratification regis-1
tered31
October
1927.

(1) An e x t r a
break of 1 hour
or two breaks
of half-an-hour
every d a y .

(2) Compulsory sickness insurance :
(a) medical attendance ;
(¡>) fixed allowance of 10 t o 25 R M .
as a contribution t o t h e cost of
confinement ;
(c) before confinement :
if t h e w o m a n abstains from rem u n e r a t i v e employment,
an
allowance equal t o three-quarters of her wage for six weeks,
or longer if t h e confinement is
delayed ;
if t h e w o m a n continues h e r r e munerative employment,
an
allowance equal t o half her wage
for four weeks.
(d) after confinement :
allowance equal t o t h e sickness
allowance (half t h e wage) a n d
n o t less t h a n 0.50 RM. for six
weeks (extended u p to 13 weeks
in case of incapacity for work) ;
(e) nursing bonus equal t o a q u a r t e r
of t h e wage for not less t h a n
12 and not more t h a n 26 weeks.
Condition : six m o n t h s of insurance
in t h e t e n months preceding
confinement.
(3) Public relief :
(a) medical attendance ;
(6) contribution t o t h e cost of confinement ;
(4) Hours of
service m u s t b e
so arranged as to
permit of n u r s ing.

(c) allowance of not less t h a n 0.50
R M . for four weeks before and
six weeks after confinement ;
(d) nursing bonus of not less t h a n
0.25 R M . for 12 weeks.

(4) The ad-l (4) U p to;
ministrat h e end of
tion m a y t h e
sixth
send on
week a woleave for m a n official
reasons ofl m a y n o t bej
service a
employed
woman of- b e t w e e n
ficial who] 10 p . m .
is pregnant a n d 7 a.m.
During t h e
3 months
preceding
confinement
a woman
official mayj
n o t b e employed be-j
tween 10
p.m.
and
7 a.m.

— 62 —
REGULATIONS

CONCERNING

THE

EMPLOYMENT

B. — Legislation in States Members of

National systems of legislation

Scope of the relevant provisions

(I)

(II)

GREAT

BRITAIN

(1) Factory and Workshop Act,
1901 (Edw. 7, ch. 22), sections
61 and 103.

(1) According to section 61, the provisions
of the Act apply to factories and workshops ; according to section 103 they
apply to laundries. No distinction made
as to nationality or civil status.

(2) National Health
Insurance
Act, 1924, sections 14 and 56.

(2) Insurance is compulsory for women
wage earners, manual workers (in
industry, commerce, agriculture and
home work, with certain exceptions)
and for non-manual workers earning
less than £250 a year (except certain
specified exceptions).
Married women receive double the
benefits to unmarried women.

BRITISH

Period during
which the
Right to be
employment of absent from
women before employment
and after
before and
childbirth i after childbirth
prohibited
(IV)
(HI)

(1) 4 weeks
after.

POSSESSIONS

Borneo - Sarawak
Order No. N. 3 (Netherlands Indian Labourers' Protection).

Borneo - Brunei
Enactment No. 1 of 1924 relating
to Indian immigration.

Immigrant women employed under contract.

Ditto.

2 months before ; 2 months
after.

Ditto.

— 63 —
OF WOMEN BEFORE AND AFTER CHILDBIRTH

the International Labour Organisation (continued)

Maintenance in
employment
(V)

—

Facilities granted
t o mothers for
nursing t h e i r
children
(VI)

—

At t h e request
of t h e Protector
of Immigrants t h e
employer is obliged t o instal and
maintain a day
nursery for young
children a n d to
supply milk a n d
rice according t o
t h e instructions of
t h e Protector.

Benefits during t h e period
of absence
(VII)

(2) Compulsory sickness insurance.
(a) A directly insured person, m a r ried or not, draws a l u m p sum
allowance of n o t less t h a n £2.
Condition : P a y m e n t of contributions for 42 weeks (52 in
t h e case of voluntary insurance).
(¡>) A married insured w o m a n (or a
widow giving b i r t h t o a posthum o u s child) draws from her
husband's insurance, or from
her own if t h e h u s b a n d is not
insured, a second confinement
allowance of n o t less t h a n £2.
Condition : abstention from
remunerative employment for
four weeks after confinement.
(c) If medical a t t e n d a n c e is granted
its value is deducted from t h e
l u m p sum allowance.
(d) In case of illness following confinement
t h e usual sickness
benefits (not less t h a n 12s. a
week) from t h e fifth week after
confinement u p t o a m a x i m u m
of 26 weeks.
(e) In t h e case of longer incapacity,
invalidity benefit is paid (not
less t h a n 7s. 6d. a week).

The employer is h o u n d :
(o) t o p a y a maternity allowance
equal, on t h e first occasion, t o
two-sixths of t h e total wage
earned in his employment during
the six m o n t h s preceding t h e
period of assistance or such
shorter period as t h e w o m a n
worked for him ; t h e second a n d
subsequent times, equal t o t w o elevenths of t h e wage earned
during t h e 11 m o n t h s preceding
t h e period of assistance or during
such shorter period as separates
t w o periods of assistance ;
(6) t o provide medical t r e a t m e n t
a n d m a i n t a i n t h e w o m a n in
hospital or some other place.

Other
measures
concerning
pregnancy
(VIII)

Other
measures
after
childbirth

Ratifications

(IX)

(X)

— 64 —
REGULATIONS

CONCERNING

THE

EMPLOYMENT

B. — Legislation in States Members of

National systems of legislation

Scope of t h e relevant provisions

JIL

(II)

Period during
Right t o be
which t h e
employment of absent from
women before employment
a n d after
before and
childbirth i after childbirth
prohibited
(IV)
(HI)

Straits Settlements
L a b o u r Ordinance N o . 14 of 1923,
sections 28 and 29.

All Asiatic women wage earners employed
in t h e crafts, agriculture or a n y o t h e r
work except domestic service.

1 m o n t h before ; 1 month
after.

Federated Malay States
Labour Code of 1923 sections 74
and 75.

Ditto.

Ditto.

Ditto.

Ditto.

Ditto.

Ditto.

Ditto.

Ditto.

Ditto.

Ditto.

Non-federated Malay States:
State of Johore
L a b o u r Code of 1924, sections 74
a n d 75.
State of Kedah
L a b o u r Code of 1345 (1927), sections 48 t o 49.
State of Kelantan
Indian Immigration E n a c t m e n t ,
1927, sections 49 t o 50.
State of Perlis
L a b o u r Code of 1345 (1927), sections 48 t o 49.
Malta
Factories Regulation Act 1926,
section 5.

Northern Rhodesia
E m p l o y m e n t of Natives Ordinance
of 1929, section 44.

A n y woman employed in an industrial
u n d e r t a k i n g employing n o t less t h a n
10 wage earners or on building work
or in quarries.
Benefits granted t o married women
only.
A n y native woman employed under
contract of service written or oral.

a

20 days after,
unless a medical certificate
shows t h a t t h e
woman is able
t o work.

65 —
OF WOMEN BEFORE AND AFTER CHILDBIRTH

the International Labour Organisation (continued)

Maintenance in
employment
(V)

—

Facilities granted
to mothers for
nursing their
children
(VI)

Any person employing more than
50 women may be
obliged to instal a
day nursery and
to keep it in proper conditions under the supervision of the Controller.

Benefits during the period
of absence
(VII)

Other
measures
concerning
pregnancy
(VIII)

Other
measures
after
childbirth

Ratifications

(IX)

(X)

—

Ditto.

—

—

—

Ditto.

Ditto.

—

—

—

Ditto.

Ditto.

—

—

—

—

Ditto.

Ditto.

—

—

—

—

Ditto.

Ditto.

—

—

—

—

Ditto.

Ditto.

—

—

—

Any contract for a married woman
must make provision for a
reasonable allowance being paid
by the employer during childbirth.

—

—

—

—

The employer
is entitled to terminate the contract and dismiss
a woman wage
earner or apprentice on account
of incapacity for
work resulting
from pregnancy
or childbirth provided he pays her
wage up to the
date of dismissal.

—

— 66 —
REGULATIONS

CONCERNING

THE

EMPLOYMENT

B. — Legislation in States Members of

N a t i o n a l systems of legislation

Scope of t h e relevant provisions

JÍL

(ID

Period during
Right t o be
which t h e
employment of absent from
women before employment
before and
a n d after
childbirth i after childbirth
(IV)
prohibited
(III)

GREECE
(1) Act N o . 2274 of 1 J u l y 1920
for ratification of t h e Convention.

(1) As in t h e 1919 Washington Convention
(the Act reproduces t h e wording of t h e
Convention a n d provides t h a t it shall
be incorporated in Greek legislation a t
a later d a t e ) .

(2) Act N o . 4029 of 24 J a n . - 6 F e b .
1912 concerning t h e e m p l o y m e n t of women a n d y o u n g
persons, and A d m i n i s t r a t i v e
Decree of 14 /27 August 1 9 1 3 .

(2) Industrial a n d commercial
ings.

undertak-

(2) A total of
8 weeks, of
which 4 a t least
after.

GUATEMALA
(1) L a b o u r Decree N o . 1434 of
30 April 1926 p r o m u l g a t i n g
t h e Labour Act, sections 30
t o 37.

(1) Industrial a n d commercial u n d e r t a k (1) 4 weeks
ings, except those employing only before a n d 5
members of one family.
after.
Applies t o women working on t i m e
rates or job rates.

(2) Decree of 20 F e b r u a r y 1929
a p p r o v i n g t h e constitution of
t h e Child Welfare Society.

HUNGARY
(1) Act V of 1928 of 12 J a n u a r y
1928 respecting t h e protection
of children, y o u n g persons a n d
w o m e n employed in i n d u s t r y
a n d in certain other u n d e r t a k i n g s , sections 8 a n d 20.

(1) 6 weeks
(1) 6 weeks
(1) Industrial undertakings, building, mines,
after.
before or when
transport, etc.
there is danger
of a miscarriage. At any
moment during
pregnancy on
production of
medical certificate.

(2) Act X X I of 1927 of 3 A u g u s t
1927 respecting compulsory
sickness insurance, sections 30
t o 54.

(2) Briefly, industrial undertakings of every
kind (including mines, t r a n s p o r t b y
land, water and air, handling of goods,
etc.), domestic service, certain offices
a n d official posts.
Any person employed in these undertakings whose a n n u a l wage does n o t
exceed 3,600 pengö, or t h e m o n t h l y
wage 300 pengö (except persons subject t o pensions insurance).

— 67 —
OF WOMEN BEFORE AND AFTER CHILDBIRTH

the International Labour Organisation (continued )

Maintenance i n
employment
(V)

Facilities granted
to mothers for
nursing their
children
(VI)

Benefits during t h e period
of absence
(VII)

Other
measures
concerning
pregnancy
(VIH)

Other
measures
after
childbirth

Ratiücations

(IX)

(X)

—

—

T h e post m u s t
be k e p t open.

—

—

—

(1) N o woman
m a y b e dismissed
on account
of
pregnancy.
The post is
kept open during
t h e whole legal
absence, and beyond t h a t in case
of sickness resulting from confinement. A n y woman
dismissed during
t h e three m o n t h s
preceding or following confinement is entitled
to 90 d a y s ' wages.

(1) A break of
15 minutes every
three hours, or
offener on production of a m e dical certificate.

(1) Employers : 50 per ' cent, of
wages during t h e compulsory
rest of four weeks before a n d
after. Medical a t t e n d a n c e m a y
be given in place of p a r t of this
allowance.

(1) Dismissal on
account of
pregnancy
is prohibited.
(2) Cf. col. (2) The Society has t o
IX.
deal with
t h e conditions of
employm e n t of
women before and
after
childbirth.

(2) One import a n t task of t h e
Society is t o set
u p d a y nurseries
for t h e children of
working women.

(1) The post is
(1) Two breaks
kept open during making a total of
t h e legal absence. one hour's e x t r a
In case of compli- rest.
cations following
on confinement
t h e rest m a y be
extended b y 4
weeks on production of a medical
certificate. A wom a n m a y not be
dismissed during
this absence except in t h e case
of a contract for
a fixed period or
for a specific purpose which has
been fulfilled, or
when there is
some o t h e r legit i m a t e m o t i v e for
dismissal and notice has
been
given at least 8
d a y s ' before t h e
woman absented
herself
from
employment.

(2) Compulsory sickness insurance :
(a) Obstetrical assistance a n d treatment;
(¡>) Pregnancy allowance equal t o
t h e average daily wage for six
weeks, or until confinement in
case of error as t o t h e d a t e ;
(c) Confinement allowance for six
weeks after confinement, equal
t o t h e average daily wage. I n
case of sickness arising out of
coníinemüiii, sickness benefit
after six weeks;
(d) Nursing benefit of 60 filler a
day for 12 weeks after t h e confinement benefit, or t h e equivalent i n food if t h e m o t h e r
cannot nurse her child.
At t h e discretion of t h e funds this
benefit m a y b e raised t o t h e
a m o u n t of t h e sickness benefit
(60 per cent, of wages) ; in case
of multiparity it is raised p r o portionately;
(e) At t h e discretion of t h e funds a
layette m a y be lent or given.
Conditions: Contributions during six m o n t h s i n t h e y e a r p r e ceding confinement a n d suspension of occupational employment.

_

—

Ratification registered 1 6
April 1928.

— 68 —
REGULATIONS

CONCERNING

THE

EMPLOYMENT

B. — Legislation in States Members of

National systems of legislation

Scope ot t h e relevant provisions

(I)

(H)

Period during
Right to be ¡
which t h e
employment of absent from I
women before employment
before and
and after
childbirth is after childbirth
(IV)
prohibited
(III)

INDIA
Bombay
M a t e r n i t y Benefits Act, 1929.

Central Provinces
Maternity Benefits Act, 1930.

W o m e n workers in factories in t h e city of
B o m b a y a n d suburbs a n d in certain
provincial towns.

4 weeks after. 3 weeks before.

W o m e n workers in factories covered b y t h e
Factories Act of 1911 (the Act will come
into force on t h e decision of t h e local
government, which m a y e x e m p t from
its scope factories not working more
t h a n 9 m o n t h s in t h e year).

4 weeks after. 4 weeks before,

IRISH FREE STATE
Provisions similar
G r e a t Britain.

to

those

in

ITALY
(1) Uniform text of t h e Act relating t o the employment of
women and children, sanctioned b y Royal Decree N o .
818 (10 November 1907).

(1) Industrial undertakings.

(2) Decree of 6 August 1916,
N o . 1136, for t h e application
of t h e above Act, section 47.

(2) D i t t o .

(3) Decree N o . 2157 of 24 Sept e m b e r 1923, approving t h e
Maternity Fund.

(3) Insurance is compulsory for all women
workers between 15 a n d 50 years of
age (and also for all women workers
a n d employees in industrial and commercial undertakings according t o t h e
Legislative Decree of 13 May 1929).

(4) Royal Decree No. 3158 of 30
December 1923, respecting
compulsory insurance against
unemployment, section 6.

(4) Insurance is compulsory for all persons
who hire their services t o a third person,
except for certain given categories, including those whose monthly salary
exceeds 800 lire, women workers in
agriculture, domestic servants, homeworkers a n d officials in the public
service.

(5) Legislative Decree N o . 1825 of
13 November 1924, respecting
t h e contract of e m p l o y m e n t ,
of salaried employees, section
6.

(5) All persons engaged
employment.

(6) Decree No. 530 of 14 April
1927, t o approve t h e general
Regulations respecting i n d u s trial hygiene, sections 34 a n d
39.

(6) Section 34 (day nurseries) applies to
industrial undertakings ; section 39
(carrying of weights) applies to all
undertakings.

in

non-manual

(5) Cf. col. V.

— 69 —
OF WOMEN BEFORE AND AFTER

CHILDBIRTH

the International Labour Organisation (continued)

Maintenance in
employment
(V)

The post is kept
open. The worker
may not be dismissed during the
7 weeks' absence.

A woman may
not be dismissed
during maternity
leave or at a date
such that the notice would expire
during her leave.

(5) A woman
employee engaged
under a private
contract is entitled to have her
post kept open
during 3 months
ot absence. If she
is absent for a
longer period she
may be dismissed,
subject to the
payment of the
compensation stipulated in the
Decree, proportionate to her
length of service.

Facilities granted
to mothers for
nursing their
children
(VI)

Benefits during the period
of absence
(VII)

Other
Other
measures
measures
after
concerning childbirth
pregnancy
(IX)
(VIII)

Ratifications
(X)

Employer : 8 annas a day during [
the 3 weeks before and the 4 ]
weeks after confinement.
Condition : To abstain from
all remunerative employment
and to have been employed in
the factory for at least six
months before the absence for
maternity.
|
Employer : Payment of average
daily wage, and at least 8 annas
a day, during the maximum of
4 weeks before (including the
day of confinement) and 4
weeks after.

(1), (2), (6) and (3) and (7) Compulsory maternity
insurance :
(8) AccommodaLump sum allowance of 150
tion for nursing
lire.
under satisfactory
hygienic condiConditions : Membership of
tions must be
the fund for 9 months before a
provided in innormal confinement, 6 months
dustrial establishbefore premature confinement
ments employing
and 3 months before a miscar50 women or over
riage ; work in employment
between the ages
covered by insurance for at
of 15 and 50.
least 15 days in the 360 days
preceding confinement.
(4) and (7) Unemployment insurance:
In addition to the maternity
insurance benefits, women insured against unemployment
draw benefits during their absence from work (reckoned as
indicated in col. Ill and V),
from the first day of absence
(normally the sixth day of unemployment), with a supplement of 0.50 lire a day on the
ordinary allowance, making a
total of from 1.75 to 4.25 lire
according to the category to
which they belong.
(5) The employer must pay the full
wage during the first month of
leave and half the wage for the
other 2 months.

Ratification authorised.

— 70 —
REGULATIONS CONCERNING THE E M P L O Y M E N T
B. — Legislation in States Members of

National systems of legislation

Scope of the relevant provisions

(I)

.(H)

ITALY (continued)

Period during
which the
employment of
women before
and after
childbirth is
prohibited
(III)

Right to be
absent from
employment
before and
after childbirth
(IV)

(7) One month
before and one
month after.
May possibly
be reduced to
3 weeks before
and 3 weeks
after if the nature of the
work and the
(8) 6 weeks
(8) Royal Decree No. 1358 of 28 (8) Ditto.
health of the before.
August 1930, for the appliwoman
permit
cation of the above Legislative
(medical certifiDecree.
cate required).
(9) One month
(9)
Women
workers
in
rice
fields.
(9) Health Act No. 636 of 1
before and one
August 1907, containing the
month after.
Act concerning employment in
(11)2 months'
rice fields, section 82.
special leave in
addition
to the
(10)
Ditto.
(10) Royal Decree No. 312 of
ordinary an18 February 1930 regulating
nual
leave.
employment in rice fields in
After 60 days'
the Province of Rome, secleave for contion 14.
finement a
further 30 days
(11) Decree No. 99 of 14 January (11) Married women on the administrative
of ordinary
staff of the postal and telegraph ser1926 laying down rules and
leave may be
vices.
conditions for the treatment
taken,
after
of the administrative staff of
which the wothe postal, telegraph and teleman
is
suspendphone services in cases of
ed.
sickness and accident.

(7) Legislative Decree No. 850
of 13 May 1929, to provide
for the welfare of women wage
earning and salaried employees
during pregnancy and childbirth (converted into an Act
on 2 July 1929, No. 1289).

(7) Women workers and employees in industrial and commercial undertakings,
except family undertakings (excluding
persons working at home). It may be
extended by a decision of the Minister
t o women employed on arduous agricultural work.

JAPAN
(1) Factories employing more than 10 (1), (2) and (3)
workers and factories using power of 4 weeks before
any kind or engaged on dangerous or childbirth and
6 weeks after
unhealthy work.
(or after a miscarriage occurr(2) Imperial Ordinance No. 153 of (2) Ditto.
ing after the
5 June 1926, sections 16 and
fourth month).
27(a); No. 13 of 7 June 1926,
The period is
to amend the Regulations for
reduced to 4
the administration of
the
weeks
on proFactory Act, sections 9 and 10.
duction of a
medical certifi(3) Regulations of 3 August 1916 (3) Mining undertakings.
cate and for
concerning work in mines, as
light work.
amended bv Order No. 17
of 24 June 1926, sections 15
and 16.
(1) Factories Act No. 33 of 29
March 1923 as amended i n
1929, section 12.

(4) Sickness Insurance Act No. 70 (4) Insurance is compulsory for persons
of 22 April 1922, sections 50
employed in undertakings covered by
et seq., as amended by Act
the Factories Act or the Mines Act,
No. 34 of 27 March 1926 ;
except salaried employees of adminisAdministrative Order No. 243
trative offices whose annual salary exof 30 June 1926 (Chapter IV).
ceeds 1,200 yen.

—

— 71 —
OF W O M E N B E F O R E AND AFTER

the International Labour Organisation

Maintenance in
employment
(V)

(7) The post is
kept open during
t h e legal absence
(2 months), extended for other
3 m o n t h s in case
of sickness following on confinement.
(8) Cf. col. V I I I .

Facilities granted
t o mothers for
nursing their
children
(VI)

(7) 2 extra
breaks, each of
one h o u r if no
accommodation is
provided for nursing, a n d half-anh o u r if accommodation is provided ; in t h e first
case t h e woman is
entitled to leave
t h e buijding.

(10) 2 extra
breaks of at least
half-an-hour each.

(1) a n d (3) 2
breaks of 30 minutes (except for
women working
underground in
(2) W h e n a mines, for whom
w o m a n is dismiss- special provisions
ed when absent m u s t be made t o
on account of enable t h e m t o
nurse their childpregnancy or
childbirth (cf. col. ren).
I l l ) , t h e period
of such absence
c a n n o t be t a k e n
i n t o account when
reckoning t h e period of notice.

CHILDBIRTH

(continued)

Benefits during t h e period
of absence
(VII)

Other
measures
concerning
pregnancy
(VIII)

Other
measures
after
childbirth

Ratifications

(IX)

(X)

(8) Pregnancy must
be notified;
dismissal is
forbidden
when a certificate of
pregnancy
has
been
issued
(6
months),
except for
serious misdemeanours or a
general
of
(11) The full wage is paid during cessation
work.
2 months of special leave.
(9) Pregnancy must
b e notified.

(4) Compulsory sickness insurance :
(a) L u m p sum confinement allowance of 20 yen ;
(f>) Daily m a t e r n i t y benefit equal
t o 60 per cent, of t h e daily wage
for 28 days before a n d 42 days
after confinement. In t h e event
of a mistake as t o t h e d a t e ,
t h e preceding period m a y be
extended by 7 d a y s ;
(c) Medical a t t e n d a n c e m a y be
granted and t h e confinement
allowance reduced t o 10 yen.
Condition : t o have been
insured a t least 180 d a y s during
t h e year preceding confinement
After 90 days' insurance a
confinement allowance or assistance of a midwife is granted.

—

The Prefect
m a y order
t h e employer t o
restrict or
prohibit
t h e employ
m e n t of a
w o m a n immediately
after childb i r t h in circumstances
other than
those specified in col
III.

1

— 72 —
REGULATIONS CONCERNING THE EMPLOYMENT

B. — Legislation in Suites Members of
National systems of legislation

Scope oí the relevant provisions

(I)

(II)

Period during
Right to be
which the
employment of absent from
women before employment
before and
and after
childbirth i after childbirth
(IV)
prohibited
(HI)

LATVIA
(1) Act respecting hours of work
of 24 March 1922, sections 1 2
and 16.

(1) Women wage earners in public and
(1) and (2) 4
private undertakings (excluding agri- weeks before
culture, shipping, domestic work, hos- and 8 weeks
pitals, teaching, transport and various after.
administrations).

(2) Order of 13 September 1923
respecting the hours of work
of railway employees, section 11.

(2) Women wage earners in the railway
service.

(3) Order respecting sick funds of
10 July 1930 amended on 6
October 1930, sections 35 and
46-48.

(3) Insurance is compulsory for all wage
earners except those employed on agricultural undertakings, or on boats
engaged in distant trade (no wage
limit).

LITHUANIA
(1) Sick Funds Act of 9 December
1925, as amended on 28 September 1926 and 1 4 May 1928,
sections 16, 23-37, 42 and
54-59.

(1) All wage earners in public or private
undertakings except agricultural workers or persons earning more than 400
litas a month (about 200 gold francs).
N o distinction of nationality (except
in the case of family allowances when
no reciprocity agreement exists).

(2) Act No. 2057 of 1929 respecting the conditions of employment of agricultural workers.

(2) Women wage earners in agriculture.

Cf. col. VII.

— 73 —
OF

WO MEN

BEFORE

AND

AFTER

the International Labour Organisation

Maintenance in
employment
(V)

Facilities granted
t o mothers tor
nursing their
children
(VI)

(1) A b r e a k ol
(1) Dismissal
forbidden during one hour, or t w o
breaks oí half-ant h e 12 weeks.
hour in a n y 8
working hours
during t h e lull
period of nursing.

CHILDBIRTH

(continued)
Other
Other
measures
measures
after
concerning ¡childbirth
pregnancy
(IX)
(VIH)

Benefits during t h e period
of absence

JYJJ)

(d) B y a decision of t h e General
Assembly a n allowance equal to
one-quarter of t h e wage m a y be
granted for t h e maintenance of
t h e child during t h e first 8
months.

Compulsory sickness insurance :
(a) Medical and obstetrical a t t e n d ance ;
sum

allowance

of

50

(c) Benefits equal to t h e sickness
allowance, and varying with
family circumstances (from 50
per cent, t o 100 per cent, of
wages) for 2 weeks before a n d
6 weeks after confinement.
I n case of loss of working
capacity of 60 per cent, during
pregnancy, t h e benefit m a y be
paid for 6 weeks before confinement ;
(d) Hospital t r e a t m e n t m a y
given in place of benefit ;

be

(e) Nursing allowance a t t h e same
rate for 13 weeks if t h e m o t h e r
nurses her child or is prevented
from doing so on account of
illness.
Condition : Membership of t h e
fund for a t least 6 m o n t h s before
confinement.

-QÇ)

Ratification registered 3
J u n e 1926.

(3) Compulsory sickness insurance :
(a) Obstetrical and medical a t t e n dance ;
(b) Cash benefit equal t o t h e full
wage for 4 weeks before a n d 8
weeks after (prolonged in case
of error as t o t h e d a t e of confinement) ;
(c) Sickness benefit in case of p r o longed incapacity for work.
Conditions : Membership of
t h e fund for 3 m o n t h s before
confinement a n d abstention from
remunerative employment ;

(b) L u m p
litas ;

Ratifications

(2) Pregna n t women
may not be
employed
on
work
harmful t o
their h e a l t h

— 74 —
REGULATIONS CONCERNING THE EMPLOYMENT
B. — Legislation in States Members of

National systems of legislation

Scope of t h e relevant provisions

(I)

(II)

Period during
Right to be
which t h e
employment of absent from
women before employment
before and
and after
childbirth is after childbirth
(IV)
prohibited
(III)

LUXEMBURG
Act of 17 December 1925 respecting t h e Social Insurance Code,
sections 12 and 13.

W o m e n workers, servants and d a y labourers
in commercial a n d industrial undertakings, servants a n d d a y labourers in
agriculture who are regularly employed
in subsidiary undertakings, and works
officials, technical and other salaried
employees whose a n n u a l salary does n o t
exceed 10,000 frs.
I t is open t o t h e funds t o grant medical or
obstetrical a t t e n d a n c e t o married insured women only, or t o insured women
in genera).

Cf. col. V I I .

MEXICO (Union)
Constitution of 1917, section 123
(V), a n d Federal Labour Act
of 18 August 1931, sections
79, 91 a n d 110.

E v e r y person engaged in wage-paid em- 8 days before ; In case of
ployment.
1 m o n t h after. incapacity for
work due t o
sickness t h e
leave must be
extended.

NETHERLANDS
(1) L a b o u r Act of 1919, a m e n d e d
in 1922 ; t e x t promulgated b y
Decree of 21 J u l y 1925, section 1 1 .

(1) 12 weeks,
(1) F a c t o r y a n d work places specified in
at
t h e Act (including shops, business offices, of which
hospitals, certain subsidiary agricultural least six are
after.
work, etc.).

(2) Sickness Insurance Act of 24
J u n e 1929, section 39.

(2) Insurance is compulsory for all wage
earners whose wage does not exceed
3,000 florins.
Maternity benefit is granted only t o
married insured women.

—

— 75 —
OF WOMEN BEFORE AND AFTER

CHILDBIRTH

the International Labour Organisation

(continuedi

Maintenance in
employment
(V)

Facilities granted
t o mothers for
nursing their
children
(VI)

Benefits during t h e period
of absence
(VII)

Other
measures
concerning
pregnancy
(VIII)

Other
measures
after
childbirth

Ratifications

(IX)

(X)

Compulsory sickness insurance :
(a) Cash benefit equal t o sickness
benefit (50 per cent, of wages)
for 8 weeks, of which 6 come
after confinement;
May be replaced b y t h e hospital t r e a t m e n t ; if t h e insured
woman h a s family responsibilities half t h e benefit is still
paid ;
(i>) Nursing bonus for 12 weeks (a
q u a r t e r of t h e benefit).
Condition : To h a v e been
insured for a t least 6 m o n t h s in
t h e year preceding confinement.
The funds m a y also grant a t
their discretion :
(a) Medical a t t e n d a n c e during
pregnancy and confinement;
(¡>) Benefit during t h e last 6
weeks of pregnancy if t h e
w o m a n is unable t o work ;
(c) An increased nursing bonus
up t o half t h e sickness benefit (a quarter of wages).

T h e p o s t is k e p t
Two b r e a k s of
Arduous
T h e employer m u s t p a y full wages
open during t h e half-an-hour each
during maternity leave (columns work proper day d u r i n g t h e
hibited
I I I & IV).
legal absence.
during
whole period of
pregnancy.
nursing.

(1) Adequate
breaks.

—

(2) Compulsory sickness insurance :
(a) Obstetrical attendance ;
(i>) Daily benefit equal to wages for
six weeks before a n d a t least
six weeks b u t not more t h a n six
m o n t h s after confinement.
Conditions :
(a) T o be married ;
(f>) Pregnancy must occur after
membership of t h e Insurance
F u n d (confinement more t h a n
six m o n t h s after joining).

Ratification registered 16
April 1928.

—

—

(1) Before Bill for r a resuming tification
w o r k t h e submitted
b u t withmarried
drawn after
woman
m u s t have t h e passing
t h e d a t e of of t h e 1929
her
con- Act:
finement
e n t e r e d in
h e r employm e n t book.

— 76 —
REGULATIONS CONCERNING THE E M P L O Y M E N T
B. — Legislation in States Members of

National systems of

egislation

Scope of the relevant provisions

(II)

(I)
DUTCH

Period during
Right t o be
which t h e
employment of absent from
women before employment
before and
and after
childbirth is after childbirth
(IV)
prohibited
(III)

COLONIES

D u t c h E a s t Indies, Outer P r o vinces.
Coolies Order for he E a s t Coast
of S u m a t r a , sections 4 (86 a n d
9) a n d 12 (1-2, ( S t a a t s b l a d
1915 N o . 421, 1925 N o . 2 0 1 ,
a n d 1927 No. 413).
Similar regulations h a v e b e e n
introduced by t h e Coolie Orders
for t h e following Outer P r o vinces (all being a m e n d e d b y
a n Order of 27 D e c e m b e r
1927, St. No. 571) : Atjeh a n d
dependencies (St. 1916 N o .
334), Tapiannoeli (St. 1918
N o . 41), Djambi (St. 1918
N o . 39), Western Districts of
Borneo (St. 1918 N o . 37),
A m b o i n a or Molluques (St.
1918 N o . 45), West Coast of
S u m a t r a (St. 1925 No. 303),
Bengkoeloe (St. 1925 N o . 304),
P a l e m b e n g (St. 1925 No. 305),
Southern and E a s t e r n Districts of Borneo (St. 1925 N o .
306), Celebes a n d d e p e n d e n cies (St. 1925 N o . 307), M a n a d a
(St. 1925 No. 308), Riou a n d
dependencies (St. 1925 N o .
309), districts of L a m p o e n g
(St. 1925 No. 310), B a n g k a
a n d dependencies (St. 1926
N o . 23).

All n a t i v e women belonging t o a province
of t h e D u t c h E a s t Indies other t h a n
t h a t in which t h e y are employed, or
belonging t o some alien Oriental race
who arc engaged under a written cont r a c t of employment (guaranteed b y
p e n a sanction) for commercial, agricult u r a l or industrial undertakings (except
small farms or small undertakings), or
for public works or t h e construction or
working of railways and t r a m w a y s .

The woman
must n o t be
required t o
work for 30
days before or
40 days after
confinement or
after a miscarriage ;
these
days are treated as days of
sickness.

NEW ZEALAND
(1) Factories Act No. 42 of 1 9 2 1 1922, section 24.

(1) Factories.

(2) T h e National Provident F u n d
Act, 1926, sections 42-47.

(2) Optional insurance for persons from 16
t o 50 years with a n income of less t h a n
£300. Maternity benefits t o married
women only.

(1) 4 weeks
after.

—

NORWAY
(1) Act for t h e protection of workers in industrial undertakings
of 18 September 1915, section
33.

(1) Factories using mechanical power,
mines a n d quarries, workshops in t h e
crafts or of an industrial n a t u r e employing not fewer t h a n 5 persons.

(2) Sickness Insurance Act of 6
A u g u s t 1915, amended b y t h e
Acts of 15 J u n e 1917, 2 3 J u l y
1918, 10 December 1920, 16
F e b r u a r y 1923, 17 J u l y 1925,
1 J u l y 1926 and 6 J u n e 1930,
sections 16, 18 (4), 19 (5) a n d
29 (2).

(2) Insurance is compulsory for all women
wage earners (workers and salaried employees) over 15 years of age whose
income is less t h a n 5,400 kroner a year.

—

(1) F o u r weeks
before on production of a
medical certificate; six weeks
after.

— 77 —
OF W O M E N

BEFORE

AND

AFTER

CHILDBIRTH

the International Labour Organisation (continued)

Maintenance in
employment
(V)

Facilities granted
t o mothers tor
nursing their
children
(VI)

Benefits during t h e period
ot absence
(VH)

The employer assumes t h e same
obligations as in t h e case of
sickness ; medical t r e a t m e n t ,
medical a t t e n d a n c e and drugs
at his expense, as well as good
food for t h e p a t i e n t and food
for her dependants.

(2) Optional insurance :
L u m p sum benefit of £6.
Conditions : t o h a v e paid contributions for 52 weeks before
confinement (or less a t t h e
discretion of t h e F u n d ) a n d t o
have received suitable obstetrical and medical a t t e n d a n c e
for a period of t h r e e weeks.

(1) Breaks m u s t
(1) At t h e request of t h e wo- be granted (duram a n t h e post is tion not fixed).
kept open until
t h e end of t h e 6
weeks
following
confinement.

(2) Compulsory sickness insurance :
(a) Attendance by a midwife and
supply of drugs.
( i ) Daily confinement benefit equal
t o 60 per cent, of t h e average
wage (not less t h a n 30 kroner
in all) for t w o weeks before and
six weeks after confinement.
Condition : Membership of
t h e district fund for 10 m o n t h s
before confinement.
(c) In place of t h e benefit, hospital
t r e a t m e n t and 50 per cent, of
t h e benefit t o t h e family.
(d) I n case of sickness : sickness
benefit.

Other
measures
concerning
pregnancy
(VHI)

Other
measures
after
childbirth

Ratifications

(IX)

(X)

— 78 —
REGULATIONS CONCERNING THE

EMPLOYMENT

B. — Legislation in States Members of

National systems of legislation

Scope of t h e relevant provisions

(I)

(ID

PANAMA
(1) Decree N o . 80 of 30 May 1925
concerning pregnancy a m o n g
employees of t h e postal a n d
telegraph service.
(2) Decree N o . 96 of 1925 a m e n d ing Decree No. 80.
(3) Maternity Protection Act of
5 N o v e m b e r 1930.

Period during
Right to b e
which t h e
employment of absent from
women before employment
before a n d
a n d after
childbirth is after childbirth
(IV)
prohibited
(HI)

(1) Suspension
during
preg(1) Women employed in t h e postal and tele- nancy. The employment of
graph service.
women with a
child of under
one y e a r is for(2) All women officials in t h e public service bidden.
(except teachers).
(2) Suspension
during
preg(3) Industrial a n d commercial establish- nancy. The employment of
ments.
women with a
child of under
six m o n t h s is
forbidden.
(3) E i g h t weeks
altogether before a n d after
confinement.

PERU

(1) Act of 25 November 1918
concerning the e m p l o y m e n t of
w o m e n a n d children, sections
14 t o 18.

(1) All wage earners.

(2) Administrative Regulations of
25 J u n e 1921 for t h e 1918 A c t .

(2) D i t t o .

(3) Order of 17 April 1925 fixing
t i m e limits for t h e installation
of nursing accommodation in
agricultural undertakings
where women are employed.

(3) Agricultural

POLAND
(1) A c t of 2 J u l y 1924 concerning
t h e employment of women a n d
y o u n g persons, sections 15 a n d
16, a n d Administrative Order
of 17 November 1924.

(1)

(2) Order of 11 March 1927 concerning works creches.

(2)

(3) Sickness Insurance Act of 19
May 1920, sections 30 a n d 3 1 ,
a n d Decree of 30 J u n e 1924.

(3)

(4) Act of 17 F e b r u a r y 1922 concerning t h e position of public
officials, section 28, a n d circular .o( t h e Ministry of t h e
Interior of 1923.

(4)

(1) and (2) 20
d a y s before ; 40
days after.

undertakings.

(1) 6 weeks
before on production of a
certificate.
(4) Absence on
a
Industrial, mining a n d commercial u n (1) 6 weeks c c o u n t of confinement is
dertakings, transport a n d communica- after.
considered as
tions, whether private or public.
legitimate absence which
cannot have
a n y unfavourDitto.
able consequences with regard
t o salaries or
AH women wage earners are liable for
other rights or
compulsory insurance.
privileges (as a
Salaried employees whose salary
rule, 8 weeks'
exceeds 30,000 zloty m a y b e exempted.
leave is granted, or up t o 12
W o m e n officials.
m o n t h s in t h e
case of sickness
arising out of
confinement).

79
OF

WOMEN

BEFORE

AND

AFTER

CHILDBIRTH

the International Labour Organisation (continued)

Maintenance in
employment
(V)

Facilities granted
t o mothers for
nursing their
children
(VI)

Benefits during t h e period
of absence
(VII)

Other
measures
concerning
pregnancy
(VIH)

Other
measures
after
childbirth

Ratifications

(IX)

JXL

(1) a n d (2) Married w o m e n m a y
be restored
to
their posts w h e n
t h e conditions in
col. I l l no longer
apply.
(3) Cf. col. V I I I .

(3) 15 minutes
break every four
houirs w i t h o u t reduction in wages.

(1) and (2) If a
(1) and (2) One
w o m a n is dismiss- hour a d a y , t o b e
ed during t h e 3 distributed as t h e
m o n t h s preceding woman wishes.
or t h e 3 m o n t h s
In undertakings
following confine- employing 25 or.
m e n t , she is en- more women over
titled t o 90 d a y s ' 18 years of age, a
wages (in addition day nursery m u s t
to t h e compensa- be installed for
tion stipulated in children u p t o
t h e contract).
one year.
(3) In agricultural undertakings employing 25
women workers
over 17 years of
age, a day nursery
m u s t be installed
during t h e period
of work in t h e
fields.

(1) Dismissal
prohibited during
t h e 12 weeks' legal
rest.

(4) Cf. col. IV.

(1) Two breaks
of
half-an-hour
each, reckoned in
working hours.
(1) a n d (2) In
establishments
employing more
t h a n 100 women,
a day
nursery
must be fitted u p .

(3) The employer m u s t p a y 50 per (3) Dismiscent, of wages during t h e eight sal on account
of
weeks* absence.
pregnancy
is forbidden.

(1) a n d (2) The employer m u s t p a y
60 p e r cent, of t h e wages d u r i n g
t h e 60 d a y s ' absence. H e m a y
cover himself against t h i s risk
b y insuring his women workers
or employees in accordance
with t h e Accident Insurance
Act.
Condition : Abstention from
remunerative employment.

(3) Compulsory sickness insurance : (1) Up to
(a) Medical a t t e n d a n c e before, dur6 days
ing a n d after childbirth;
e x t r a rest
(6) Benefit equal t o wages for 8
every
weeks, of which six are after
month
(or a reduction of 50 per cent.
during
and hospital t r e a t m e n t ) ;
pregnancy.
(c) Nursing bonus u p t o 50 groszy
a d a y for 12 weeks after t h e
cessation of benefit;
(d) Sickness benefit after 8 weeks
if incapacity for work continues.
Condition : To h a v e been
insured for a t least 4 m o n t h s
in t h e 12 months preceding
confinement.
(4) The salary is paid during t h e
s t a t u t o r y leave.

Bill for ratification.

^ysnrfo¡

'/-»,

PBIBUOTBÉ^

'Ï

— 80 — .
R E G U L A T I O N S CONCERNING THE EMPLOYMENT

B. — Legislation in States Members of

National systems of legislation

Scope of t h e relevant provisions

(I)

(11)

(1) Decree N o . 5516 of 7 May 1919
concerning hours of work ;
Regulations No. 8244 of 8 J u l y
1922, section 32.

(1) Commercial a n d industrial undertakings

(2) Decree N o . 14498 of. 29 October 1927 concerning t h e e m ployment of women a n d y o u n g
persons (sections 15 t o 21).

(2) a n d (3) Industrial undertakings.

Period during
Right t o be
which t h e
employment of absent from
women before employment
before a n d
and after
childbirth is after childbirth
(IV)
prohibited
(III)

PORTUGAL
(1) and (2) 4 (1) 6 weeks
weeks after.
before.

(3) Decree N o . 14535 of 31 October
1927 containing a d m i n i s t r a t i v e regulations for Decree N o .
14498, sections 8, 9 a n d 11-15.
(4) Sickness Insurance Act of 10
May 1919 promulgated b y
Decree N o . 5636, sections 28,
30 a n d 3 3 .

PORTUGUESE

(4)

In principle all women wage earners
are liable for insurance.

COLONIES

N a t i v e L a b o u r Code for t h e Portugese Colonies in Africa a p proved b y Decree N o . 16199,
of 6 December 1928, sections
286 t o 287.

AH native women engaged under contract.

RUMANIA
(1) Act of 9 April 1928 respecting
t h e employment of women, of
t h e protection of y o u n g persons a n d respecting hours of
work, sections 27-33, a n d Administrative Regulations of
5 F e b r u a r y 1929.

(1) Industrial a n d commercial
ings of every kind.

30 days before, 30 days
after.

—

(1) 6 weeks
before at most,
on production
(1) 6 weeks of a certificate.
undertakThe doctor m a y
after.
ask for a reduction or a
change in hours
during
pregnancy. The absence m a y be
prolonged after
confinement on
production of a
certificate for 2
m o n t h s beyond
t h e compulsory
6 weeks.

— 81
OF WOMEN BEFORE AND AFTER

CHILDBIRTH

the International Labour Organisation (continued)
Maintenance in
employment

Facilities granted i
to mothers for ]
nursing their
children

Benefits during the period
of absence

J5D.

(VI)

(VII)

I

Other
Other
measures measures
after
.concerning
[ pregnancy childbirth
i (VIII)
(ixL_
I

Ratifications
JX)

(1), (2) and (3) (1) The employer must pay the full
Two supplemenwage during the 12 weeks of
tary breaks of
legal absence.
half-an-hour each
during working
hours.
(2) A day nursery must be fitted up in undertakings employing
50 women or
more, and accommodation provided for nursing in
smaller undertakings.
(4) Compulsory sickness insurance :
(a) Medical attendance and drugs.
Condition : 3 months' qualifying period in insurance.

(2) and (3)
Supervision
by an official doctor.'
Standing or
harmful (2) and (3)
movements All
night
or attitudes work proprohibited. hibited
Suspension during the
of work by period of
doctor's or- nursing ;
ders.
women
if
Undertak- should
ings em- possible be
ploying 400 given work
which can
women
more must be perhave a ma- formed
ternity hos- sitting.
pital. Mea- Medical susures taken pervision of
the mother
(6) Benefit during the whole period for the
of incapacity (not less than 2 well-being and child.
of pregnant
months).
women c
nursing
Condition : 6 months' payment
of contributions.
mothers
may not
justify a
reduction
in wages.

During the
first
six
months ofi
nursing,
women may
be employed only on
light work,
in the
shade or at
home.

(1) A woman
may not be dismissed during the
legal absence or
at a date such
that the period of
notice would expire during her
absence. Cf. also
col. VIII.

(1) 2 extra
breaks of half-anhour each during
working hours.
Undertakings employing more than
50 women over
18 years of age
must set up a day
nursery.

(1) The employer may
not cancel
the contract on
account of
pregnancy.
Cf. also col
IV.

Ratification registered 13
June 1921.

s

— 82
REGULATIONS CONCERNING T H E
B. — Legislation

National systems of legislation

Scope of t h e relevant provisions

(I)

Ji'L

RUMANIA

EMPLOYMENT

in States Members

of

Period during
which t h e
Right t o be
employment of absent from
women before employment
and after
before and
childbirth is after childbirth
prohibited
(IV)
(HI)__

(continued)

(2) Act ol 25 J a n u a r y - 7 F e b r u a r y
1912 concerning the organisation of crafts, credit a n d
workers' insurance supplemented b v the Act of 2 J u l y
1924, section 120.

(2) All industrial crafts.

SALVADOR
(1) Act of 31 May 1927 for t h e
protection of commercial employees, section 5.

(1) Commercial undertakings ; ali persons
working for a fixed wage.

(2) Administrative regulations of
4 November 1927, sections 5
a n d 6.

(2) D i t t o .

SOUTH AFRICA
Factories Act No. 28 of 1918, section 18.

Any premises in which mechanical power is
4 weeks beused for t h e preparation or manufacture fore, 8 weeks
of goods for t r a d e or sale, or articles of after.
food or drink intended t o be sold for
h u m a n consumption, laundries and dyeworks r u n for profit a n d employing 3
or more persons on whole-time work,
as well as all other premises in which
there is carried on for purpose of gain,
any manufacturing or t h e making,
packing or preparation of goods for
sale or t r a n s p o r t a n d in which 3 or
more persons are employed on -wholetime work.

(1) After one
year's service,
3 m o n t h s ' leave
2 before and 1
after.

— 83 —
OF WOMEN BEFORE AND AFTER

CHILDBIRTH

the International Labour Organisation (continued)

Maintenance in
employment
(V)

Facilities granted
to mothers for
nursing their
children
(VI)

Benefits during the period
of absence
(VII)

Other
Other
measures measures
after
concerning childbirth
pregnancy
(IX)
(VIII)

Ratifications
(X)

(2) Sickness insurance. The woman
is entitled :
(a) to medical and obstetrical attendance ;
(6) to benefit during the whole of
the legal absence similar to
sickness benefit ;
(c) to a nursing bonus.
Condition : contributions paid
for 26 weeks.
The maternity benefit is at
present granted for 2 weeks
before and 6 weeks after confinement in the former Kingdom
and Bessarabia ; 8 weeks altogether in Ardeal ; 4 weeks before
and 6 weeks after in Bukovina.
Nursing bonus for 3 months in
the former Kingdom and Bessarabia, 12 weeks in Ardeal.

(1) Daily breaks
(duration not flxed).
(2) During the
absence mentioned in col. IV,
the employer is
only entitled to
engage a temporary substitute.

(I) The employer must pay half the
salary during the 3 months'
leave.
Condition : one year of service
in the undertaking.

State allowance of 20s. a week for
12 weeks if the woman is dependent on her wage for her livelihood.

—

— 84 —
REGULATIONS CONCERNING THE

EMPLOYMENT

B. — Legislation in States Members of

National systems of legislation

Scope of t h e relevant provisions

(II)

Period during
Right t o be
which t h e
employment of absent from
women before employment
before and
and after
childbirth is after childbirth
(IV)
prohibited
(III)

SPAIN
(1) Act of 13 March 1900 concerning t h e employment of women
a n d children, section 9, a s
amended by t h e Act of 8
J a n u a r y 1907, t h e Decree of
21 August 1923 a n d t h e R o y a l
Order of 18 J u n e 1925.

(1) 6 weeks
(1) The Decree of 21 August 1923 applies
(1) 6 weeks
after.
t o all women wage earners.
before on production of a
medical certificate (extended
in case of error).

(2) R o y a l Orders of 5 J a n u a r y
1924 a n d 15 September 1926.

(2) Extension of t h e above legislation t o
women teachers a n d women officials
employed in ministries a n d corporations.

(3) Maternity Insurance
of 22 March 1929.

(3) Insurance is compulsory for women
workers a n d employees in all u n d e r t a k ings if covered b y t h e compulsory
workers' pensions scheme (i. e. if t h e
a n n u a l wage is less t h a n 4,000 pesetas).

Decree

(4) Administrative regulations of
29 J a n u a r y 1930 a n d 26 May
1931.

(4) Ditto.

SWEDEN
(1) W o r k e r s ' Protection Act of
29 J u n e 1912 as a m e n d e d b y
t h e Act of 12 J u n e 1931, sections 10, 17 a n d 18.
(2) R o y a l Order of 26 J u n e 1931
concerning recognised
sickness funds, section 32 (No.
280).

(1) 6 weeks
(1) W o m e n employed in mines, metal industries, factories, crafts, building of all after unless t h e
kinds and t r a n s p o r t (except delivery or woman is permitted b y megoods and h a n d transport).
dical certificate
(2) W o m e n members of a recognised sick- t o resume work
earlier.
ness fund.

(1) 2 weeks
before on production of a
medical certificate, or 6 weeks
if t h e condition
of pregnancy
necessitates
ceasing work at
t h a t date.

85 —
OF WOMEN BEFORE AND AFTER

CHILDBIRTH

the International Labour Organisation (continued)

Maintenance in
employment

I
:

(V)

(1) Post kept
open during the
whole of t h e compulsory a n d optional rest ; extension u p t o 20
weeks in case of
illness following
confinement.

Facilities granted
t o mothers for
nursing their
children
(VI)

Beneiits during the period
of absence
(VII)

Other
measures
concerning
pregnancy
(VIII)

Other
measures
after
childbirth

Ratifications

(IX)

(X)

(1) One hour's (1) Entitled t o :
extra rest divided (a) medical a t t e n d a n c e ;
into t w o periods. (&) benefit.
Source : provisionally, a State
allowance of 50 pesetas paid as
a lump sum t o women covered
b y t h e workers' pension scheme.
The legislation provides for t h e
institution of a m a t e r n i t y insurance scheme which was p u t
into force by Decree of 26 May
1931.

Ratification registered 4
J u l y 1923.

(3) Compulsory m a t e r n i t y insurance:
(a) medical a t t e n d a n c e a n d drugs ;
(6) benefit in proportion t o period
of contribution (15 pesetas per
q u a r t e r of contributions during
t h e 3 years preceding m a t e r n i t y
leave) ;
(c) nursing allowance of 50 pesetas
distributed over 10 weeks ;
(d) free use of services of m a t e r n i t y
protection institutions.
Conditions : Membership of
insurance 18 m o n t h s before confinement ; contributions paid
during working periods ; medical
examination a t least 2 m o n t h s
before confinement.

(1) The necessary time m u s t b e
granted.
(2) Optional sickness insurance :
The Central Sickness F u n d
must g r a n t to women who were
members of a recognised fund
for 270 days preceding confinement :
(a) a confinement allowance (cost
of a t t e n d a n c e b y midwife or
a t t e n d a n c e in t h e public w a r d
of a m a t e r n i t y hospital) ;
(b) a daily m a t e r n i t y allowance
equal t o t h e sickness allowance
a n d n o t less t h a n 2 k r . for a t
least 30 d a y s , of which 15 precede confinement, in t h e case oí
insured women in general ; for
42 to 56 days for women who,
during 6 m o n t h s preceding confinement, were employed for a t
least 4 m o n t h s on t h e work
mentioned in column I I (1) a n d
who will probably resume such
work later, provided always
t h a t n o remunerative employm e n t is u n d e r t a k e n .

—

—

— 86 —
REGULATIONS CONCERNING THE
B. — Legislation

N a t i o n a l systems of legislation

Scope of t h e relevant provisions

(I)

(ID

SWEDEN

EMPLOYMENT

in States Members

of

Period during
which t h e
employment of
women before
a n d after
childbirth is
prohibited
(III)

Right t o be
absent from
employment
before a n d
after childbirth
(IV)

—

—

(continued)

(3) R o y a l Order of 26 J u n e 1931
concerning maternity benefit
(No. 281).

(3) Swedish women (or nationals of foreign
countries with which reciprocity h a s
been guaranteed b y t r e a t y ) in a needy
condition, i. e. when t h e t a x a b l e personal
income (or t h a t of t h e household in t h e
case of married women) is less t h a n
500 kr., or even when t h e taxable income
exceeds this figure if assistance is proved
necessary for other reasons.

SWITZERLAND (Confederation)
(1) Factories Act of 18 J u n e 1914,
section 6 9 , and Administrative
Decree of 3 October 1919,
sections 185 a n d 186.

(1) 6 weeks (1) Extension
(1) Industrial undertakings considered as
factories, t h a t is, employing n o t less after (even in u p t o 8 weeks
the
t h a n 11 adult workers, or 6 workers if one case of mis- after at
is u n d e r 18 years of age, or employing carriage a t 6 request of t h e
woman.
not less t h a n 6 workers a n d using m o t o r months).
Right to leave
power, or, irrespective of t h e n u m b e r
before confineof workers, undertakings which are
m e n t without
dangerous or are obviously factories
giving notice.
e.g. embroidery workshops, irrespective
of t h e n u m b e r of workers, if 3 h a n d m a chines or 2 a u t o m a t i c machines a r e used).

(2) Federal Act of 6 March 1920
regulating the hours of l a b o u r
of persons employed on railw a y s a n d in other services
connected with t r a n s p o r t a n d
communications, sections 8
a n d 15.

(2) 6 weeks
(2) Federal railways, postal telegraph and
telephone services, t r a n s p o r t a n d under- after.
takings in connection with t r a n s p o r t
a n d communications are licensed b v the
• State.

(3) F e d e r a l Sickness
Insurance
Act of 13 J u n e 1911, section 1 4 .

(3) Act laying down general principles t o
be applied b y cantonal legislation.

— 87 —
OF WOMEN BEFORE AND AFTER

CHILDBIRTH

the International Labour Organisation (continued >

Maintenance in
employment
(V)

Facilities grunted
to mothers tor
nursing their
children
(VI)

Benefits during the period
of absence
(VII)

Other
Other
measures measures
after
concerning childbirth
pregnancy
(IX)
(VIII)

Ratifications
(X)

(c) when the woman is placed in a
maternity hospital the allowance is reduced by an amount
corresponding to the cost of
such hospital treatment, but the
reduction may not exceed half
the cost if the woman is the
breadwinner of the family.

—

—

(3) Relief out of State funds paid
through the sickness funds :
(a) to women not entitled to benefits from the recognised fund,
maternity relief equal to the
normal maternity contribution
paid out of State funds to recognised funds (1 kr. per day)
for 30 days, of which 14 are
before confinement, or up to a
maximum of 50 days if the
woman has been employed as
under 2 (6) ;
(6) Relief may be granted to women
employed in the above-mentioned conditions and who have
received benefit from a fund
during the period immediately
after the expiry of such benefit
up to a maximum of 56 days.

—

(1) Dismissal '
prohibited during
legal absence or
on a date such
that the period of
notice would expire during the
absence.

—

—

(1) The
employer
must keep
up to date
a list of
women
workers
who
are
confined.
(2) Undertakings must pay wages
during the period of rest prescribed by the Act of 6 March
1920.

—

(3) The Federal Sickness Insurance
Act stipulates that the cantons
must treat confinement as
sickness.
Minimum benefits :
(a) medical attendance and drugs ;
(ft) daily allowance of not less than
1 fr. for 6 weeks after confinement ;
(c) nursing benefit in a lump sum
of not less than 20 frs. for the
4 weeks following the above
period of benefit.
Condition : 9 months' membership without a break of more
than 3 months.

—
—

— 88 —
REGULATIONS

CONCERNING

THE

EMPLOYMENT

B. — Legislation in States Members of

National systems of legislation

Scope of t h e relevant provisions

(I)

(ilL

Period during
which t h e em- Right t o be
ployment of
absent from
women before employment
and after
before and
childbirth is
after childbirth
prohibited
(IV)
(HI

VENEZUELA
L a b o u r Act of 23 J u l y 1928, sections 17 and 18.

Industrial a n d commercial undertakings.

YUGOSLAVIA
(1) Workers' Protection Act of
28 February 1922, sections 2 2
t o 29.

(1) Industrial and commercial undertakings, (1) 2 m o n t h s
t r a n s p o r t a n d mines, whether public or
before ; 2
private.
months after.

(2) Act respecting workers' i n surance of 14 May 1922, sections 45 t o 5 1 .

(2) D i t t o (no wage limit).

(3) Act of 31 J u l y 1923 concerning
t h e position of public officials,
section 113.

(3) 30 days'
leave in addition t o t h e ordinary sick
leave (usually
3 t o 4 months
are granted).

— 89 —
OF WOMEN

BEFORE

AND

AFTER

CHILDBIRTH

the International Labour Organisation (continued)

Maintenance in
employment
(V)

Facilities granted
t o mothers for
nursing their
children
(VI)

Benefits during t h e period
of absence
(VII)

Two daily breaks
of
half-an-hour
each during t h e
whole period of
nursing w i t h o u t
deduction from
wages.

(1) (a) 30 mi(1) The post is
kept open during nutes every 4 or
t h e legal absence ; 5 hours ;
extended t o one
(6) when there
year after confi- is a d a y nursery
nement in case of in t h e u n d e r t a k sickness arising
ing, 15 minutes
out of confine- every 4 or 5
ment.
hours ;
(c) in industrial
undertakings employing more
t h a n 100 workers,
of whom 25 have
young children
who would otherwise be left uncared for when they
are working, t h e
employer m u s t
instal a d a y nursery under t h e
supervision of t h e
factory inspector,
unless a public
crèche exists near
t h e undertaking,
in which t h e employer keeps t h e
children of his
workers at his
own expense.

Other
measures
concerning
pregnancy
(VIII)

Pregnant
women
m a y not be
employed
on work
harmful t o
t h e i r condi
tion.

(1) Benefits during t h e 4 m o n t h s of
legal absence a n d during a n y
sickness arising out of confinement.
(2) Compulsory workers' insurance.
(a) medical and obstetrical a t t e n d ance ;
(6) m a t e r n i t y allowance equal t o
three-fourths of t h e basic wage
for two m o n t h s before a n d two
m o n t h s after confinement if t h e
woman abstains from r e m u n e rative employment ;
(c) layette allowance of 14 t i m e s
t h e basic wage ;
(d) nursing allowance of half t h e
basic wage (but not exceeding
3 dinars) for 20 weeks after t h e
cessation of t h e m a t e r n i t y allowance, or a n equivalent bonus in
kind.
Condition : 3 m o n t h s of u n interrupted membership of t h e
insurance fund a t t h e d a t e of
confinement, or three m o n t h s '
membership in a n y one year
before last joining t h e insurance
fund.
At the discretion of t h e central
institution t h e m a t e r n i t y allowance m a y be equal t o t h e basic
wage and be extended u p t o 12
weeks after confinement.
(3) Salaries are paid during s t a t u tory leave.

Other
measures
after
childbirth

(IX)

— 90 —
UEGULATIONS CONCERNING T H E EMPLOYMENT

C. — Legislation in States not Members of

National systems of legislation

Scope of t h e relevant provisions

(I)

(ID

Period during
which t h e em- Right t o be
ployment of
absent from
women before employment
and after
before and
childbirth is after childbirth
prohibited
(III)
(IV)

ECUADOR
Act of 6 October 1928 respecting
t h e employment of w o m e n
a n d y o u n g persons a n d p r o tection of m a t e r n i t y , sections
12 t o 15.

Industrial and commercial establishments 3 weeks before ;
a n d other workplaces, whether urban 3 weeks after.
or rural, public or private.

—

TURKEY
Public H e a l t h Act N o . 1593 of
26 April 1930, sections 155 a n d
177.

Factories a n d workshops, public and private 3 weeks before ;
undertakings.
3 weeks after
(unless a m e dical certificate
states t h a t
work cannot do
any damage t o
health).

UNITED STATES OF
AMERICA
Connecticut
General Statutes, revised, of 1930,
section 5201.

Factories, industrial
workshops.

undertakings

a n d 4 weeks before ;
4 weeks after.

Massachusetts
General Laws, 1921, c h a p t e r 149,
section 55.

Industrial a n d commercial undertakings.

2 weeks before ;
4 weeks after.

Missouri
Revised Statutes, 1929,
13211.

section

New York
L a b o u r Law, section 148.

Manual occupations ; stenographic a n d 3 weeks before ;
clerical work in factories, workshops, 3 weeks after.
laundries, bakeries, restaurants, places
of amusement, commercial undertakings,
w h e t h e r public or p r i v a t e (except telephone companies a n d occupations of
a n y kind in towns of under 3,000 inhabitants).
i
Factories and commercial establishments. 4 weeks after. 1

Washington
Orders of t h e Industrial Welfare
C o m m i t t e e , N o . 2 5 of 1921
a n d N o . 30 of 1922.

Industrial and commercial undertakings, 4 weeks before ;
laundries a n d d r y cleaning works.
6 weeks after.

—

—

— 91 —
OF WOMEN BEFORE AND AFTER CHILDBIRTH

the International Labour Organisation

Maintenance in
employment
(V)

Facilities granted
to mothers for
nursing their
children
(VI)

Benefits during the period
of absence
(VII)

Other
measures
concerning
pregnancy
(VIII)

Post kept open
for 6 weeks or
longer in case of
sickness arising
out of confinement. In case of
infringement, the
fine is paid to the
woman who was
dismissed (50 to
500 sucres).
Cf. also column
VIII.

15 minutes every
3 hours, or oftener on production Of a medical
certificate.

The employer must pay 50 per cent.
of wages during the legal absence.

Dismissal
on account
of pregnancy forbidden.

—

2 breaks of halfan-hour a day
during the first 3
months of nursing.

—

Pregnant
women
m a y not be
employed
on arduous
tasks during the last
three
months.

—

—

Other
measures
after
childbirth
(IX)

—

—

—

— 92
REGULATIONS

CONCERNING

THE

EMPLOYMENT

C. — Legislation in States not Members of

National systems of legislation

Scope of t h e relevant provisions

(I)

(II)

Period during
which t h e em- Right t o be
ployment of
absent from
women before employment
and after
before and
childbirth is
after childbirth
prohibited
(HI)
(IV)

U.S.S.R.
(1) Code of Labour Laws of 1922,
sections 47 (g), 92, 119, 1 3 1 134, 176 and 181-183. '

(1) All wage-paid employment.

(2) Order N o . 123 of 16 October
1923 issuing Instructions for
t h e labour inspectorate, sections 30, 32, 61 a n d 69 (h)
(superseding t h e Instructions
t o t h e labour inspectorate
issued on 15 December 1919).

(2) D i t t o .

(3) Order of 16 N o v e m b e r 1920,
containing t h e list of occupations assimilated t o m a n u a l
work for t h e granting of leave
8 weeks before a n d 8 weeks
after childbirth.

(3) Telephonists ; telegraphists ; midwives ;
sisters of charity ; masseuses, doctors,
nurses and supervisors in asylums ;
doctors a n d nurses in itinerant services.
contagious hospitals a n d maternity
hospitals ; dentists in Soviet ambulances;
superintendents a n d teachers in homes,
infants' schools, schools for abnormal
children, and reformatories ; women
teachers in rural schools a n d in private
schools ; teachers of physical education ;
theatrical, ballet and circus artistes ;
women employed a t n i g h t ; travelling
inspectresses ; chemists' assistants, laboratory assistants, sales a n d transfusion assistants ; post office sorters ;
saleswomen in Soviet distribution cent r e s ; shorthand typists.

(4) Order No. 316 /429 of 15 J u n e
1924, extending pregnancy a n d
m a t e r n i t y leave for certain
categories of women working
in medical services.

(4) Doctors, nurses, sisters of charity, X-ray
assistants a n d assistants in service
dealing with epidemics.

(5) Order No. 232 /388 of 4 S e p t e m b e r 1925 respecting t h e
hours of work a n d a n n u a l
leave of stenographers perm a n e n t l y employed in institutions or undertakings, section I I I .

(5) P e r m a n e n t

(6) Order of 18 April.1925 issuing
provisional regulations as t o
t h e conditions of e m p l o y m e n t
of auxiliary hired labour in
agricultural
establishments,
section 72 ; Administrative
Regulations of 24 J u l y 1925,
section 14 and 23.

(6) Seasonal work in agriculture.

(7) Order No. 144 /733 of 12 April
1923, concerning conditions of
employment in timber-floating,
section 3.

(7) Wood-floating.

(8) Order N o . 236 /339, of 22 M a y
1924, issuing hygiene regulations for work in t h e scouring of wool b y h a n d in cold
water, section 2.

(8) Wool-washing works where work is done
by h a n d and with cold water.

(1) Manual
workers :
8
weeks before
and 8 weeks
after. Intellect u a l workers
6 weeks before
and 6 weeks
after.

(3), (4) and
(5) 8 weeks before
and
8
weeks after.

stenographers.

(6)
during
month
vice ;
month
after.

2 weeks
t h e first
of serone
there-

— 93 —
OF WOMEN BEFORE AND AFTER

CHILDBIRTH

the International Labour Organisation (continued)

Maintenance in
employment

(Y)

(1) The post is
kept open during
the legal absence
and during a supplementary period
of 2 months in
case oí incapacity
arising out of confinement.
(2) No pregnant
woman may be
dismissed without
the approval of
the factory inspector, given only
in case of absolute
necessity.

(6) Post is kept
open during the
legal absence.

Facilities granted
to mothers for
nursing their
children
(VI)

(1) Extra break
of
half-an-hour
every 3 y2 hours.
(2) The creation
of a day nursery
may be stipulated
by collective
agreement ; it is
under the supervision of the inspector.

Benefits during the period
of absence

(VIJL

(1) Compulsory social insurance :
(a) during the whole of the legal
absence (12 or 16 weeks) benefits
equal in principle to wages (may
be reduced to 3/4 in the event
of lack of funds) ;
(f>) allowance equal to the average
monthly wage for the care of the
child ;

Other
Other
measures measures
after
concerning childbirth
pregnancy
_.(ÍX>_
(VIII)

(1) Preg- (1) Nursing
nant wo- mothers J
men
may may not be
not be em- employed
ployed on on night
any extra work or
work, or overtime.
sent to
work elsewhere after
the fifth
month.

(c) nursing allowance equal to 25
per cent, of the average monthly
wage, for 9 months.

(6) The employer must pay cash
wages and supply maintenance
to auxiliary agricultural workers
during their legal absence.

(6), (7) and¡
(8) Preg- J
nant women may
not be em-!
ployed on l
tasks harm-j
ful to their'
condition. I

CHAPTER IV
HOURS OF WORK

GENERAL

CONSIDERATIONS

The regulation of hours of work, which is one of t h e most
important points in labour legislation, is certainly of special
interest in t h e case of women workers, because when t h e y leave
the factory or shop in which t h e y perform their occupational
tasks, m o s t of t h e m find other work waiting for t h e m a t home
as housekeepers and mothers of families. Worn o u t b y this
double or triple function, t h e woman worker or employee runs
the risk of ageing prematurely and has great difficulty in fulfilling all her domestic duties. I n her own interest and in t h a t
of t h e family of which she is t h e centre, and of t h e children whom
she has t o educate, it is of t h e utmost importance t h a t some
limit should b e set t o these tasks which alone can be influenced
by t h e public authorities, namely, her occupational duties.
I t is on account of this multiplicity of tasks and t h e harmful
consequences of such overstrain t h a t legislators who have been
conscious of their social responsibility have for m a n y years back
urgently sought to spare women t h e fatigue of an extremely
long working d a y . I n m a n y important industrial countries the
hours of work of women were restricted b y legislation before
it was possible t o take such measures with regard t o workers
in general.
In Great Britain as early as 1844 a Factory Act restricted the
hours of work of women indirectly by fixing the hours between which
they might be employed and the breaks which had to be observed
between such working periods. This first Act authorised an actual
working period of about twelve hours for the first five days of the week
and nine hours on Saturday, when women had to cease work at
4.30 p.m. Later changes in the Factory Acts gradually reduced
these hours of actual work to a total of ten in the day and five and a
half on Saturday in textile factories and ten and a half in the day
and seven and a half on Saturday in other undertakings. A further
amendment of the Factory Act is at present being prepared for the
purpose of restricting the hours of work for both sexes to 48 in the week.

— 95 —
In Germany an Act of 1891 supplementing the Industrial Code
fixed the hours of work for women at eleven in the day and ten on
Saturday. This was reduced in 1908 to ten hours on the first five
days of the week and eight hours on Saturday. In 1918 the hours of
work for workers of both sexes were made uniform — a t least on this
most important point, for with regard to overtime, daily breaks and
the weekly rest, more far-reaching legal protection is still given to
women workers.
In France the legislator has hesitated between the system of general
regulations and that of special regulations. In 1848 an Act was passed
limiting the hours of work for all workers in large-scale industry to
twelve in the day. Later legislation first of all introduced stricter
limits for special categories of workers ; the Act of 19 May 1874 limited
the daily hours of work for children only and made the Sunday rest
compulsory for children and girls under twenty-one years of age. The
Act of 2 November 1892 regulated hours of work for women of all
ages, granting them all a weekly rest and fixing the maximum hours
of work at sixteen in the week and eleven in the day for girls from
sixteen to eighteen years and eleven in the day (or sixty-six in the
week) for those over eighteen years and for adult women. At that
period, therefore, French legislation on hours of work in industry
included four different systems : that for children under sixteen years
(ten hours a day), that for girls from sixteen to eighteen years (sixty
hours a week), that for women over eighteen years (eleven hours a day
and sixty-six a week), and that for men (twelve hours a day). The
Act of 30 March 1900, while improving the conditions of work for women, simplified the general situation by reducing the maximum hours
of work for women of any age to that already adopted for children,
namely, ten in the day. This change was carried out in two stages
spread over a period of four years. A further change was made by
the Act of 4 March 1913, restricting to ten in the day the hours of
work of men employed in the same workplaces as women or children.
The Act of 23 April 1919 paved the way for more complete uniformity
by recognising the principle of the limitation of hours of work to eight
in the day or forty-eight in the week for workers of both sexes and
any age in industrial and commercial undertakings.
As an example of the same historical development in a different
part of the world, one may refer to the legislation of Argentina on hours
of work ; in that country the hours of work of women in industrial and
commercial undertakings were limited to eight in the day by the Act
of 30 September 1924, while by the later Act of 12 September 1919 the
hours of work of workers of both sexes were fixed at the same daily
maximum or at forty-eight hours a week.
The same legislative development took place in m a n y other
countries, and t h e regulations on hours of work, which were
accepted in the first place for women and young persons on
account of the particularly strong humanitarian a r g u m e n t s in
their favour, proved a preparatory stage for a much wider protection of the workers.

— 96 —
INTERNATIONAL

REGULATIONS

I n t h e international field also, t h e problem öf hours of work
has evolved from special regulations t o general regulations, and
this evolution has had an important influence on national
systems of legislation.
One of t h e labour conferences preceding the creation of t h e
International L a b o u r Organisation — t h a t held a t Berne in
1913 — was devoted t o a preliminary study of a draft international Convention for fixing t h e daily hours of work for women
and children. O n the eve of the war this preliminary study h a d
so far a d v a n c e d t h a t it was hoped t h a t a Convention on t h e
subject would b e signed a t t h e diplomatic conference t o be held
a t Berne in A u g u s t 1914. B u t by t h a t time the war had interrupted all international negotiations. On t h e close of hostilities
the problem of t h e restriction of the legal hours |of work had
sufficiently developed t o be considered ripe for general regulation for workers of b o t h sexes. I t was on this basis of sex equality
t h a t t h e Washington Convention was adopted in 1919 restricting
the hours of w o r k in industry t o eight in t h e day and forty-eight
in the week, a n d on the same basis t h e F o u r t e e n t h Session
of the Labour Conference in 1930 adopted a Draft Convention
limiting hours of work in commerce.
The 1919 Convention on the eight-hour day in industry has been
ratified by fifteen States l : unconditionally by eleven (Belgium,
Bulgaria, Chile, Czechoslovakia, Greece, India, Lithuania, Luxemburg.
Portugal, Rumania and Spain) and conditionally by the other four
(Austria, France, Italy and Latvia) ; ratification has been authorised
by the competent national authorities in Cuba and recommended in
Argentina, Brazil, Colombia, Germany, the
Netherlands,,Paraguay,
and Uruguay.
N A T I O N A L S Y S T E M S OF L E G I S L A T I O N

I t has been seen t h a t t w e n t y - t h r e e States have either ratified
t h e Hours Convention or h a v e taken decisive steps in t h a t
direction, while others, such as Great Britain,
are preparing
legislation t o authorise ratification. T h a t means t h a t these
States have restricted or are prepared t o restrict hours of work
in industry for workers of b o t h sexes t o a m a x i m u m of forty-eight
hours in t h e week except for such exemptions as are permitted.
Moreover, a certain n u m b e r of countries which have n o t
1

Ratifications in July 1931.

— 97 —
restricted hours of work sufficiently to enable them t o ratify t h e
Convention have, nevertheless, legislation limiting t h e hours
of work for workers of both sexes.
In Sweden, where eight hours is fixed as the legal limit the legislation applies only to small undertakings. In other States the divergence from the provisions of the Washington Convention affects the
legal hours, which have been fixed on some wider basis than the
eight-hour day. In Venezuela, for example, the Labour Act of 1928
fixes the hours of work for both sexes in industry at nine in the day.
There is a growing tendency t o regulate hours of work for
all workers in a single system, and special regulations on t h e
subject may be said t o be a historical- stage which has now been
left behind. The 1919 Convention has been an important factor
in this development.
On a few points, however, special regulations still play a
limited b u t not u n i m p o r t a n t p a r t .
I n t h e first place, there are a few countries in which t h e
hours of work are limited b y legislation in the case of women
only.
The most striking example of this is to be met with in the United
States,, where forty-one States have laws regulating the hours of work
of women either in all industries or at least in the industries in which
the greatest number of women are employed, whereas there are no
laws regulating hours of work for men *.
In Australia and Canada, where the regulation of labour questions
is also within the competence of the States or Provinces, the limitation of hours of work has very rarely been carried out by [legislative
measures for all workers.
In Australia, where the forty-four-hour week is the rule in practice,
New South Wales is the only State which has definite legislation on
the subject; Act No. 16 of 1925, amended by Act No. 11 of 1926,
fixed the hours of work for all workers at eight in the day and fortyfour in the week. In the other States hours of work are regulated by
collective agreements, and the arbitration boards also have a certain
influence in regulating hours. In several of the States, however, the
Acts referring to factories and shops include provisions specially restricting the hours of work of women ; the limits thus set are often
higher than those obtaining in practice under industrial agreements,
but they at least constitute a maximum which, if no more favourable
agreement is entered into, cannot be exceeded and thus prevents an
excess of overtime.
1
The legal limit for women's work varies considerably from one State to
another ; in October 1930, according to a summary given in the Life and
Labour Bulletin, it was eight hours a day or forty-eight a week in only
twelve States ; eighteen States authorised a ten-hour day and five had
a higher maximum.

— 98 —
In South Australia, for example, the Industrial Acts 1920 to 1924
(section 340) prohibit the employment of women for more than fortyeight hours a week and ten hours a day ; in order to meet an unforeseen
press of work and after notifying the factory inspector an employer
may employ women up to fifty-five hours a week provided that the
total number of hours in excess of forty-eight in the week does not
exceed a hundred during the year ; this overtime must be paid for at
one and a quarter times the normal rates.
In Canada, British Columbia is the only province with legislation
on the eight-hour day applying to all workers in industry ; in the other
provinces legislative provisions on hours of work exist only for very
small categories of workers, but the hours of work of women are often
regulated by legislation both for commerce and for industry, or sometimes even for all occupations. One special characteristic of the legislation of this country is that the hours of work of women are often
regulated by means of orders issued by the Minimum Wage Boards.
In several of t h e Canadian provinces these boards have been granted
powers for this purpose (e.g. British Columbia : Minimum Wage Act
1918, amended in 1924 and 1927, sections 5 and 8 ; Alberta : Minimum
Wage Act 1925, amended in 1930, sections 7 and 9, etc.). The decisions of the Minimum Wage Boards with regard to hours of work may
sometimes take precedence over the provisions of the Factories Acts
{Alberta : Act cited section 9).
In other provinces (e.g. Nova Scotia, Minimum Wage for Women
Act 1920, amended in 1924, section 4) the Minimum Wage Board
merely fixes the maximum hours of work corresponding to a fixed
wage. Work in excess of that figure is not prohibited, but supplementary remuneration must be paid at a rate fixed by the Board.
'S«!

In Japan, hours of work are limited by legislation for women and
children only, but in practice the hours fixed for women tend to be
applied to all workers. The Factories Act of 1923 authorises eleven
hours a day, including one hour's rest, with the possibility of overtime
in certain cases. The Order No. 13 of 7 June 1926 fixed the hours of
work of women in factories not employing two shifts at twelve in th
day (including overtime) ; for mining work the Mines Order No. 17
of 1926 fixed the normal hours of work for women at eleven in the day,
with the possibility of an extension to twelve hours for women engaged
in sorting.
The special regulations concerning women drawn u p before
general legislation on the eight-hour day was adopted sometimes
continue side by side with the more recent general rules, either
filling gaps in t h e latter or establishing a sort of second barrier
behind t h e general regulations, which cannot be passed by any
exemptions.
An example of the combined effect of general legislation and special
legislation can be found in Germany. The provisions of the Industrial
Code which limit the hours of work of women to ten on each working
day and eight on Saturdays and the eve of holidays (section 137) and
prohibit women from working overtime in excess of this figure outside
the workshop (section 137, a) still exist and supplement the general

— 99 —
regulations concerning the eight-hour day. In particular, they prevent
the application to women of the provisions of section 9 of the Labour
Order (Notification of 14 April 1927) making it possible for permits
to be granted in exceptional cases for hours in excess of ten in the day.
Similar examples exist in French legislation. Part I I of the Labour
Code contains both the provisions of the Act of 1900 regulating specially the hours of work of women and the provisions of the 1919 Act
establishing an eight-hour day for all workers. But the Act of 1919 is
merely a basic Act, the provisions of which are applied by public
administrative regulations dealing separately with each category in
industry or commerce, either for the whole country or for a given
district. Until such time as the Act is extended to all industrial or
commercial undertakings throughout the whole of France the hours
of work of women in establishments not yet covered by the 1919 Act
are at least restricted to ten hours in the day by the provisions of the
1900 Act (contained in section 14 of the Code) which was extended by
the Act of 30 June 1928 from industrial undertakings, to which alone
it originally applied, to commercial undertakings. Similarly, the
exemptions which may be granted under the general Eight-Hour Act
are not authorised for women except up to ten hours a day ; there are,
however, certain cases under section 17 of the Code where a temporary
permit may be given by the competent authorities to prolong the work
of women. These permits can be given only in industries specified by
public administrative regulations ; these are at present (Decree of
5 May 1928, section 3) butter- and cheese-making industries, fishcanning factories and undertakings dealing with milk.
The differences between t h e systems for workers of t h e t w o
sexes are n o t always due t o t h e introduction of legislation in
separate stages. There are examples of recent legislation which
determine the hours of work for all workers, b u t fix a lower
limit for women t h a n for men.
In New Zealand, for example, the Factories Act of 1921-1922
(12 Geo. V, No. 42), sections 17 to 20, fixes the hours of work of men
at eight and three-quarters in the day and forty-eight in the week and
those of women at eight and a quarter in the day and forty-five in
the week.
In Peru, hours of work in general were restricted by the Act of
15 January 1919 to eight in the day, but Act No. 2851 of 23 November
1918 concerning the employment of women and children restricts the
hours of work of these categories, according to section 5, to eight in the
day and forty-five in the week, thus making it compulsory for shorter
hours to be worked on one working day. Similar regulations, restricted
to commercial employees, are to be found in Salvador, where the Act
of 31 May 1927 stipulates that male employees cannot be compelled
to work more than eight hours a day and women employees more
than seven hours.
I t quite frequently happens t h a t t h e legislation limits t h e
hours of work t o a shorter period in very fatiguing or u n h e a l t h y
industrial operations so as t o prevent harmful effects on t h e

— 100 —
workers' health. Such regulations are often general, b u t m a y
sometimes be restricted to women.
In South Australia and Tasmania, where the normal hours of work
for women may be as much as ten, women may not be employed on
typographical work for more than eight hours a day.
In Japan, so long as women are permitted to work underground
in mines, their hours of work in mines where the temperature exceeds
30° C. are limited by the Order of 24 June 1926 to eight in the day,
whereas the normal legal limit is eleven hours, including breaks.
OVERTIME

As was mentioned above, t h e special limitation of hours of
work for women often prevents t h e m from being asked t o work
overtime t o t h e same extent as men. I t frequently happens,
however, t h a t legislative provisions expressly prohibit overtime
for women or restrict such overtime as m a y be required of them.
Practically all t h e special legislation on t h e hours of work of
women contains such provisions. Examples may be found in t h e
F a c t o r y Acts of Great Britain a n d a n u m b e r of British Dominions
a n d possessions. Provisions of this t y p e are too numerous and
too complex t o be analysed in detail here. I n systems of legislation which regulate hours of work for workers of both sexes,
there are often clauses making a distinction between male and
female workers with regard t o overtime. I t may be permitted
for women in occupations which are not particularly arduous
a n d prohibited in others which are specially fatiguing.
A careful study of the administrative regulations for the French
Act on hours of work will provide numerous examples of such regulations (cf. in particular the Decrees of 3 March 1927 concerning meatpreserving factories, of 4 March 1927 concerning macaroni factories,
of 5 March 1927 concerning fruit- and vegetable-preserving factories,
of 18 August 1927 concerning factories and distilleries for spirits and
liquors, of 23 August 1927 concerning breweries, malt factories, cider
factories, aerated water factories, etc.). In Germany the Order of 29
April 1927 supplementing the hours of work regulations of 17 April
1924, and the regulations for the Labour Act of 21 July 1922 in the
Netherlands have also very definite provisions on this subject.
Overtime is not permitted indiscriminately for all women.
I n this connection it m u s t be pointed out t h a t in certain systems
of legislation t h e r e are provisions for protecting the health of
women workers during m a t e r n i t y or for protecting women who
have t h e double task of working in a factory and at home, so

— 101 —
t h a t they may be able t o perform their family duties without
being excessively overworked.
For instance, overtime is prohibited for pregnant women and
nursing mothers by the Code of labour laws of the U. S. S. R. (section
131). The provision contained in section 9 (3) of the German Labour
Order of 14 April 1927 is somewhat less imperative ; it merely states
that at their request and in so far as possible pregnant women and
nursing mothers will be exempted from all work in excess of the normal
eight-hour day. In Switzerland overtime may not be required for
women in charge of a household (Federal Factories Act of 18 June
1914, section 68).
I n order to prevent a n y evasion of the legislation on t h e
hours of work of women, a certain n u m b e r of laws prohibit t h e
employment of women who have completed their n o r m a l
working day on home work or in a n y other establishment.
Such a provision can be found, for example, in the German Industrial Code (section 137, a).
B R E A K S B E T W E E N P E R I O D S OF W O R K

Most laws make it compulsory for an interval of rest to be
g r a n t e d between working periods, either for all workers, or a t
least for women workers, children and young persons. The
length of these breaks varies considerably, being from half-anhour to two hours a day. They are often proportionate t o the
working period. Without going into details of t h e very numerous regulations on the subject, it will suffice to refer here t o t h e
measure sometimes adopted for enabling women who are responsible for a household t o carry out their family duties by leaving
their employment rather earlier t h a n other workers a t m i d d a y
so as t o have time to prepare a meal for t h e family.
German legislation contains a provision of this kind, not merely
for industrial workers (section 137 of the Industrial Code), but also
for women workers in agriculture (Provisional Regulations for agricultural work of 24 January 1919, section 14). The Swiss Federal
Factories Act (section 68) contains a similar clause.
T H E W E E K L Y R E S T AND S P E C I A L H O L I D A Y S

The regulations on the weekly rest have evolved in the same
way as those on hours of work. They were first of all restricted
t o women and children, b u t have now in t h e great majority of

— 102 —
countries been extended t o workers of b o t h sexes. I n this field
also international regulations have tended t o widen the legislative provisions, for t h e Convention adopted a t t h e Third
Session of t h e International Labour Conference at Geneva in
1921 concerning t h e application of t h e weekly rest in industrial
undertakings applies t o t h e whole staff of such undertakings *.
A Recommendation adopted b y t h e Conference at t h e same
Session invited t h e States Members t o extend these regulations
t o t h e staffs of commercial undertakings.
There are still systems of legislation containing special provisions concerning t h e weekly rest for women. I n t h e first place
there are a few States in which the weekly rest is granted t o
women only ( Great Britain a n d a considerable number of British
Dominions a n d possessions), or where there are special provisions
fixing a less frequent rest, as in Japan, where t h e Factories Act
(section 7) a n d the Mines Act stipulate t h a t women m u s t be
given two d a y s ' rest a m o n t h , or four days when working in
two shifts.
There are other special features with regard to t h e time a t
which t h e rest is given. Most national laws specify t h a t as far
as possible it should be granted on Sunday, b u t a rest by rotation is p e r m i t t e d in continuous process industrial undertakings,
or t h e rest m a y be given on another day in t h e week in commercial or other undertakings which have t o be open on Sunday t o
meet certain special needs. I n some legislations, however, it is
provided t h a t all undertakings, or a t least a certain number of
them, m u s t give the weekly rest t o women on Sundays and not
on any other d a y .
The Swiss Federal Factories Act, for example, prohibits women
being employed on any work on Sundays (section 65) ; the Labour
Regulations of 21 July 1922 in the Netherlands prohibit the employment of women on Sunday on any work in factories or workshops
except butter-making or cheese-making (section 22), and they further
prohibit Sunday work in offices except in certain particular cases (section 49).
Quite commonly other exceptions t o t h e rule of a t w e n t y four-hour or longer 2 weekly rest are forbidden in the case of
1
In July 1931 this Convention had been ratified by nineteen States :
Belgium, Bulgaria, Chile, Czechoslovakia, Estonia, Finland, France, Greece,
India, Irish Free State, Italy, Latvia, Lithuania, Luxemburg, Poland, Portugal,2 Rumania, Spain and Yugoslavia.
A certain number of laws fix a longer period than twenty-four hours ;
Finland (thirty hours) ; Czechoslovakia (thirty-two hours) ; Bulgaria,
Estonia and Yugoslavia (thirty-six hours) ; Latvia (forty-two hours).

— 103 —
women : exceptions concerning t h e suspension of t h e weekly
rest in certain circumstances, its reduction in certain t r a d e s or
its distribution over two half-days.
The French Labour Code (Part II, sections 40, 41, 43 and 48) does
not permit the weekly rest to be suspended or cut down in the case of
girls under twenty-one years, nor to be distributed over two half-days
in the case of women workers and salaried employees in industry and
commerce. The suspension of the weekly rest is permitted only in
the case of women in certain seasonal industries mentioned in the
regulations.
Similar regulations exist with regard to special holidays.
The distribution of work over five and a half days so as t o
leave S a t u r d a y afternoon free is now a very general h a b i t in
industry and has usually been voluntarily accepted in t h e case
of male workers. Quite often it has been made legally compulsory for women.
This obligation was imposed at a very early date by British legislation : the Act of 1844 prescribed that women must cease work at
4.30 p.m. on Saturday ; successive changes in the legislation brought
the hour at which work must cease on Saturday afternoon to 1 p.m.
in textile factories and 2 p.m. in other industrial undertakings by
1878. It is on this account that this system of work is known on the
Continent as " the English week". Most of the British Dominions
and colonies have adoptee1 similar regulations with regard to women
workers, and other States have also fixed earlier hours for ceasing
work on Saturdays. In Germany the Labour Code states that women
workers must cease work at 5 p.m. on Saturdays and on the eves of
public holidays (section 137). In Czechoslovakia the normal break of
thirty-two hours must, in the case of women, begin not later than
2 p.m. on Saturday (Eight-Hour Day Act of 19 December 1918,
section 5). In Peru, in undertakings working on Saturday afternoon,
women are entitled, without loss of wages, to work for only five hours
on Monday, beginning their day at 2 p.m. (Act No. 4239 of 26 March
1921).
Elsewhere t h e Saturday afternoon rest is granted only t o
women in charge of a household {Switzerland, Factories Act of
1914, section 68). A somewhat similar provision can be found
in several of t h e Orders regulating agricultural work in t h e provinces of Austria, according t o which women in charge of a
household must be given two full days' holiday before Easter,
Whitsun and Christmas.

CHAPTER V
NIGHT W O R K

G E N E R A L CONSIDERATIONS

The problem of t h e employment of women during t h e night,
now considered as a special problem, was for a long time linked
u p with t h e question of hours of work. The first legislation
of any i m p o r t a n c e on t h e subject, promulgated in Great Britain
in 1844, was directed against excessively long hours a n d also
against night work. This Act permitted t h e employment of
women in t h e factories t o which it referred (at t h a t d a t e t h e
cotton i n d u s t r y only) between 5.30 a.m. a n d 8.30 p.m., including breaks, t h a t is t o say, for twelve hours of actual work, performed solely d u r i n g t h e day.
This m e t h o d of regulating both questions a t once is still in
force in Great Britain, b u t t h e recognised hours have been
reduced a n d t h e nightly rest correspondingly lengthened as t h e
scope of t h e regulations was extended t o cover all factories and
workshops.
A study of all t h e documents and Parliamentary discussions
which led u p t o t h e passing of t h e first Act concerning t h e employm e n t of women a t night in France (1892) clearly shows t h a t
those who a d v o c a t e d such a reform for a long number of years
were concerned chiefly with doing away with the harmful effects
of prolonged evening work (la veillée), which was common in
dressmaking, millinery and certain other luxury industries,
which in F r a n c e , a n d more especially in Paris, employ a large

— 105 —
n u m b e r of women x.
Prolonged evening work was an addition
t o the normal daily work, so t h a t it combined the disadvantages
of night work and of overstrain.
The problem of night work is bound u p with t h a t of hours
of work, not only because the night is a sort of reserve period
which may easily be drawn upon for a prolongation of daily
hours, b u t also because t h e development of industrial habits in
one of these fields may, under t h e influence of trade union
agitation or of legislation, have immediate consequences in the
allied field. When the daily hours of work are reduced t o less
t h a n half or less t h a n a third of t h e astronomical day, there is a
temptation to employ two or three successive shifts on t h e
same plant so as t o wipe out t h e cost of installation b y more
intensive production. Thus in industries like t h e textile industry
where there is no technical reason for continuous processes
and where a large number of women are employed, the n u m b e r
of establishments working a t night increased from year t o
year towards t h e end of t h e nineteenth century. ¡Those who
worked for the preparation of the 1906 Convention concerning
night work were fighting against the threatened general adoption of such a habit before it became too widespread.
I t is true t h a t then, as now, it was clearly recognised t h a t
night work was an abnormal activity with harmful physiological
a n d social effects for all workers whether male or female. B u t
these effects are particularly serious in the case of women a n d
affect also t h e future generation, as was shown a t t h e end of
t h e nineteenth century by t h e official enquiries carried out
in several important industrial countries in preparation for
t h e adoption of regulations on night work 2 . These enquiries
1
In 1880 it was estimated that in Paris alone about 35,000 women
were more or less regularly, and in some cases frequently, called upon to
work until late at night.
With regard to the preparation of legislation concerning the night
work of women in France, its advocates, the enquiries carried out, etc., cf.
report of Richard WADDINGTON to the Chamber of Deputies, 7 July 1890 ;
report of the Supreme Committee on Industrial Labour, 1894 and 1895 ;
Georges ALFASSA : Le travail de nuit des femmes, Paris, 1904, reprinted from
La Revue de Paris ; Leopold LAGARD : Le travail de nuit dans les usines,
manufactures et ateliers, Marseilles, Sauvion, 1905; Germain MABTIN : L'interdiction du travail de nuit des femmes en France, Paris, Laroze, 1902 ; J.
MAZEL : L'interdiction du travail de nuit des femmes dans la législation française, thesis, Paris, 1899 ; Paul Pic : L'interdiction du travail de nuit en
France, Paris, 1901.
2
Cf. among others, Maurice ANSIAUX : Le travail de nuit des ouvrières
de l'industrie dans les pays étrangers, report submitted to the Belgian Ministry
of Industry and Trade, Brussels, 1898.

— 106 —
revealed impressive facts. I n Germany especially, where compulsory sickness insurance had existed since 1883, t h e Committee
of t h e Reichstag appointed t o s t u d y t h e question obtained d a t a
from t h e sickness funds as early as 1889 which expressed in
figures t h e ravages caused t o t h e health of women workers by
night work in certain undertakings as compared with t h e
health of women of t h e same category employed in comparable
undertakings in the same district where night work had not been
adopted. E v e n assuming t h a t the physiological resistance of
women is equal t o t h a t of men, these ravages could be easily
explained by social reasons : a woman returning home when
all t h e other members of t h e family are getting u p (particularly
in a small dwelling where isolation is difficult) is constantly
disturbed during her period of rest b y t h e necessity for performming domestic tasks a n d is led to cut dangerously short t h e
repose which she requires t o recuperate after her night work.
Older a n d more recent enquiries all prove t h a t t h e great majority
of women who work a t night have only from four t o six hours'
sleep 1. Thus overstrain is almost inevitable, added t o t h e other
disadvantages of night work, such as t h e effort required t o
work in the s t a t e of physiological depression which characterises
the h u m a n organism a t night, fatigue and nervous exhaustion
caused b y artificial light, disturbances of t h e digestive organs
resulting from a change in habits, etci
The special dangers were recognised, b u t it was also realised
t h a t it was a practical impossibility a t t h a t t i m e t o adopt ¡general
international regulations concerning night work in industry,
even if t h e exceptions required t o meet technical and economic
needs were p e r m i t t e d . Moreover, as partial prohibition would
have been inadequate t o protect the health of women workers,
the possibility of special regulations concerning the night work
of women became a subject for study as soon as t h e programme
of t h e international congresses for t h e protection of t h e workers
took shape. The t r a d e unions supported these early efforts,
just as a t a later d a t e t h e y struggled energetically for t h e
extension of t h e prohibition of night work for women from one
country t o a n o t h e r .
Finally, one interesting fact m u s t be noted — t h e favourable

1

Cf. ANSIATJX, op. cit.; MAZEI,, op. cit. ; U. S. DEPARTMENT OF LABOUR,

WOMEN'S BUREAU : " The Employment of Women at Night ",
No. 64, pp. 51 et seq.

Bulletin,

— 107 —
reception given to t h e proposed suppression of night work for
women by t h e advocates of scientific management. I n t h e
enquiries carried out in 1900 and 1904 in preparation for t h e
Berne Convention, categorical statements on this point were
collected from heads of undertakings, who expressed their
satisfaction a t t h e suppression of night work for women in their
undertakings, which had been unsatisfactory from t h e point
of view of output, and also their satisfaction a t not being
obliged for reasons of competition t o employ women a t night
when protective legislation was introduced. One more m o d e r n
fact which is particularly characteristic is t h e attitude of t h e
Taylor Society in the United States. P a r t V of its Industrial
Code — a collection of rules proposed by this scientific managem e n t society for voluntary adoption by t h e heads of undertakings — states t h a t night work should be avoided as far as
possible and should never be required of women. I t is striking
t o find such agreement on a principle or precept among minds
animated by such profoundly different aims as t h e promoters
of t h e Berne and Washington Conventions and t h e advocates
of industrial rationalisation.

INTERNATIONAL MEASURES

The history of the international measures for regulating t h e
employment of women in industry during the night is linked
u p with the first efforts at international action for the improvem e n t of working conditions in general. The first congress for
t h e protection of t h e workers, held a t Berlin in 1890, adopted
a resolution in favour of t h e suppression of night work for women.
As soon as permanent bodies were set u p for the international
study of questions affecting t h e welfare of t h e workers, t h e first
of which were t h e International Association for Labour Legislation and the International L a b o u r Office in Basle, this question
became the subject of exhaustive research. At the first meeting
of the Association in Basle, t h e International Labour Office was
instructed to collect all available d a t a as to t h e effects of night
work for women, t h e position of national legislation in t h e
different countries and t h e results obtained in industries where
night work had been abolished. A detailed questionnaire was
prepared by t h e Office and sent t o the various national sections
of t h e Association, which replied by submitting reports, some

— 108 —
of w h i c h r e p r e s e n t v e r y t h o r o u g h s t u d i e s 1 . T h e first d i s c u s s i o n
t o o k p l a c e o n t h e b a s i s of t h i s i n f o r m a t i o n a t t h e s e c o n d m e e t i n g
of t h e A s s o c i a t i o n , h e l d a t C o l o g n e in S e p t e m b e r 1902, a n d a n
i n t e r n a t i o n a l c o m m i t t e e w a s set u p t o c o n t i n ú e t h e s t u d y of t h e
problem. This Committee prepared explanatory m e m o r a n d a 2 to
be s u b m i t t e d t o Governments, a n d requested t h e International
L a b o u r Office t o a p p l y t o t h e Swiss G o v e r n m e n t , a s k i n g it t o
c o n v e n e a n official c o n f e r e n c e for t h e p r e p a r a t i o n of a n i n t e r n a t i o n a l C o n v e n t i o n p r o h i b i t i n g t h e e m p l o y m e n t of w o m e n in
industry during the night.
O n 8 M a y 1 9 0 5 a first official c o n f e r e n c e o p e n e d i n B e r n e
t o d i s c u s s t h e p r i n c i p l e of a n i n t e r n a t i o n a l C o n v e n t i o n , t o b e
s i g n e d a f t e r s u b s e q u e n t d i p l o m a t i c n e g o t i a t i o n s . T h i s first
c o n f e r e n c e s u c c e e d e d in d r a w i n g u p t h e b a s i s for t h e D r a f t
C o n v e n t i o n , a n d t h e D i p l o m a t i c C o n f e r e n c e m e t in t h e following
y e a r , S e p t e m b e r 1906, in B e r n e , a n d d r a f t e d t h e final t e x t of
t h e C o n v e n t i o n c o n c e r n i n g t h e n i g h t w o r k of w o m e n , w h i c h
w a s s i g n e d b y t h e f o u r t e e n p a r t i c i p a t i n g S t a t e s , all of w h i c h

1

ASSOCIATION

INTERNATIONALE

POUR LA PROTECTION LÉGALE

DES

TRAVAILLEURS : Le travail de nuit des femmes dans l'industrie, Rapport sur
son importance et sa réglementation légale. Introduction by Dr. Etienne
BAUER, Director of the International Labour Office, Basle. Jena, 1903; Paris,
Le Soudier. XLII + 384 pp. This volume contains reports sent to the International Labour Office, Basle, by the sections of the International Association
for Labour Legislation in the following countries : Germany, reports by Dr.
Fuchs and Dr. Max Hirsch ; Austria, report by Ilse von Arlt; Belgium, reports
by Louis Variez, Dr. Ernest Dubois, J . Gatti de Gamond, de Centner and
E. Mahaim, and remarks by the Belgian Labour Office ; Denmark, report
by Mile. Annette Vedel ; Spain, report of the Committee on Social Reform ; United States, report by A. F. Weber ; France, report by P. Pic ;
Great Britain, reports by Miss Adelaide Anderson and G. H. Wood ; New
South Wales, report of the Department of Labour and Industry ; Italy,
report by Dr G. Toniolo ; Japan, report by Dr. Matsuzaki ; Luxemburg,
report by Henri Neumann ; Norway, report by Dr. A. T. Kiaer ;
Netherlands, report by G. J . van Thienen ; Russia, report by Dr. Hermann
Blocher ; Hungary, report by Andar von Maday ; Switzerland, reports
by Dr. F . Schüler, Pastor H. Eugster and Gottlieb Vogt. Cf. also :
Congrès international pour la protection légale des travailleurs, 25-28
July 1900. Rapports et compte rendu analytique, Paris, 1901, and the
various studies made by the national sections of the Association in preparation for the Congress : "Night Work in Austria", by Dr. Kuzmann : "The
Legal Regulation of Night Work in Switzerland", by Mr. Wegmann, etc.
2

Cf. INTERNATIONAL ASSOCIATION FOR LABOUR LEGISLATION : Memorial

explanatory of the Reasons for an International Prohibition of Night Work for
Women, 1904 ; Deux mémoires présentés aux gouvernements des Etats industriels en vue de la convocation d'une conférence internationale de protection
ouvrière, Paris, Berger-Levrault, 1905 ; Tableau comparatif des mesures législatives des Etats représentés à la Conférence internationale de protection ouvrière
à Berne concernant l'interdiction du travail de nuit des ouvrières dans l'industrie, 1905.

— 109 —
were European 1. I t was possible for other States t o adhere t o
t h e Convention if they so desired.
Thus it was after a period of fifteen years of preparatory
work, several private conferences a n d t w o official congresses,
t h a t this first Convention for t h e protection of the workers was
finally adopted ; there is little d o u b t t h a t it m u s t be one of t h e
most carefully prepared of international agreements.
The essential provisions of this Convention are summed u p
at the beginning of the tables following this Chapter. The
employment of women during t h e night is forbidden in industry,
b u t only in undertakings employing more t h a n ten workers a n d
excluding all family undertakings. The period of night m u s t
cover eleven consecutive hours including t h e period from 10
p.m. t o 5 a.m. Provision is made for exceptions in certain special
cases, b u t these are t o be only of a t e m p o r a r y n a t u r e : in case
of unforeseen interruptions in t h e work or for handling perishable
goods so as to save them from otherwise inevitable loss. I t is
also stipulated t h a t t h e nightly rest m a y be cut down in t w o
cases : it may be reduced to ten hours for sixty days a year in
seasonal industries or t o deal with exceptional circumstances,
and it may be lower t h a n the m i n i m u m fixed by t h e Convention
in countries outside Europe where t h e climate or conditions of
life of the native population require such a change. Finally,
the Convention fixed a time limit for its enforcement, which
might be as long as ten years in certain industries (sugar refineries, wool combing and spinning works, a n d surface mining
work).
On the outbreak of hostilities in 1914 only t w o of the signatory States — Denmark and L u x e m b u r g — had not ratified
on the other hand, France h a d adhered for Algeria and Tunis,
and Great Britain for New Zealand, t h e colonies of Ceylon ;
Fiji, Gibraltar, Gold Coast, Leeward Islands, Northern Nigeria
and Trinidad and the Protectorate of U g a n d a 2 .
The war stopped the progress of social legislation, a n d even
meant retrogression on account of t h e exceptionally intense
1
Austria, Belgium, Denmark. France, Germany, Great Britain, Hungary, Italy, Luxemburg, Netherlands, Portugal, Spain, Sweden and Switzerland.
2
The Convention came into force on 14 January 1912 for all States
which had ratified or adhered before 14 January 1910, that is to say, all the
States and Possessions mentioned, with the exception of Tunis, for which
the Convention came into force on 15 January 1912, as it had adhered on
15 January 1910.

— 110 —
industrial production for military purposes. Thus t h e application of t h e protective provisions of t h e Convention was
suspended in all the belligerent States. When the International
Labour Organisation was set u p in 1919 and the first Labour
Conference convened, t h e P r e p a r a t o r y Commission for t h a t
Conference placed on its agenda t h e question of t h e measures
t o be t a k e n t o obtain new ratifications a n d adhesions for t h e
Berne Convention. At Washington, however, the Committee
dealing with questions of women's labour did not content itself
with merely examining the state of ratifications. I t actually
revised t h e t e x t , and as it considered, in view of the experience
of States which had already adhered to t h e Convention, t h a t
it did not give adequate protection because it was restricted
t o large undertakings, whereas conditions of work are generally
less favourable in small undertakings employing fewer t h a n ten
persons, the Committee proposed t o the Conference t h a t the
t e x t should be amended.
F o r reasons of procedure a new and separate Draft Convention was d r a w n u p , t h e t e x t of which now constitutes the
Washington Convention concerning t h e employment of women
during t h e n i g h t (1919).
This Convention differs from t h e Berne Convention in t h a t
it applies to all industrial establishments irrespective of their
size, b u t excluding family undertakings. I t differs also on cert a i n minor points. The definition of t h e t e r m " i n d u s t r y " is more
precise, an enumeration being given of t h e activities which must
in any case be included ; this enumeration is the same as t h a t
adopted for t h e other Washington Conventions on conditions
of industrial employment — t h e E i g h t H o u r Convention and
t h e Convention on t h e Minimum Age for the admission of
children to employment — except t h a t transport undertakings
are not included.
The Article concerning t h e possible reduction of the nightly
rest when necessary on account of special climatic conditions,
provided t h a t compensatory rest be granted by day, applies
t o European a n d non-European countries equally ; a t the same
time there is a special clause for I n d i a a n d - S i a m authorising
these countries t o apply t h e provisions of t h e Convention over
a narrower field t h a n t h a t normally fixed. Finally, the time
limit allowed in t h e Berne Convention for certain types of work
were not included in t h e Washington Convention.
At t h e present moment therefore there is a double system

— Ill —
of Conventions for regulating the employment of women a t
night : t h a t of t h e Berne Convention which still binds the S t a t e s
mentioned above a n d t h e following which have adhered later :
Poland, 14 J a n u a r y 1921, the Free City of Danzig, 23 August
1921, and Morocco 5 J u l y 1927 ; and t h a t of the Washington
Convention, which in J u l y 1931 had been ratified by t w e n t y
States, of which nine are also signatories of t h e Berne Convention 1.
A third system might have been superimposed on t h e first
two if t h e International Labour Conference of 1931 h a d a p p r o v e d
t h e request for a revision of the Convention submitted b y t h e
Belgian and British Governments on the occasion of t h e decennial examination t o which every Labour Convention is subject.
The 1919 Convention might have been changed on certain points
mentioned by t h e Governing Body as susceptible of partial
revision : the insertion in t h e Convention of a stipulation
providing t h a t t h e Convention should n o t apply t o persons
engaged in supervision or management, and the addition t o
Article 2 of a paragraph authorising the States Members of t h e
International Labour Organisation t o substitute for the period
during which night work is absolutely prohibited t h e i n t e r v a l
from 11 p.m. t o 6 a.m. in place of 10 p.m. t o 5 a.m.
At the Fifteenth Session of the Conference (June 1931)
these proposed changes met with t h e unanimous opposition of
the workers' group, and on t h e final vote they did not o b t a i n
t h e two-thirds majority of t h e votes cast which would h a v e
been necessary for their adoption. Consequently, t h e original
t e x t of the Washington Convention concerning t h e e m p l o y m e n t
of women during t h e night remains as t h e only Convention of
the International Labour Organisation on t h e subject.
*

*

*

International agreements of a more restricted scope h a v e
also been adopted for protecting women against t h e pernicious
effects of night work. The provisions of t h e F r a n c o - I t a l i a n
1
The States adhering to both Conventions are : Austria, Belgium,
France, Great Britain, Hungary, Italy, the Netherlands, Switzerland, and
also the Irish Free State, which had adhered to the Berne Convention as a
part of Great Britain. The eleven States which have ratified the Washington
Convention only are : Bulgaria, Cuba, Czechoslovakia, Estonia, Greece,
India, Lithuania, Luxemburg, Rumania, the Union of South Africa and
Yugoslavia.

— 112 —
Workers' Protection Treaty of 1904 may be cited merely as a
m a t t e r of historical interest, for the participation of these two
Powers in t h e international Conventions of 1906 and 1919 has
deprived t h e obligations of their bi-lateral agreement of all practical importance. Mention may, however, be made of one example
of multilateral agreement which is still in force between a group
of States closely linked together in a variety of ways : in the
first Article of the Convention for the protection of workers
signed b y t h e five States of Central America on 7 February 1923,
these States agree that, six months after t h e Convention comes
into force, t h e employment of women of a n y age between
7 p.m. and 5 a.m. shall be prohibited as by law in their respective
territories, except for such exemptions as may be permitted by
legislation in t h e case of work particularly suited for women
which b y its n a t u r e must be performed at night.
N A T I O N A L LEGISLATION

As t h e m a i n provisions of the national systems of legislation
concerning t h e night work of women are given in t h e synoptic
tables, it will suffice here to point out t h e main principles.
There is a certain uniformity t o be met with in t h e different
systems, because a great n u m b e r of States have ratified the two
international Conventions and have therefore been obliged to
bring their legislation into harmony with them. On many
points, however, States which ratify are allowed a certain latitude on m a t t e r s of detail, so t h a t considerable variations may
still be met w i t h between legislations in countries which have
adhered to international agreements. Many States also which
have not ratified any of the agreements nevertheless possess
legislation on night work.
The definition of " n i g h t " is the same in the 1906 and the
1919 Conventions a n d this definition has therefore been adopted
in a number of systems. Quite frequently, however, States,
even when parties t o one or other of t h e Conventions, have
fixed a longer period either for t h e uninterrupted rest or for the
interval during which all work is prohibited.
Quite often,
indeed, t h e t w o periods coincide and work is strictly prohibited
during t h e eleven, twelve or even thirteen hours fixed as t h e
nightly rest ; in such a case it is impossible for women to be
employed in t w o successive shifts as is permitted b y t h e more
elastic provisions of t h e Berne and Washington Conventions.

— 113 —
This system is generally met with in t h e laws of t h e British
Empire x and in a number of State laws of t h e United States
of America ; t h e multilateral Convention between t h e Central
American States has a definition of this t y p e .
The legal definition of " n i g h t " m a y also v a r y in one and t h e
same country according to t h e undertakings referred to ; in
Great Britain it is not the same for textile factories, factories
other t h a n textile factories a n d workshops.
There may be other bases for distinctions : in some of the
States of Australia undertakings employing Asiatics have t o
observe different hours for night work for t h a t section of their
staffs.
Another point which gives rise t o still more variety is t h a t
concerning t h e exemptions from t h e complete prohibition of t h e
employment of women at night. States which have ratified the
Washington Convention have to determine what categories of
industries are permitted t o enjoy t h e exceptions which m a y be
authorised, being either completely exempted as dealing with
materials liable t o rapid deterioration or permitted t o reduce
t h e nightly rest as seasonal industries ; the industries included
in these lists vary according to the characteristics of industrial
production in different countries. I n t h e first group of exceptions,
for instance, a maritime State such as t h e Netherlands will
exempt fish-curing works ; a country like Greece, which is b o t h
agricultural and maritime, will add fruit preserving. In addition
t o the influence exercised in this respect by variations in national
production, account must also be t a k e n of custom, for such permission is granted a t the request of t h e industries concerned.
There is, therefore, a tendency to permit exceptions in industries
employing a large proportion {of [women workers, and t h e
industrial distribution of female labour is very different in
different countries.
The mechanism for the granting of exemptions also varies :
they m a y be fixed once and for all by legislation, or the law m a y
state w h a t authority is entitled t o grant t h e m . I n t h e case of
interruptions in the work due to accidents, or of the special
facilities granted t o seasonal industries, it is quite often [sufficient
]
In Great Britain itself the provisions of the Factory Act instituted
a scheme of this kind, but the Employment of Women, Young Persons and
Children Act of 1920 introduced the possibility of exceptions on this point,
so that two shifts can eventually be worked between 6 a.m. and 10 p.m.
daily.

— 114 —
for t h e head of t h e undertaking t o give notice t o t h e competent
supervisory a u t h o r i t y , b u t in some countries previous permission
must be obtained even in these cases.
When t h e prohibition of night work covers a very wide
period t h e n u m b e r of exemptions will necessarily be greater,
for legislations which prohibit all work during a very long
period (as long as thirteen hours in South Africa, for instance)
are compelled t o provide exemptions which are not required
under t h e more elastic provisions of t h e Washington Convention.
Another point which gives rise to great differences is the
scope of t h e regulations on night work, which may vary in
three respects : the size of t h e undertakings covered, the types
of work included a n d t h e categories of persons subject t o t h e
regulations.
I t has been seen t h a t t h e Berne and Washington Conventions
differ considerably on the first two points. The number of
persons employed in t h e undertakings, which was abandoned
as an international criterion in 1919, is still maintained in certain
systems of legislation in countries which have become parties
t o the Berne Convention only : Germany a n d Sweden still apply
the regulations concerning the employment of women at night
only in undertakings employing not less t h a n ten persons. India,
which is a p a r t y t o t h e Washington Convention, makes use of
the special powers given t o it t o apply this Convention only
t o undertakings considered as factories according to its national
legislation, t h a t is t o say, in every case to undertakings
employing t w e n t y persons and using meehanical power, or, by
order of local governments, to undertakings employing ten or
more persons. The criteria of t h e number of workers and t h e
form of power employed have also been adopted by certain
States not parties to t h e Conventions in defining the categories
of undertakings to be covered by the regulations.
Variations with regard t o the exact categories of undertakings covered m a y be met with even in the legislations of States
which are b o t h parties to the same Convention. I n spite of the
details given for t h e definition of t h e t e r m "industrial undert a k i n g s " in t h e Washington Convention, a certain number of
points are still left open for decision by t h e States which ratify :
these States h a v e t o draw t h e line of demarcation between
industry and agriculture on t h e one hand and between industry
and commerce on the other. There are a number of mixed acti-

— 115 —
vities which certain States have placed on one side of this line
and others on the other.
Should small workshops for working u p agricultural produce
be considered industrial or agricultural undertakings when t h e y
are attached t o purely agricultural establishments ? Should t h e
regulations on night work apply t o t h e m or not ? The n a t i o n a l
systems of legislation have given different replies ; Yugoslavia
considers t h e m to be industrial and therefore applies the regulations concerning t h e night work of women ; H u n g a r y excludes
t h e m when they are chiefly engaged in working u p t h e produce
of the agricultural undertaking to which t h e y are attached.
Sometimes, also, it is difficult to make t h e distinction
between industry and commerce. The text of the Washington
Convention excludes from the scope of t h e international
regulations on the employment of women at night a mixed
activity which it is difficult to place in either category, t h e
transport undertakings, because t h e authors of t h e Convention
took into account t h e fact t h a t the work of these undertakings
h a d sometimes t o be continuous or t o be extended for some t i m e
into the night. There are m a n y other forms of activity in which
t h e decision is difficult and has been left to t h e individual
States. One in particular has given rise to disputes in certain
countries : t h e position of telegraph and telephone services. The
Washington Convention clearly states t h a t t h e construction, reconstruction, maintenance, repair, alteration or demolition of any
telegraphic or telephonic installation is subject t o the Convention, b u t it says nothing about their working. Consequently,
parties to the Convention are free t o apply or not t o apply t h e
prohibition of night work t o telegraph a n d telephone services.
I n France, t h e Convention was originally applied, b u t as t h e
female staff of t h e telephone service wished, for
financial
reasons, to take a share in the night service (which, in this
administration, has the advantage of being extremely quiet
and therefore less tiring t h a n t h e day shift), women employees
were subsequently exempted, and justification could be found
for t h e step in the fact t h a t in France these services are placed
under the Ministry of Commerce.
Variations in t h e scope of national systems of legislation
m a y also be due t o t h e fact t h a t m a n y systems have prohibited
night work elsewhere t h a n in industry. The employment of
women at night is prohibited in commercial undertakings, or a t
least in a certain number of them, by most of t h e legislations

— 116 —
of t h e sixteen States of the United States of America which
have regulations on t h e subject ; such prohibition also figures,
with t h e necessary exceptions, in the legislation of Argentina,
Bolivia, Greece, P a n a m a , Salvador and Spain, and in Belgium
for hotel a n d office work. There are also m a n y systems of shopclosing regulations which prohibit t h e employment of persons of
either sex d u r i n g the night and therefore make special regulations on night work unnecessary.
I t is only rarely t h a t night work in agriculture is prohibited,
for t h e opportunities for such work are slight ; certain legislations, however, have prohibited the employment of women at
night in agriculture.
F u r t h e r v e r y important variations are met with in the
categories of persons covered b y the regulations. I n this connection there arises t h e very controversial question of whether
general legislation or special legislation applying to women
is preferable. If a general system of legislation can guarantee
effective protection, as has been done in the international field and
in t h e national field with regard to hours of work, there is no
doubt t h a t it is the better method, for it is the most effective
one from t h e point of view of the well-being of the working class
as a whole. B u t there are technical and economic reasons (or it
may be t h e difficulty of changing habits which have become
too deeply rooted on account of the demands of consumers)
which m a k e it difficult to do away with night work altogether.
Thus, there has so far been no country which has t a k e n action
simply by general regulations without being forced t o exclude
from t h e protection of these regulations large categories of
women workers in industry. For example, the legislations of
Finland and Norway, which in principle prohibit night work
for all industrial workers without distinction of sex or age,
permit a great n u m b e r of exceptions and t h u s leave a large
number of women exposed to the harmful effects of night work
in industrial undertakings.
A second method, t h e most, complete example of which is to
be found in t h e Netherlands (but which is also employed b y
certain Australian States, by British Columbia, by New Zealand
for certain industries, such as cabinet making and laundries,
and by a n u m b e r of other countries for bakeries) 1 , consists in
1
An international Convention prohibiting night work in bakeries was
adopted by the International Labour Conference in 1925; by July 1931 it
had been ratified b y five countries : Bulgaria, Cuba, Estonia, Finland and
Luxemburg . Many States which have not yet ratified have legislation
prohibiting or restricting night work in bakeries.

— 117 —
combining general regulations with special regulations, t h u s
prohibiting in principle the employment of any workers during
t h e night and making exceptions t o meet t h e needs of i n d u s t r y
for adult male workers.
This method is a t present t h e most effective of those which
have been tried, since it extends the benefits of t h e protective
legislation to the great majority of male workers by prohibiting
their employment at night except when there is some valid
justification for it. At the same time, it restricts night w o r k in
industry t o the minimum which is indispensable for t h e continuity of economic activity, so t h a t such a system generally
prevents the extension of night work to a great n u m b e r of
industries where it has often been adopted without a n y real
need. This reduces to the minimum t h e disadvantage which
special legislation is sometimes alleged t o have of restricting
t h e possibilities of employment for women.
I n some countries the legislation on night work, instead of
being extended to include workers other t h a n women, is restricted to women who are not of age. I t is not t h e purpose of
this volume t o discuss regulations concerning the employment
of children, according t o which children of either sex and
sometimes also young persons are forbidden to work during the
night. I t may, however, be noted t h a t certain legislations have
provisions prohibiting night work for young girls u p to a later
age t h a n t h a t fixed for boys, while other systems have stricter
regulations for girls and young women t h a n for adult women.
The legislation of Ohio offers an example : boys under sixteen
years of age and girls under eighteen m a y not be employed
before 7 a.m. or after 6 p.m. in scheduled occupations (including
industry, commerce and similar activities) ; women from eighteen to twenty-one may not be employed before 6 a.m. or after
10 p.m. in these occupations ; and t h e employment of women
over twenty-one years of age between 10 p.m. and 6 a.m. is
prohibited in one single commercial occupation.
The restriction of t h e prohibition of night work t o women
who are not of age was formerly practised in several countries
(e.g. Belgium and Portugal), b u t is now rare. This change is
doubtless due t o the influence of the international Conventions
and t h e inconvenience which arose in States which practised t h e
system. Regulations covering only women who are not of age,
instead of leading to t h e abolition of night work in industries
employing female labour, merely m e a n t t h a t t h e night shift

— 118 —
was composed of women over t h e age of twenty-one years, the
great majority of whom were married women and mothers of
families, for whom t h e effects of night work were particularly
harmful, seeing t h a t t h e y have great difficulty in obtaining
adequate rest during the day.
F o r t h a t reason a contrary tendency is now appearing in
legislation, namely, the idea of granting special protection
against employment a t night t o women whose family obligations impose a double task upon t h e m or whose health must be
specially safeguarded because of approaching or recent motherhood. Section 131 of t h e Soviet Labour Code prohibits the
employment of pregnant women or nursing mothers on night
work even in cases where the employment of women during the
night [is [exceptionally permitted.^ R a t h e r striking provisions
on this subject can be found in certain systems of legislation
on agricultural work. Night work, in t h e strict sense of the
term, is comparatively rare in agriculture, but those tasks
which occur regularly, such as work which has t o be carried
out late a t night or early in t h e morning (e.g. t h e care of cattle,
milking, dairy work and the despatch and transport of goods to
market), h a p p e n t o be just those tasks which are generally
entrusted t o women. All except two of t h e orders regulating
agricultural w o r k in t h e different provinces of Austria contain
provisions prohibiting night work for women who are in charge
of a household (sometimes restricted t o married women only).
I n Burgenland, pregnant women must also be exempted from
night work.
The regulations on night work also include a number of
provisions which can only be briefly mentioned here : they may
fix shorter legal hours for night work or t h e y may stipulate a
higher r a t e of remuneration. As a general rule, such systems
apply t o workers of both sexes.

TABLES

R E G U L A T I O N S CONCERNING T H E E M P L O Y M E N T OF W O M E N
AT N I G H T

—

120

—
REGULATIONS CONCERNING THE
A.

—

International

Scope of t h e regulations
International regulations
Occupations covered

Adults covered

Berne Convention, 1906.

Industrial undertakings employing
more t h a n 10 workers.

W o m e n workers.

I n t e r n a t i o n a l Labour Convention (Washington, 1919).

Public o r p r i v a t e industrial undertakings a n d their branches ;
(a) Mines,
quarries,
extraction
works ;
(b) Industries in which articles a r e
manufactured, altered, cleaned.
repaired, ornamented, finished,
a d a p t e d for sale or demolished,
or in which materials a r e
transformed, including shipbuilding, a n d t h e generation,
transformation a n d transmission of electricity or motive
power of a n y kind ;
(c) Construction,
reconstruction,
maintenance, repair, alteration
or demolition of a n y building,
railway, t r a m w a y , harbour,
dock, pier, canal, telegraphic
or telephonic installation, electrical u n d e r t a k i n g , gas work,
waterwork, or other work of
construction. Line of division
separating industry from commerce a n d agriculture t o b e
defined b y national legislation.
More restricted scope for
India a n d Siam.

Women without
tion of age.

Recommendation of t h e I n t e r n a t i o n a l
L a b o u r Conference (Geneva, 1921).

Agricultural

W o m e n of all ages.

Convention for t h e unification of protective
labour legislation, concluded on 7
F e b r u a r y 1923 by Guatemala, Salvador,
H o n d u r a s , Nicaragua, a n d Costa Rica,
section 1 (5).

Not defined.

i Consecutive if possible.

undertakings.

distinc-

W o m e n of all ages.

— 121 —
EMPLOYMENT OF WOMEN AT NIGHT

Regulations
Period when
employment
prohibited

Length
of
continuous
rest

Exemptions permitted
Permanent

10 p.m.-5 a.m.

11
hours

(a) Work in family
workshops;
(b) In States outside
Europe the nightly
rest may be reduced
if compensatory
rest given by day;
(c) 10 years allowed
for application in
certain industries.

10 p.m.-5 a.m.

11
hours

(a) Work in family undertakings;
(b) In warm climates,
the nightly rest may
be reduced if compensatory rest is
given by day.

9
hours i

7 p.m.-5 a.m.

For women over 15
years of age, exemptions may be made
by national legislation with regard to
work peculiarly fitted
for women which by
its nature must be
performed by night.

Temporary

As for 1919 Convention.

(a) Cases of force majeure — interruption of work impossible to
foresee and not recurrent;
(b) Work with raw materials subject to rapid deterioration,
when night work necessary to
prevent their loss;
(c) Seasonal work and exceptional
circumstances : night period
reduced to 10 hours on 60 days
a year.

— 12£ —
REGULATIONS CONCERNING THE
B — Legislation of States Members of
Scope of t h e regulations
National systems ot legislation
Occupations covered

Adults covered

í

ARGENTINA
Act of 30 September 1924 concerning t h e
employment of women a n d children,
section 6.

(a) Industries
(b) Night work in general (except
specified cases ; cf. " E x e m p tions " ) .

W.

1. Factories.

1. (a) I n general : W .
(b) Factories employing
Chinese, a n d furniture
factories : M and W .
2. E m p l o y m e n t of women
prohibited.

AUSTRALIA
R e g u l a t e d b y States.
New South Wales
1. Factories and Shops Act, 1912 (sections
46 a n d 49), a m e n d e d b y A c t of 17
F e b r u a r y 1927, section 5.
2. Coal Mines Regulation Act of 1912,
section 4 1 .
Queensland
1. Factories and Shops Acts, 1900-1922,
section 46.
2 . Mines A c t s , 1910-1920, section 32, a n d
Coal Mining Act, 1925, section 79.
South Australia
1. Industrial Acts, 1920-1924,
sections 340, 356, 357.
2. Mines Act, 1920, section 17.

Part

V,

Tasmania
1. Act of 13 J a n u a r y 1911 consolidating
t h e Factories Acts, sections 51 and 56.
2. Mines Act, 1915, section 29.
Victoria
1. Factories and Shops Act, 1928, sections
38-39.
2 . Coal Mines A c t , 1915, section 6, a n d
Mines Act, 1915, section 403.
Western Australia
1. Factories and Shops Act, 1920, sections
32-35.
2. Coal Mines Act, 1902-1926, section 5.

2. Coal Mines.

1. Factories

1. W .

2 . Mines.

2 . E m p l o y m e n t of women
prohibited.

1. Factories.

1. (a) I n general : W .
(b) Factories employing
Chinese.M and W .
(c) P r i n t i n g works :
2. E m p l o y m e n t of women
prohibited.
1. (a) I n general: W .
(b) In p r i n t i n g works : W.
2. E
m p l o y m e n t of women
prohibited.
1. (a) In general : W .
(6.) Factories employing
Chinese a n d making
furniture : M and W .
2. E m p l o y m e n t of women
prohibited.
1. (a) I n general : W .
(b) Chinese a n d Asiatics
M and W.
2. E m p l o y m e n t of women
prohibited.

2. Mines.
1. Factories.
2. Mines.
1. Factories a n d bakeries.
2 . Mines.

1. Factories.
2. Mines.

AUSTRIA
1. Act of 14 May 1919 prohibiting night
work for women a n d young persons in
industry.
2. Mining Act of 28 J u l y 1919, sections
2 a n d 14.
3. Act of 19 July 1924 for ratification of
t h e Washington Convention.
4. Bakeries Act of 3 April 1919.

l Abbreviations : W = women ; M = men.

1. Undertakings covered b y t h e
Industrial Code (industry, excluding mines) a n d all other
producing undertakings. Commerce and crafts (excluding cert a i n work, e.g. agriculture).
2. Mines a n d a t t a c h e d works.
3 . As in t h e Convention.

1,

4. Workshops for making
p a s t r y a n d sweets.

4. M a n d W .

bread,

2 and
workers.

3.

Women

— 123 —
EMPLOYMENT OF WOMEN AT NIGHT

the International
Period when
employment
prohibited

Labour
Length
of
continuous
rest

8 p.m-7 a.m. in
winter.
8 p.m.-6 a.m. in
summer.

Organisation
Exemptions permitted
Ratifications
Permanent

Temporary

Washington Convention : ratification recommended

(a) Hospitals and domestic service.
(b) Places of amusement (for women
over 18 years).
Condition : at least 12
hours* rest.

1. (a) 6 p.m.-6
a.m.
lb) non-Chinese :
6.30 p.m.-7.30
a.m. ; Chinese: 5.30 p.m.
-7.45 a.m.

1. By permit, in case of necessity.

1. After 6 p.m.

1. In case of extra work, extension
on not more than 40 days a year
to 9.30 p.m. for not more than
two consecutive days.

1. (a) After 9 p.m.
(b) 5 p.m.-7.30
a.m.
(c) 6 p.m.-6 a.m.
1. (a) After 9 p.m.
(b) 9 p. m.-6 a.m.

1. (a) After 9 p.m,
(b) 5 p.m.-7.30
a.m.

1. (b) Urgent work : for two months
in the year.

1. (a) 6 p.m.-8
a.m.
(b) 5 p.m.-8 a.m.

1. (b) Urgent work : Chinese up
to 9 p.m. for 2 months a
year.

1. In general, 8 1. 11
p.m.-5 a.m.
hours
1 and 2. Work by
shifts
and
mines :
10
p.m.-5 a.m.

1. On giving notice, for women over (a) Berne Conven18 years :
tion : ratified
(a) In case of disturbance i n nor1909.
mal working of undertaking, (b) Washington
8 days at most consecutively ;
Convention ;
limit : 24 days a year;
registered 12
(b) for handling perishable goods
June 1924.
within the same limits;
(c) By permit from the Ministry,
in the interests of the community or the workers. (Such
permits have been granted in
the sugar industry from October
to January.) .
2. In the public interest, by Ministerial permit, after^consultation
with employers and consent of
miners' unions.

4. 9 p.m.-5 a.m.

— 124 —
REGULATIONS CONCERNING

THE

B. — Legislation of States Members of
Scope of t h e regulations
National systems ot legislation
Occupations covered

Adults covered

BELGIUM
1. R o y a l Order of 28 F e b r u a r y 1919 co-ord i n a t i n g the Acts on t h e e m p l o y m e n t of
women a n d children, amended b y section
31 of t h e Act of 14 J u n e 1921 on t h e
eight-hour day, sections 7, 8 a n d 12-14.
2. Act concerning t h e eight-hour d a y ,
section 8 (1).

1 and 2. Mines, factories, workshops, building operations, land
a n d water t r a n s p o r t , loading,
etc. all undertakings classified as
dangerous, unhealthy a n d noxious. Offices of commercial undertakings, dairies a n d cheese
factories.
T h e Order will apply t o commercial undertakings as Royal
Orders are issued for t h e application t o such undertakings of
t h e E i g h t - H o u r D a y Act, t h e
scope of which is completely
included in t h e scope of t h e Act
on t h e employment of women
a n d children.

1. W.

All undertakings except those mentioned under " P e r m a n e n t exemptions " .

W.

Baking and breadmaking b y m a chinery.

M and W.

1. Industrial undertakings,
ing, t r a n s p o r t .

1. W .

BOLIVIA
1. Supreme Decree of 21 September 1929
on t h e protection of women a n d children
in i n d u s t r y .section 7.
2. Administrative regulations, section 12.
BRAZIL
Decree N o . 2959 of 2 F e b r u a r y 1924 concerning bakeries (Federal district).
BULGARIA
1. W o r k e r s ' Health a n d Safety A c t of 1917,
section 1 8 .
2. H o u r s of Work Regulations No. 2834
of 1919.
3 . Regulations o n compulsory l a b o u r service for young women, 8 March 1922,
section 42.

build-

3 . Public services.

3. Y o u n g women.

CANADA
Legislation b y t h e Provinces.
Alberta

,

Mines Act, 1930, P a r t H .

E m p l o y m e n t of
prohibited.

British Columbia
1. Factories Act, 1924, sections 4 and 14, 1. (a) Factories;
a m e n d e d by t h e Act of 7 March 1927.
(b) Laundries.
2. Act of 2 April 1921 on t h e e m p l o y m e n t 2. As t h e Washington Convention.
of women at night (to come into force
when similar legislation passed in o t h e r
Provinces).

1. (a) W .
(b) M and

Manitoba
Factories Act, 1913, section 15.

(a) Factories in general;
(b) Laundries, brick-works, factories for artificial flowers,
ladies' clothing a n d motor
coachwork.

(a) W .
(b) W .

W.

women

— 125 —
EMPLOYMENT OF WOMEN AT NIGHT

the International Labour Organisation
Period when
employment
prohibited

Length
of
continuous
rest

1.10 p.m.-5 a.m.

11
hours

9 p.m.-6 a.m.

—

Manufacture :
2 p.m.-4 a.m.
Sale 5 p.m.-6 a.m.

—

1. 6p.m.-6 a.m.

—

3. 8 p.m.-6 a.m.

Exemptions permitted
Ratifications
Permanent

1 and 2. (a) In family
undertakings, except
those classified as
dangerous, unhealthy or noxious, or
using steam boilers
or mechanical power;
(b) Offices of hotels and
places of public
amusement;
(c) In the hotel trade,
work may continue
after 9 p.m. if 11
hours' consecutive
rest given.

For women who are of
age : domestic service, attendance on
the sick, work in
places of amusement.
On Saturdays, manufacture authorised
from midnight to 4
p.m. and sales up
to 7 p.m. outside
and from 6 a.m.-8
p.m. in shops.
1

and 2. Continuous
work in shifts : work
permitted up to 9
p.m. and from 5 a.m.

i.(a)

8 p.m.-7
a.m.
(b) 7 p.m.-7 a.m.

(a) 10 p.m.-7 a.m. 11
(b) 10 p.m.-7 a.m. hours

(continued)

Temporary

1. (a) Night work may be per- (a) Berne Convention : ratified
mitted by Royal Order for
women and girls over 18 for
1909;
handling perishable goods (no
such Order yet issued);
(b) In seasonal industries, to be (b) Washington
Convention :
fixed by Royal Order, the
registered 12
nightly rest of women and
girls over 18 may be reduced
July 1924.
to 10 hours sixty times a year;
(c) In any ndustry, by permit
from the Governor, in case of
force majeure —interruption of
work impossible to foresee
and not recurrent;
(d) In case of extraordinary circumstances, in the public
interest, the rest may be reduced to 10 hours sixty times
a year at most.

—

—

—

—

1 and 2. In case of unforeseen cir- Washington Concumstances due to force majeure
vention : regisnight work is permitted.
tered 24 February 1922.

1. Night work permitted for canning
fish and fruit during the season.

—

—

— 126 —
REGULATIONS CONCERNING THE

JB. — Legislation of States Members of
Scope of t h e regulations
National systems of legislation
Occupations covered

Adults covered

CANADA Ccontinued)
New Brunswick
Factories Act, 1919, sections 2, 2c and 6.

Factories.

W.

Factories.

W.

Factories, bakeries, offices, shops.

w.

(a) Factories in general.
(b) Cotton industry.

(a)
(b)

Factories, bakeries.

W.

(a) Bakeries, pastrycooks, macaroni factories.
(b) Industrial undertakings.

(b)

Nova Scotia
Factories Act, 1901, sections 17 and 18.
Ontario
F a c t o r y , Shops and Office Building Act,
sections 31 and 34.

Quebec
Industrial Establishments
sections 15 a n d 16.

Act,

1909,

W.
W.

Saskatchewan
Factories Act, sections 11 a n d 12.

CHILE
L a b o u r Code, 1931, sections 48 a n d 342-345

(a) M and W .
W.

CHINA
Factories Act of 30 December 1929, section 13 (taking effect from 1 August
1931).

All factories worked b y gas, electricity or w a t e r power a n d regularly employing 30 or more
workers.

W o m e n workers.

CUBA
1. Decree of 10 J u l y 1928 for ratification
of t h e Washington Convention.
2. Act of 2 J u n e 1928, p r o h i b i t i n g night
work in bakeries.

2. Manufacture of bread, p a s t r y
and similar products in bakeries,
hotels and other establishments.

. M and W.

— 127 —
EMPLOYMENT OF WOMEN AT NIGHT

the International Labour Organisation (continued)
Period when
employment
prohibited

Length
of
continuous
rest

Exemptions permitted
Ratifications
Permanent

10.30 p.m.-6 a.m.

9 p.m.-6 a.m.

Temporary

Night work permitted for c a n n i n g
fish a n d fruit during t h e season.

—

Night work p e r m i t t e d on 20 d a y s a
year, during J u l y , August, S e p t e m b e r a n d October.

—

6.30 p.m.-7 a.m.
Shops : 6 p.m.7 a.m.

—

B y permit from t h e inspector in
case of accident, dislocation of
work or necessity, u p to 9 p m
and from 6 a.m.

(a) 9 p.m.-6 a.m.
(b) 6.30 p.m.-7
a.m.

B y permit from t h e inspector in
case of accident, dislocation of
work or necessity, u p t o 10 p . m .
b u t m a y not resume until 7 a . m .

After 6.30 p.m.

(a) 10 p.m.-5 a.m.
or 9 p.m.-4
a.m.
(b) 8 p.m.-7 a.m.

—

—

10 p.m.-fi a.m.

—

—

2. 8 p.m."4 a.m.

—

2. (a) U p t o 11 p.m. on
Saturdays.
(b) On public holidays
or for other reasons
of public interest,
work m a y be p r o longed by permission of local a u t h o rities.

By

permit
or force

in case
majeure.

—

of

accident

—

—

Washington Convention : registered 6 August
1928.

— 128 —
REGULATIONS CONCERNING THE

JB. — Legislation of States Members of
Scope of the regulations
National systems of legislation
Occupations covered

Adults covered

1. Undertakings covered by the
Industrial Code (i.e. industry,
commerce and wage-paid occupations in general, with certain
specified exceptions) as well as
the mining industry and persons
regularly employed in agriculture and forestry.

1 In principle, M and W.

As

W.

CZECHOSLOVAKIA

1. Act of 19 December 1918 on the 8-hour
working day, sections 8 and 9.

2. Administrative Order of 11 January
1919 under the above Act.
3. Circular of 21 March 1919 to ensure the
enforcement of the above Act.

ESTONIA

Act of 20 May 1924 on the employment of
children, young persons and women,
sections 17 and 18.

in Washington Convention
(peat-digging included among
extraction industries).
Family undertakings are not
excluded.

— 129 —
EMPLOYMENT OF WOMEN AT NIGHT

the International Labour Organisation (continued)
Period when
employment
prohibited

Length
of
uous
rest

Exemptions permitted
Ratifications
Permanent

1 and 2. fa) In 1. (b) 1. (a) For men, night
general : 10 Eight
work is permitted
p.m.-5 a.m.
hours
when technical rea(b) Domestic ser- during
sons require the convants (agricul- t h e
tinuous working of
tural and
night
the undertaking, in
others), cf* (twelve
the public interest,
to meet regular pubnext column. in all).
lic needs, for urgent
repairs or in case of
accident;
(b) For women over 18
exemptions may be
permitted for the
continuous working
of the undertaking or
in the public interest,
provided the women
do not perform very
fatiguing work.

—

—

Work in a single
shift : 9 p.m.-5
a.m.

11

2 and 3. Exemptions
permitted for : agricultural undertakings
for vine and fruit
growing, the care of
animals, the arrangement and preparation of agricultural
produce and the conveyance of goods to
market ;
dairies,
hotels and kitchen
services in the hotel
industry ; booking offices in transport undertakings, telegraph
and telephone services ; delivery of
newspapers ;
theatres and places of
entertainment ; hospitals,
maternity
homes, asylums and
penitentiaries.

Temporary

1. (a) The Minister may determine
categories of undertakings in
which women over 18 may be
employed at night for a short
period to deal with perishable
goods.

Washington Convention : registered 24 August
1921.

2. Scheduled undertakings : making of jam and fruit pulp, drying
of vegetables and fruits, during
the season.

—

(a) In case of accident or non-recurrent force majeure;
(b) To deal with perishable goods;
(c) In seasonal industries and exceptional circumstances : reduction of rest to 10 hours.

Washington Convention : registered 20 December 1922.

— 130 —
REGULATIONS CONCERNING THE

B. — Legislation of States Members of
Scope of t h e regulations
National s y s t e m s ot legislation
Occupations covered

Adults covered

FINLAND
1. Order of 18 August 1917 o n work in
industrial undertakings, sections 9 a n d
12.

1. Factories a n d workshops.

1. M a n d W .

2. Act of 20 J a n u a r y 1928 o n work in
bakeries.

2. Bakeries a n d biscu

2. M a n d

factories.

W.

FRANCE
1. L a b o u r Code, Book I I , sections 20-25.
2. Act of 24 J a n u a r y 1925 a m e n d i n g sections 21-28 a n d 96 of Book II of t h e
Code.
3 . Decree of 5 May 1928 specifying allowances a n d exceptions.

1. Section 20 : Bakeries a n d pastrycooks' establishments.
1 a n d 2. Sections 21-25 : factories,
works, mines, quarries, yards,
workshops or their dependencies,
public or p r i v a t e , lay or religious, even if for "industrial
instruction or of a charitable
nature.
3. D i t t o .

1. M a n d W (bakeries).

1. Factories, works, mines, pits,
quarries, yards, workshops or
their dependencies, public or
private, lay or religious, even if
for industrial instruction or of
a charitable n a t u r e .
2. D i t t o .

1. W .

1 a n d 2. W .

FRENCH POSSESSIONS
Algeria
1. Decree of 15 J a n u a r y 1921 applying
t o Algeria Book I I of t h e L a b o u r Code
(old t e x t , n o t including A c t of 24
J a n u a r y 1925).
2 . Decree of 14 F e b r u a r y 1921 applying
t o Algeria t h e Decree of 30 J u n e 1913
specifying t h e allowances a n d exceptions provided for b y sections 17, 2 3 ,
24, 25 and 26 of Book I I of t h e L a b o u r
Code.

— 131 —
EMPLOYMENT OF WOMEN AT NIGHT

the International Labour Organisation (continued)
Period when
employment
prohibited

Length
of
continuous
rest

1. In a single shift:
9 p.m.-6 a.m.
in t w o shifts :
11 p.m.-6 a.m.

2 . 1 0 p.m.-5 a.m.
Biscuit factories : 11 p.m.5 a.m.

—

Exemptions permitted
Ratifications
Permanent

Temporary

1. M and W over I S
years :
(a) Night work p e r m i t t e d
in three-shift system
(change over every
week);
(b) By permit from Ministry, for p a r t of t h e
night for technical
reasons, on account
of atmospheric conditions or local communications.
2. M and W. Work permitted up t o 11 p.m.
for preparatory work,
cleaning, heating a n d
maintenance of machinery.

1. M a n d W over 18 years : B y
permit :
(a) In seasonal industries;
(b) On account of a n accident interrupting work ; for not more
t h a n 4 weeks.

a.m. l a n d 2 . 1 and 2. Family workshops.
11
1 and 2. 10 p.m.- hours
5 a.m.

1.10 p.m.-4

1. 9 p.m.-5 a.m.

11
hours

1. In continuous process works specified
by regulations, for
women who are of,age
and for indispensable
operations, provided
that the maximum
hours of work shall
be 10 in a n y period
of 24 hours and t h a t
2 hours' rest are
granted at night.
2. Specified industries,
raw beet sugar factories.

2. M a n d W . P e r m i t for special circumstances, on not more t h a n
10 days a year.

—

Women over 21 :
2 and 3. (a) In case of interruption (a) Berne Convenin working or force majeure,
tion : ratified
u p t o 15 nights in t h e year a t
1908;
most, except with special p e r - (b)
Washington
mission;
Convention :
(b) F o r handling perishable goods
registered 14
in industries specified b y t h e
May 1925.
Decree of 5 May 1928 a n d
u p to 2 5 , 60 or 90 days according to t h e industry.

1 a n d 2. (a) F o r women over 1 8 : (a) Berne Convenextension t o 10 p.m. on 60
tion, adhesion
days a year (manufacture of
26 March 1909.
h a t s a n d clothes for m o u r n i n g ) ;
(b) Reduction of rest t o 10 h o u r s
in industries mentioned u n d e r
(a) a n d in industries p e r m i t t e d
t o exceed t h e legal h o u r s (59
industries mentioned in Decree
of 30 J u n e 1913);
(c) Night work p e r m i t t e d on a
limited n u m b e r of occasions i n
t h e following industries : b u t t e r
a n d cheese factories, glue a n d
gelatine, pulling wool from
sheepskins, for 60 d a y s ; candied fruit, preserved fish or
vegetables, extraction of perfumes, for 90 days ; macaroni
etc., 30 days;
(d) In all industries, in case of
i n t e r r u p t i o n of work by accid e n t or force majeure, for 15
days on notice being given ;
beyond t h a t by permit.

132
REGULATIONS CONCEKNING THE

B. — Legislation of States Members of
Scope of the regulations
National systems of legislation
Occupations covered

Adults covered

Morocco

Dahir of 13 July 1926, sections 8 and 10-17,
amended on 22 May 1928.

Factories, works, yards, workshops, W .
laboratories, loading and unloading undertakings.
Shops, offices, kitchens, cellars,
wine stores, warehouses, theatres, circuses, and other places
of entertainment and dependencies.

Tunis

Decree of 15 June 1910, section 9.

Industrial establishments, commer- W .
cial establishments.

Guadeloupe
Decree of 7 September 1913 for the appli- Works, factories, mines, pits, quarries, yards, workshops and decation of Book II of the Labour Code,
pendencies.
section 12.

W.

Guiana
Decree of 7 February 1924 for the application of Book II of the Labour Code,
sections 12-14.

Ditto.

w.

All wage paid employment.

W (natives).

Madagascar and Dependencies

Decree of 22 September 1925 to regulate
Native Labour, section 27.
Martinique
Decree of 12 February 1913 for the application of Book II of the Labour Code,
sections 12-14.

Works, factories, mines, pits, quar- W .
ries, yards, workshops and dependencies.

New Caledonia

Decree of 5 October 1927 for the application of Book II of the Labour Code,
sections 12-14.
Reunion
Decree of 22 May 1916 for the application
of Book II of the Labour Code, sections
12-14.

Ditto.

W

Ditto.

W.

133 —
E M P L O Y M E N T OF WOMEN AT NIGHT

the International Labour Organisation (continued)
Period when
employment
prohibited

Length
of
continuous
rest

10 p.m.-5 a.m.

11
hours

9 p.m.-5 a.m.

11
hours

8 p.m.-6 a.m.

11
hours

8 p.m.-6 a.m.

11
hours

9 p.m.-5 a.m.

9 p.m.-5 a.m.

11
hours

8 p.m.-6 a.m.

11
hours

8 p.m.-6 a.m.

11
hours

Exemptions permitted
Ratifications
Permanent

Temporary

In certain categories of
commercial undertakings specified by Orders.

(a) In industries specified by Order
of the Grand Vizier work may
be prolonged until 10 p.m. at
certain periods not more than
60 times a year, provided the
total hours do not exceed 12;
(b) In industries specified in the
same way general exceptions
may be made to the regulations on night work;
(c) In all industries in case of
stoppage due to accident or
force majeure : 15 nights a
year, or more if a permit is
granted;
(d) for urgent work the day may
be extended beyond 10 p.m.
on notifying the inspector;
(e) Temporary permits issued by
the Department of Labour.

(b) Berne Convention ; adhesion
on 5 July 1927.

Berne Convention ; adhesion 15
January 1910.

— 134 —
REGULATIONS

CONCERNING

THE

B. — Legislation of States Members oj
Scope of the regulations
National systems of legislation
Occupations covered

Adults covered

1. Industrial Code of 26 July 1900 amended
by the Act of 28 December 1908 and by
the Orders of 23 November and 17
December 1918, sections 134-139.

1. Industrial undertakings employing 10 or more workers.

2. Act of 23 November' 1928 concerning
night work-in bakeries.

2. Industrial bakeries
tioners' shops.

1. (a) Women workers;
(b) Workers and, employees of both sexes
under 18 years of
age.
2. M and W.

GERMANY

or confec-

GREAT BRITAIN
1. Factory andï-Workshop Act, 1901, sections 23-31, 41 and 49-50.

1. Factories and workshops.

2. Factory and Workshop Act, 1907.

2. Laundries.

3. Coal Mines Act, 1911, sections 91-92.

3. Mines.

4. Employment of Women, Young Persons
and Children Act, 1920.

4. As in the Washington Convention.

1, 2, 3 and 4. W.

BRITISH POSSESSIONS
Ceylon
Employment of Women, Y o u n g Persons
and Children Ordinance, N o . 6 of 1923,
section 4 .

As in Washington Convention.

W.

— 135 —
EMPLOYMENT OF WOMEN AT NIGHT

the International Labour Organisation (continued)
Period when
employment
prohibited

Length
of
continuous
rest

1. (a) and (b) 8 1. 11
p.m.-6 a.m. Sa- hours
turdays or eves
of holidays :
after 5 p.m.
2.10 p.m.-6 a.m.

Exemptions permitted
Ratifications
Permanent

1. By permit from the
Federal Government:
(a) In continuous process factories or those
in which work cannot be interrupted,
provided that the
day and night shifts
change over every
week and that the
hours of work do
not exceed ten;
(b) In work by shifts,
work may be continued up to 10 p.m.
provided that an
uninterrupted break
of 16 hours is granted.

Temporary

1. By permit from the adminis- Berne Convention : ratified
trative authorities :
1909.
(a) in case of accident or stoppage,
for 14 days (or 4 weeks or over
by permit from higher authorities) ;
(b) rush of work : up to 9 p.m. for
2 weeks (or 40-50 days by permit from higher authorities).
By permit from the Federal
Government :
(a) seasonal work : on 40 days a
year the rest period may be
reduced to 10 hours and work
continued from 5 a.m. to 10
p.m.;
(b) for handling perishable goods :
reduction of rest period to
8 y2 hours on 60 days in the
year.

1. (a) Textile in1. (a) In non-textile fac- 1. Work may be extended beyond (a) Berne Convention : ratified
dustries : 6
tories and workthe legal hours up to 14 hours
in 1908;
p,m.-6 a.m. or
shops work may be
a day including a 2-hour break
7 p.m.-7 a.m.
permitted by Order
on not more than 3 days a week (b) Washington
Convention :
(b) Non-textile
between 7 p.m. and
and 30 days a year in case ol a
registered 14
and workrush of work or for handling
9
p.m.
July 1921.
shops: 6 p.m.perishable goods, such as :
(b) In workshops the
6 a.m., 7 p.m.daily hours not ex- (a) cleaning and packing of fish ;
7 a.m. or 8
ceeding 12, includ- (b) cleaning and preparation of
p.m.-8 a.m.
ing breaks, may fall
fruit for preserving, from July
between 6 a.m and
to September, subject to condi2. Laundries : 7
tions
laid down by Order (at
p.m.-6 a.m., 8
10 p.m.
present work is permitted from
p.m.-7 a.m. or
4. In undertakings work6
a.m.
to 10 p.m.).
9 p.m.-8 a.m.
ing by shifts permis3.9 p.m.-5 a.m.
sion may be given by
(surface work
Order to work beonly).
tween 6 a.m. and 10
4.11
4. Cf. "Exempp.m.
provided that
hours
tions".
the average hours do
not exceed eight in
the day. Other conditions may be imposed.
(a) Berne Convention : adhesion
on 21 February 1908 fer
10 p.m. to 5 a.m.
11
As in Washington Convention
Ceylon, Fiji,
hours
Gibraltar,
Gold Coast,
Leeward Islands,
Northern Nigeria,
Trinidad
and Uganda;
(b) Washington
Co nvention
applied to Ceylon, Gold
Coast, Hong
Kong
(with
adaptations),
Malta, Gilbert
and Ellice
Islands, Solomon Islands
and Trinidad.

— 136 —
REGULATIONS CONCERNING THE

B. — Legislation of States Members of
Scope of t h e regulations
National systems of legislation
Occupations covered

Adults covered

Hong Kong
Notification No. 627 of 3 December 1929
u n d e r t h e E m p l o y m e n t of W o m e n ,
Y o u n g Persons a n d Children Ordinance,
section 2.

Industrial undertakings, including
those covered b y t h e Washingt o n Convention a n d t r a n s p o r t
b y road, rail or inland w a t e r w a y ,
docks a n d warehouses.

W.

Industrial establishments employing a t least 10 persons or using
mechanical power, building a n d
quarries.

W.

Industrial undertakings e m p l o y i n g
t e n or more persons.

W.

Industrial undertakings.

W.

1 a n d 2. Industrial or commercial
undertakings (even those in
which members of t h e same
family work).

1 and 2. W .

Malta
Factories Regulation Act, 1926, section 4.
Trinidad and Tobago
Ordinance No. 13 of 1912 relating t o t h e
employment of women a n d children i n
industrial u n d e r t a k i n g s .
British Mandated Territory in Palestine
Industrial Employment of W o m e n a n d
Children Ordinance No. 53 of 1927,
Regulation 9 .

GREECE
1. Act No. 4029 of 24 J a n u a r y - 6 F e b r u a r y
1912 concerning t h e work of women a n d
minors, sections 6-9.
2. R o y a l Decree of 14-27 August 1913 concerning the administration of Act N o .
4029. —
3 . R o y a l Decree of 25 September-8 October
1913 concerning t h e night w o r k of w o m e n
in fish preserving factories a n d workshops.
4. Act No. 2275 of 1 J u l y 1920 t o ratify t h e
Washington Convention.

3 . Specified undertakings.

GUATEMALA
L a b o u r Act of 30 April 1926, sections 25-26.

All wage employment.

Persons of both
under 18 years.

1. Industrial undertakings, buildings, mines, t r a n s p o r t , w a r e houses, postal, telegraph a n d
telephone services, etc.

1. W .

HUNGARY
1. Act No. "V of 12 J a n u a r y 1928 concerning t h e protection of women a n d children,
sections 12-15.
Bj
«'• -va»i{ig
2. Regulations of 30 D e c e m b e r 1930"for
t h e application of Act N o . V of 1928 o n
1 J u l y 1931 in general a n d on 1 J a n u a r y
1932 for the textile i n d u s t r y .
3 . Act No. X X V I I I of 1928 t o ratify t h e
Convention.

sexes

— 137 —
EMPLOYMENT OF WOMEN AT NIGHT

the International Labour Organisation (continued)
Period when
employment
prohibited

Length
of
continuous
rest

Exemptions permitted
Ratifications
Permanent

Temporary

—

(a) Seasonal undertakings : rest
period reduced to 10 hours on
60 days a year ;
(b) In case of stoppage of work by
accident ;
(c) For handling perishable goods.
Ditto.

10 p.m. to 6 a.m.

8 p.m. to 5 a.m.

10 p.m. to 5 a.m.

11
hours

10 p.m. to 5 a.m.

11
hours

2. 9 p.m. to 5 a.m. 2. 11
hours

7 p.m. to 7 a.m.

—

1.10 p.m. to 5 a.m. 1. 11
hours

—

Women over 15 years of
age in places of public
entertainment.

2, 3 and 4. (a) In case of nonrecurring accident : for 8 days
by permit from the police and
4 weeks by permit from the
Prefect;
(b) By Ministerial permit women
over 18 may be employed after
9 p.m. and before 5 a.m. for
handling perishable goods (at
present for fish preserving);
(c) In seasonal industries the rest
period may be reduced to 10
hours for 8 days by permit of
the police and for 4 weeks by
permit from the Prefect.

—

The Washington
Convention is
applied.

Washington Convention : registered 19 (November 1920.

—

1. Women over 18 years 1. Women over 18 : night work per- (a) Berne Convention : ratified
mitted :
employed in the transin 1908;
port and handling of (a) for handling perishable goods
goods.
in industries to be specified by (b) Washington
Convention :
Ministerial Order ;
registered 9
(b) in case of accident, non-recurApril 1928.
rent stoppage of work or epidemic ;
(c) in seasonal industries in exceptional circumstances, the rest
period may be reduced to 10
hours on 50 days in the year.

—

138 —

•
REGULATIONS CONCERNING THE
B. — Legislation of States Members of
Scope of t h e regulations

National systems of legislation
Adults covered

Occupations covered

INDIA
Factories Act of 1911 as a m e n d e d later
(text of 1 J u n e 1926), sections 24, 2 9 ,
32A, 51 and 56.

Factories employing 20 or more W (except those holding
persons, or 10 persons b y decipositions of supervision
sion of local governments (scope
or management or emauthorised b y Article 5 of t h e
ployed in a confidenWashington Convention).
tial capacity).

IRISH FREE STATE
As for Great Britain.

—

—

1 and 2. Factories, industrial workshops and annexes (i.e. all places
in which m a n u a l work of an
industrial n a t u r e is performed).

1 a n d 2. W (employed on
m a n u a l work as decided
b y t h e judicial a u t h o rities).

1. Factories in which 10 wage
earners are normally employed
a n d a n y work of a dangerous
or unhealthy kind.
2 and 3. Mines.

1, 2 and 3. W .

Undertaking specified.

W.

ITALY
1. Act ol 10 N o v e m b e r 1907 concerning
t h e employment of women a n d children,
sections 5 and 5a.
2. Legislative Decree N o . 748 of 15 March
1923 t o amend t h e Act of 1907.
3 . R o y a l Decree of 29 March 1923 t o give
effect t o the provisions of t h e Convention.

JAPAN
1. F a c t o r y Act No. 26 of 1911 as amended
b y Act No. 33 of 1923, sections 4, 7, 8
a n d 20.
2. Regulations concerning miners of 1916,
amended b y Order N o . 17 of 24 J u n e
1926, sections 7-11.
3 . Order No. 30 of 1 S e p t e m b e r 1928 t o
a m e n d t h e above R e g u l a t i o n s .

South Sea Islands
Regulations concerning t h e service of
skilled workmen a n d labourers in t h e
employment of t h e Mining Station of
t h e South Seas B u r e a u , of 1924, section
14.

— 139 —
EMPLOYMENT OF WOMEN AT NIGHT

the Intematwnal

Labour Organisation (continued)
Length
ot
continuous
rest

Permanent

Temporary

7 p.m. to 5.30
a.m. (subject to
modification by
decision of local
governments).

—

—

Local governments are empowered
to authorise exceptions :
(a) in case of urgent public necessity for such time as they
think fit ;
(b) for fish curing, to prevent deterioration.
In Madras permits are granted for
work up till 11 p.m. on not
more than 3 days a week and
54 days a year with an uninterrupted rest of at least 9 hours.

Washington Convention : registered 14 July
1921.

—

—

—

—

Washington Convention : registered 4 September 1925.

Period when
employment
prohibited

Exemptions permitted
Ratifications

1 and 2. (a) In case of force majeure (a) Berne Convention : adhesion
due to interruption in the work
29 December
which could not be foreseen
1909;
and is not recurrent (no permit
required);
(b) By permit in seasonal industries (b) Washington
for handling perishable goods
Convention :
(permits granted for fish curing,
registered 10
tomato preserving, the manuApril 1923.
facture of auto-desiccative
elastic capsules and work with
silk cocoons) ;
(c) For climatic reasons, the nightly rest may be reduced to 10
hours, with compensation by
day, at the suggestion of the
Provincial Public Health Council.

1 and 2. 10 p.m. 1 and 2
to 5 a.m.
11
hours

1,2 and 3.10 p.m.
to 5 a.m.

5 p.m. to 6 a.m.

1. Up to 11 p.m. by permit of the administrative authorities.
2. In work by shifts
(until 31 August 1933
only).
3. In work by shifts up
to 11 p.m., and up to
midnight at the surface, subject to certain conditions concerning breaks and a
monthly rest.

1. (a) In case of /orce majeure due
to a calamity or imminent
disaster;
(b) For women over 16 years in
case of necessity due to unavoidable circumstances (without permit up to 4 days or for
7 days a month ; beyond that
by permit);
(c) For handling perishable goods
(permits as above).
3. (a) In case of a disaster, imminent
or actual;
(b) In case of urgent necessity,
permits may be granted for
a limited period.

— 140 —
REGULATIONS CONCERNING THE
B. — Legislation of States Members cf
Scope of t h e regulations
National systems of legislation
Occupations covered

Adults covered

1. Act of 24 March 1922 concerning hours
of work, amended by Act of 26 April
1924, section 13.

1. Private, public a n d State undertakings a n d establishments, excluding agricultural workers,
persons employed on board ship,
domestic servants, persons employed in hospitals or law
courts, teachers, police, prison
staff a n d t r a n s p o r t workers

1. M and W (manual wage
earners).

2. Act of 17 March 1925, prohibiting night
work in bakeries.

2. Bakers' and pastrycooks' establishments a n d biscuit factories.

2 . M and W .

1. Act of 1895, sections 106 t o 126 of t h e
former Imperial Russian Code.

1. Industry (cf. col. "Period when
employment prohibited").

1. W .

2. Labour Inspection Act of 14 N o v e m b e r
1924, section 8.

Ditto.

3. Act. N o . 1236 of 28 N o v e m b e r 1924
concerning public holidays a n d rest
d a y s , section 12, as a m e n d e d b y Act
N o . 2247 of 1930.

3. Chiefly domestic servants.

3 . Female domestic servants engaged for one
month orover.

4. Act of 6 November 1926
bakeries.

4. Bakeries.

4 . M and W .

1. I n d u s t r y as defined in t h e 1906
Convention.

1 a n d 3. W .

LATVIA

LITHUANIA

concerning

LUXEMBURG
1. Act of 3 August 1907 t o ratify t h e Berne
Convention.
2. Order of 10 December 1907 p r o m u l g a t ing t h e Berne Convention.
3. Act of 5 March 1928 to ratify t h e Washington Convention.

3. As in t h e 1919 Convention ; t h e
line of division between industry,
commerce a n d agriculture is left
to t h e decision of t h e law courts.

MEXICO
Federal Labour Act of 18 August 1931,
sections 68 a n d 76.

All undertakings.

W.

— 141 —
EMPLOYMENT OF WOMEN AT N I G H T

the International Labour Organisation (continued)
Period when
employment
prohibited

Length
of
continuous
rest

1. Night defined
as 10 p.m. to 6
a.m.

2. 8 p.m. to 4 a.m.

—

Exemptions permitted
Ratifications
Permanent

1. (a) For night work
by shifts, 48 hours
at most in any
period of three
weeks *
(b) Other ' establishments : 6 hours a
night or 36 hours a
week.
2. (a) 5 nights a year
before public holidays ;
(b) in case of accident
or
catastrophe,
when a permit is
obtained.

1.10 p.m. to 4
1. By permit in urgent
a.m. for work
cases.
in two shifts ;
9 p.m. to 5 a.m.
in the textile
industry.
1 and 2. The lab- 3. Nine
our inspectors hours
may extend the
at
prohibition
least
from 9 p.m. to
5 a.m. to other
industries.
4.10 p.m. to 6
a.m.

1 and 3.10 p.m. to 1 and 3. 1 and 2. As in the Berne
Convention.
5 a.m.
11
hours

8 p.m. to 6 a.m.

—

—

Temporary

—

—

Washington Convention : registered 19 June
1931.

—

1 and 2. As in the Berne Convention. 1. Berne Convention : ratified
1908.
2. Washington
Convention :
registered
16
April 1928.
3. As in the Washington Convention.

—

—

— 142 —
REGULATIONS

CONCERNING

THE

B. — Legislation of States Members of
Scope of t h e regulations
National systems of legislation
Occupations covered

Adults covered

NETHERLANDS
1. L a b o u r Act of 1919, sections 2 4 , 25-30,
33-35, 47 and 62.

1. (a) industrial undertakings (factories and workshops) ;
(b) bakeries ;
(e) shops ;
(dj cafés and hotels.

1. (a), (b), (c) and
2. M a n d W .

(d).

2 . Mines Regulations of 1906, a m e n d e d by
Orders of 9 F e b r u a r y 1917 and 7 October
1922.

2. Mines a n d mining industries.

2 . E m p l o y m e n t of women
prohibited.

DUTCH EAST INDIES
1. Order No. 13 of 17 December 1925 concerning t h e employment of women and
children a t night.
2. Regulations of 28 December 1925.

and 2. Factories, i.e. enclosed
rooms where power machines are
used ; workplaces employing 10
or more persons ; building, t r a n s port, loading and unloading, not
including h a n d transport.

1 and 2. W .

NEW ZEALAND
1. Factories Act N o . 42 of 1921, sections
18, 20-23, 57 a n d 67.

1. Factories, including bakeries a n d
laundries.

2. Shops a n d Offices Act, sections 40.

2. R e s t a u r a n t s only.

1. (a) Factories a n d bakeries : W .
(b) Laundries : M and W.
2. Girls a n d women employed in restaurants.

NORWAY
1. W o r k e r s ' Protection Act of 18 September
1915, sections 24, 27, 51 a n d 57.

1 and 2. Factories, quarries, mines,
crafts, building.

2 . Act of 11 J u l y 1919, amending tKe above
Act.
3 . Act of 24 April 1906 concerning bakeries.

3. Bakeries.

1 a n d 3 . M and W .

— 143 —
EMPLOYMENT OF WOMEN AT NIGHT

the International Labour Organisation (continued)
Period when
employment
prohibited

1. (a) 6 p.m. to 7
a.m.
(b) 8 p.m. to 6
a.m. (except
on Saturday
and Monday).
(c) 11 p.m. to 6
a.m.

Length
of
continuous
rest

—

1. (a) 6 p.m. to 8
a.m.
(b) 7 p.m. to 7.45
a.m.

—

After
p.m.

Ratifications
Permanent

1 (a) 1. (a) Industry : formen
only there are variW. 11
ous exemptions for
hours
the whole night.
(e) M
For women work
andW.
may be permitted
11
after 6 p.m. and
hours
before 7 a.m., but
never between 10
(d) M
p.m. and 5 a.m.,
and W.
for certain prepa10
ratory, maintenance
hours
or repair work;
(b) Bakeries : exemptions for men only;
(c) Shops :
exemptions for men engaged in supervision.

1. 8 p.m. to 5 a.m.

2.

Exemptions permitted

1 and 2. Employment at
night is permitted in
sugar factories (during the sugar season),
in fibre and cassava
meal factories, in oil
works and in salt
works. The employment of women in an
advanced state of
pregnancy is prohibited.

10.30

1. 9 p.m. to 6 a.m.
3. 8 p.m. to 6 a.m.

1 and 2. For men and
women over 18
years :
(a) 10 hours a week, or
by permit of the
authorities 15 hours
up to a maximum of
30 hours in 4 weeks;
( b) By permit from the
Government for economic reasons and
in industries where
night work is customary ;
(cj For
watchmen,
lamplighters
and
persons engaged in
the collection of
milk in condensed
milk factories.

Temporary

(a) Industry : women over 21 1. (a) Berne Convention ratiyears may be employed in
fied 1908;
spacing herrings on drying
rods up to midnight from ( b) Washington
Convention :
1 October to 15 March and up
registered
4
to 2 a.m. from 15 March to 1
September
June.
1922.

1 and 2. By permit, for specified The Washington
Convention is
periods in the manufacture of
applied
with
tea or tobacco, rice husking,
adaptations.
kapok cleaning, firework factories and batik factories. Conditions to be determined.

1. (a) In factories, by permit of
the factory inspector, work may
begin at 7 a.m. for a stipulated
period, or overtime may be authorised;
(b) In laundries, exemptions from
the prohibition during stipulated
hours may be permitted by the
inspector for a certain period
provided that 25 percent above
the normal wage is paid.

1. (a) By permit from the inspector for six weeks at most in seasonal industries, in case of accident or unforeseen necessity or
for handling perishable goods.
Without permit for four days
at most.

—

— 144 —
REGULATIONS CONCERNING THE

B — Legislation of States Members of
Scope of t h e regulations
N a t i o n a l systems of legislation
Occupations covered

Adults covered

PANAMA
Act N o . 6 of 1914, t o regulate t h e work of
commercial employees, sections 10 and
11 (Administrative Code, sections 1088
a n d 1089).

Commerce.

M and W.

PARAGUAY

—
PERU
1. Act No. 2851 of 23 November 1918 concerning t h e employment of women and
children, sections 6 a n d 26.
2, Administrative Regulations of 25 J u n e
1921 u n d e r the above Act, section 13.

1 and 2. All work, except t h a t b y
m e m b e r s of t h e same family,
domestic service a n d agricult u r a l work when no machinery
is employed.

1. W .

1 a n d 2. Industrial a n d mining
undertakings,
communications
a n d t r a n s p o r t ; commerce a n d
offices.

1. W.

Industrial undertakings ; hotel industry.

w.

POLAND
1. Act of 2 J u l y 1924 concerning t h e employment of women and young persons,
sections 13, 14, 17 a n d 20.
2. Order of 17 November 1924 for
application of t h e above Act.

the

3. Act of 18 December 1919 concerning
hours of work, sections 6 and 1 1 .

PORTUGAL
Decree No. 14498 of 29 October 1927 concerning t h e employment of women and
children, sections 8 a n d 9.

— 145 —
EMPLOYMENT OF WOMEN AT NIGHT

the International Labour Organisation
Period when
employment
prohibited

9 p.m. to 5 a.m.

Length
of
continuous
rest

—

(continued)
Exemptions permitted
Ratifications

Permanent

Temporary

In exempted trades (articles of prime necessity, station bookstalls, etc.).
Sales
must be made only
by male workers.

—

Ratification proposed.

_

Ratification recommended.

—

1. 8 p.m. to 7 a.m.

—

1. Women over 18 : in
places
of
public
amusement.
1 and 2. Night work in
hospital services for
eight hours a night
at most, by permit
from the competent
administration.

1. Work in a sin- 1. 11
gle shift :8 p.m. hours
to 6 a.m. Work
in 2 shifts : 10
p.m. to 5 a.m.
3. fa} For work of public utility, meeting
the daily needs of the
population (maintenance of water supply,
light, means of communication, work in
pharmacies, restaurants, baths and theatres) excluding work
in productive or manufacturing industries.

May to October :
8 p.m. to 6 a.m.;
other months 8
p.m. to 7 a.m.

—

—

Berne
Conven1. For women over 18 :
tion : adhesion
(a) in case of catastrophes, acci14 January
dents actual or threatened, or
1921.
to prevent the loss of materials
or damage to machinery ;
(b) for handling highly perishable
goods, by permit from the
inspectorate ;
(c) in seasonal industries or for
special needs the rest period
may be reduced to 10 hours
on not more than 60 days a
year by permit.

By permit, provided 10 hours' consecutive rest at least is granted
and for a period of not more
than 6 hours including one or
more breaks :
(a) in case of stoppage due to accident ;
(b) for handling highly perishable
goods ;
(c) in hotels, restaurants, and similar establishments, up to 10
p.m.

Washington Convention : ratification proposed.

— 146 —
REGULATIONS

CONCERNING

THE

B. — Legislation of States Members of
Scope of the regulations
National systems of legislation
Occupations covered

Adults covered

RUMANIA
Industrial undertakings, excluding
family
undertakings,
except
when classified as dangerous o r
unhealthy.
Commercial undertakings of every
kind.

W.

Commercial undertakings.

W.

1. Mines and Works Act No. 12 of 1911,
section 8.

1. Mines.

1 and 2. W .

2. Factories Act No. 28 of Í918, section 15.

2. Factories
employing
(excluding
formation
electricity
wer).

3 . Industrial Conciliation Act N o . 11 of
1924.

3 and 4. The Committees a n d Councils set up under these Acts m a y
propose regulations concerning
industries not covered b y t h e
Factories Act.

Act of 9 April 1928 concerning t h e employm e n t of young persons and w o m e n , sections 15 t o 17.

SALVADOR
Act concerning t h e protection of commercial employees, 31 May 1927, section 2.
SOUTH AFRICA

4 . Wages Act No. 27 of 1925.

with machinery or
three or more persons
t h e production, t r a n s a n d transmission of
or other motive po-,

SPAIN

1. Legislative Decree of 15 August 1927
concerning t h e nightly rest for w o m e n .
2 . Administrative Regulations of
tember 1927.

6 Sep-

1 and 2. Factories, workshops and 1. W.
other industrial works a n d establishments.
Commercial establishments (domestic service a n d home work
are expressly excluded).

— 147 —
EMPLOYMENT OF WOMEN AT NIGHT

the International Labour Organisation (continued)
Period when
employment
prohibited

10 p.m. to 6 a.m.

6 p.m. to 5 a.m.

Length
of
continuous
rest '

11
hours

Exemptions permitted
Ratifications
Permanent

Temporary

The Minister may, with
the approval of the
Supreme Labour
Council :
(a) change the nightly
rest when conditions of climate or
work require it ;
(b) permit, under certain conditions, the
continuation of work
after 10 p.m. for
women employed in
restaurants, cafés,
pastrycooks', confectioners' shops,
hotels, theatres and
cinemas.

By permit of the Minister of the
inspectorate :

1 and 2. 6 p.m. to
7 a.m.

1. 9 p.m. to 5 a.m. 1. 12
Work by shifts: hours
9.30 p.m. to
4.30 a.m. or 10
p.m. to 5 a.m.

(b) for handling highly perishable
goods ;
(c) in seasonal industries and in
exceptional circumstances the
rest period may be reduced to
ten hours on 60 days a year (on
seven days on notice being
given).

_

—

—

(a) in case of force majeure due to
unforeseen and non-recurrent
stoppage ;

—

1 and 2. (a) In hospital
establishments,
every second night
or four hours every
night between 9
p.m. and 5 a.m.
( b) In public communication and transport services, places
of entertainment
and commercial
undertakings such
as pharmacies, hotels, restaurants,
public houses, tobacconists' shops,
etc. : 4 hours' work
between 9 p.m. and
5 a.m.

Washington Convention : registered 13 June
1921.

—

1 and 2. By permit from the Minis- Washington Convention : registry the prohibited period may
tered 1 Novembe reduced to 9 p.m. to 5 a.m.
ber 1921.
(in practice, in industries handling perishable goods).

1 and 2. (a) In case of force majeure
causing a stoppage impossible
to foresee;
(b) In agricultural industries and
for handling perishable goods,
when permission has been
granted uniformly to undertakings of the same kind throughout each district;
(c) In special circumstances the
rest period may be reduced to
11 hours 60 times a year by
permit and with the consent of
the organisations concerned;
(d) To make up for time lost on
public holidays the rest period
may be reduced to 11% hours.

— 148 —
REGULATIONS CONCERNING THE

B. — Legislation of States Members of
Scope of the regulations
National systems of legislation
Occupation covered

Adults covered

SWEDEN

1. Act of 20 November 1909 as amended
by Act of 18 October 1912 prohibiting
the night work of women in industry.

1. Factories, industries, mines and
foundries employing more than
10 workers.

1. W.

3. Manufacture of bakers' and pastrycooks' produce.

3. M and W.

2. Decrees of 9 June and 11 August 1911
specifying exceptions.
3. Act of 4 June 1926 prohibiting night
work in bakeries.

SWITZERLAND

1. Federal Factories Act of 18 June 1914
amended on 27 June 1919, sections 47,
65 and 66.
Federal Act of 31 March 1922 concerning
the employment of young persons and
women in industry, sections 3 and 4.
3. Order of 3 October 1919 amended on 7
September 1923 for the application of
the Factories Act, sections 140, 143,147
and 150.
4. Order of 15 June 1923 under the Act
concerning the employment of young
persons and women.

1 and 3. Industrial undertakings 1. (a) In principle,
and W.
employing several workers away
from their homes, either on the
premises or outside on work
connected with the factory :
(a) undertakings with 5 or more
workers using motive power ;
(b) undertakings with 6 workers (b) In all cases, W.
not using motors but having
one worker under 18 years of
age;
(c) undertakings not using motors
and not employing young persons but employing 11 or more
workers ;
(d) all industrial undertakings classified as dangerous.
2 and 4. Industrial undertakings 2. W.
and undertakings in the arts
and crafts, whether public or
private, which are not covered
by the Factories Act ; in particular, all categories of undertakings included in the scope
of the Washington Convention.
1 and 3. Family undertakings are
explicitly excluded, as well as
those in agriculture, commerce
and the hotel industry.

M

— 149 —
EMPLOYMENT OF WOMEN AT NIGHT

the International Labour Organisation
Period when
employment
prohibited

1. 10 p.m.-5 a.m.

Length
ol
continuous
rest

(continued)
Exemptions permitted
Ratifications

Permanent

11

hours

3. Various exemptions
for men and women.

3. 8 p.m.-6 a.m.

Temporary

Conven1. (a) In case of accidents leading Berne
tion : adhered
to a stoppage of work, for one
week on giving notice and for
14
January
one month by permit from the
1910.
supervisory authorities ; for
4 months by permit from the
Royal Office of Social Affairs;
(b) In seasonal industries and exceptional circumstances the rest
period may be reduced to 10
hours 60 times a year;
(c) For handling perishable goods
in industries determined by
Royal Decree.
2. These industries are : preserving
of fruit and vegetables from
July to September (change of
shift every week) ; salting of
herrings from 15 August to 15
November.

1. (a) & p.m. to 5 1. (b)
11
a.m. m summer ; 8 p.m.- hours
6 a.m. in winter;
(b) 10 p.m.-5 a.m.;
Saturday 2
p.m.

2. 10 p.m.- 5 a.m.

2. 11
hours

1 and 3. (a) For men, in
case of necessity,
during the whole
night by permit and
subject to certain
conditions;
{bj For women, permits
may be granted to
change the hours of
work, particularly
when two shifts are
working, provided
that a break oí 11
consecutive hours
including the period
from 10 p.m. to 5
a.m. is always granted.

1 and 3. Factories : the Cantonal (a) Berne ConvenGovernment may authorise a
tion : ratified
reduction of the nightly rest to
in 1908.
10 hours 50 times a year. For
dealing with perishable goods (b) Washington
the Federal Council may proConvention :
long such permits.
registered 9
October 1922.
2 and 4. Arts and crafts : the prohibition of night work may be
suspended for women over 18
years of age :
fa) in case of force majeure resulting from a stoppage in work
which could not be foreseen and
is not recurrent ;
(b) for handling highly perishable
goods.
A permit can be granted for 10
nights by the local authority
or for longer by the Cantonal
Authority.
A reduction of the nightly rest to
10 hours may be permitted by
the Cantonal Government in
undertakings subject to seasonal influences or in exceptional circumstances.
The Federal Council may permit
other exceptions when required
in the public interest or prescribed by international' Conventions.

.

— 150 —
REGULATIONS CONCERNING THE

B. — Legislation of States Members of
Scope of the regulations
National systems of legislation
Occupations covered

Adults covered

URUGUAY

Act of 19 March 1918 concerning bakeries.

Bakeries, macaroni factories, confectioners' and similar establishments.

M and W.

VENEZUELA

Labour Act of 23 July 1928, section 14.

Industrial and mining undertakings ; W.
commercial, agricultural, stockbreeding and other undertakings.

YUGOSLAVIA

Workers' Protection Act of 28 February
1922, sections 8, 17 and 18.

Industrial undertakings and indus- W.
trial crafts, mines, transport and
other undertakings employing
wage earners, whether public or
private, permanent or temporary,
main or branch establishments,
as well as works attached to an
agricultural or forestry undertaking.
Commercial undertakings.
Family undertakings exempted.

— 151 —
EMPLOYMENT

OF W O M E N

AT

NIGHT

the International Labour Organisation
Period when
employment
prohibited

Length
of
continuous
rest

(continued)
Exemptions permitted
Ratifications

Permanent

Temporary

9 p.m.-5 a.m.

Washington Convention : Approved b y the
Chamber and
submitted to
the Senate.

i p.m.- 6 a.m.

10 p.m.-5 a.m.

11
hours

(a) In case of force majeure to save
t h e undertaking from an u n foreseen danger or p r e v e n t
serious loss ;
(b) for handling perishable goods
not m o r e t h a n 30 times a y e a r ;
(c) in case of absolute necessity in
t h e interests of t h e State, b y
decision of the Minister.

Washington Convention : registered 1 April
1927.

REGULATIONS

CONCERNING

THE

EMPLOYMENT

OF WOMEN A

C. — Legislation of States not Members of the International Labour O
Scope of t h e regulations
Adults covered

Period when
employment
prohibited

—

—

National systems of legislation
Occupations covered 3

COSTA

Le
co
u
r

RICA

(Cf. Convention of 1923.)

ECUADOR
Act of 6 October 1928 concerning t h e employment of women a n d children, section 6.

All work except domestic
service.

w,

7 p.m.-6 a.m.

UNITED STATES OF AMERICA

—

Cf. United States D e p a r t m e n t of Labour :
Bulletin of the Women's Bureau, No. 64 :
" The E m p l o y m e n t of Women a t N i g h t " ,
1928, a n d

—

—

—

Bulletin of the Women's Bureau, No. 63 :
" State Laws Affecting Working W o men " , 1927, Ch. V I I : Night Work
Laws for W o m e n Workers.

U.S.S.R.
Code of Labour Laws, 1922, sections 130
and 131.

1

All work.

(a) W in
general ;
(bj pregnant
women a n d
nursing mothers.

(a)

Night (not
defined) i ;
( b) Absolute prohibition
in
all cases.

—

According to section 96 of the Code concerning remuneration for night work, night work is taken to mean all wor

CHAPTER VI
T H E E M P L O Y M E N T OF W O M E N ON D A N G E R O U S ,
UNHEALTHY AND HEAVY WORK

GENERAL

CHARACTERISTICS

AND

CAUSES

OF

RISK

The protection of the health of workers against occupational
risks is a complex problem arising in new forms every day, and
t h e diversity of t h e risks is very great. There is the risk of
accident due t o the employment of high-powered machinery
working a t a very high speed, as well as t h e risk of accident
due t o the environment in which t h e work is performed (falling
earth or stones, falls from a height, etc.). There is t h e risk of
bodily injury slowly b u t surely provoked by such factors as
an abnormal attitude, maintained over a long period, t h e
carrying of loads which may cause anatomical deformation or
t h e displacement of certain internal organs, the action of certain harmful substances on the skin, or of irritating dust on
t h e pulmonary organs. In addition, there is t h e risk of slow
or rapid poisoning due to handling toxic substances, etc.
Not only are these risks extremely varied, b u t they are also
subject to perpetual evolution. The creation or transformation
of an industry, the introduction of a new m a n u f a c t u r i n g
process and similar changes are constantly bringing t o light
new risks, the fatal effects of which m a y not be revealed until
some time has elapsed. On the other hand, t h e improvement
of industrial methods and the introduction of safety devices,
better ventilation in workshops and strict rules for collective
and individual hygiene can do much t o mitigate t h e harmful
effects of operations previously considered as being dangerous
or unhealthy. Legislative action in t h e field of t h e prevention
of occupational risks is therefore difficult, for it is far from easy
to make laws which will meet all t h e complex facts and t o
a d a p t them to t h e constant changes which occur. This difficulty

— 154 —
is particularly serious in t h e case of international regulations,
which m u s t of necessity be of a definitely stable character.
Consequently, notwithstanding the importance of industrial
hygiene and safety for the well-being of the workers, international agreements on t h e subject are rare and affect merely
a few aspects of t h e problem.
This same complexity in t h e regulations and their liability
to change make it difficult to analyse systematically this branch
of labour legislation. Moreover, t h e regulations vary extremely
from one c o u n t r y t o another, as a result chiefly of the great
variety of industrial processes employed and the more or less
serious risks which these processes involve in different countries
according to t h e degree of technical progress.
As a rule, all workers are exposed t o occupational risks,
a n d for this reason m a n y systems of regulation for avoiding
or mitigating such risks are applicable to all workers — men,
women and children. This is t h e case, for example, in t h e Berne
International Convention of 1906, one of the first two international agreements in the industrial sphere concerning the
use of white phosphorus in t h e manufacture of matches.
The same is t r u e of the various decisions of the International Labour Conference concerning the safety of workers
(Recommendations of 1929 concerning t h e prevention of accidents, and concerning responsibility for the protection of
power-driven machinery ; Convention of 1929 concerning the
protection of workers employed in loading or unloading ships
and Recommendations on t h e same subject) or the decisions
taken with regard t o workmen's compensation for accidents
or occupational diseases (Convention of 1921 concerning
workman's compensation in agriculture ; Convention and
Recommendations of 1925 concerning workmen's compensation in general ; Convention of 1925 concerning compensation
for occupational diseases).
I t has even happened t h a t the International Labour Conference, when dealing with a question on t h e agenda referring
solely t o the protection of women and young persons, finally
decided t o g r a n t general protection for all workers ; this was
t h e question of t h e employment of women on unhealthy processes
dealt with by t h e Conference a t its First Session in 1919, when
a Recommendation was adopted concerning the establishment
of Government h e a l t h services in every country t o protect the
health of the workers, and t h e same occurred in regard to a

— 155 -—
Recommendation for t h e prevention of anthrax, designating
disinfection of wool suspected of containing anthrax spores as
a positive protective measure beneficial to all workers.
A great number of national safety regulations, particularly
those dealing with t h e use of safety devices for preventing
accidents or the application of hygiene measures in u n h e a l t h y
operations, also apply to the industries in question as a whole,
irrespective of the sex of the workers employed.
B u t there are also international or national regulations for
protecting t h e health of workers against occupational risks
which deal only with t h e employment on dangerous, u n h e a l t h y
or heavy work of certain given categories of workers — either
women, or women, children and young persons, or children
only. The present study will be confined to regulations affecting
women, leaving out of account these affecting adult male workers. There are several reasons for t h e existence of such special
regulations.
In seeking to explain the existence of special regulations
concerning heavy work, or even certain types of dangerous
work, it should be remembered t h a t the female organism is,
in the great majority of individuals, weaker physically t h a n
t h e male organism, and consequently less able to resist a
considerable muscular effort, so t h a t it may be found desirable
t o safeguard women workers against a physical effort which
would be unduly great for t h e strength of the average w o m a n
a n d would therefore be likely to lead t o bodily injury or accident,
although the average man could make the same effort without
t h e same risk or danger.
Special regulations concerning unhealthy work are based
on the fact that, in the opinion of many experts, t h e female
organism has proved t o be more sensitive t h a n t h e male organism
to the action of industrial poisons. There is no need t o summarise here the scientific studies carried out on this subject,
since a detailed analysis, with references to t h e works which
may be consulted, has been given in another publication 1.
The unassailable basis for such special regulations is t h e
fact of maternity, and this was the sole argument p u t forward
by the International Labour Conference when striving t o obtain
adoption of regulations concerning t h e employment of women
1
INTERNATIONAL LABOUR OFFICE : Occupation and Health, No. 152,
" Women's Work ", and No. 255, " Occupational Poisonings "..

— 156 —
in industrial work which might prove harmful t o their health l.
As a m a t t e r of fact, industrial poisons, similar to bodily
injuries caused by strain, have more serious consequences for
women because their effects on t h e organism m a y endanger,
often even after a considerable lapse of time, normal delivery
in future confinements. Industrial poisoning such as t h a t due
t o lead m a y h a v e far-reaching and baneful effects in this connection ; similarly, deformation of the pelvis in the case of
young girls or uterine displacement caused by carrying heavy
loads m a y h a v e as baneful effects on the future generation as
direct injury caused t o the organism of the mother engaged
on heavy work during pregnancy. Consequently, it is not merely
during t h e period of maternity b u t throughout t h e whole of
her preceding occupational life t h a t t h e woman must be protected against such risks, b o t h for her own sake a n d for t h a t
of her children.
T o these scientific reasons, based on the systematic study
of the physiological effects of certain work, m u s t doubtless be
added a sentimental reason — the repugnance of those responsible for protective labour legislation to t h e idea of leaving
women (who h a d been only too obviously exploited during the
early period of t h e industrial era, in t h e absence of all restrictions) exposed to the sufferings connected with accidents or
occupational diseases, sufferings which are particularly acute
in the case of a delicate organism and which could not fail to
arouse t h e special s y m p a t h y of those who paused to consider.
t h e all-important and intricate function of maternity. On this
point, therefore, instinctive feeling and medical science coincide.
The legislator has also in certain instances been influenced
b y considerations of expediency. I t would certainly be desirable
t o extend t o all wage earners certain of the protective measures
so far a d o p t e d only for women, and there is no doubt t h a t
t h e ultimate aim must be the abolition of all occupational
risks for all workers. I n many cases, however, the adoption of
general regulations would m e a n ruin for some industries. For
instance, where no substitute products are available which are

1
The Recommendation concerning the protection of women and children against lead poisoning opens with the phrase : "The General Conference
recommends to t h e Members of the International Labour Organisation
that, in virtue [of the danger involved to the function of maternity . . .
women . . . be excluded from employment in the following processes. . . "

— 157 —
equally suitable, as was the case with white phosphorus, it is
often inevitable a t a certain stage of industrial evolution t o
tolerate provisionally the use of certain substances which are
harmful to those who handle t h e m . I n face of stubborn resistance t o the total prohibition of the harmful product, a n d in
t h e hope t h a t |fresh technical progress would later lead to its suppression, the legislator has h a d t o be content with restricting
t h e evil consequences and prohibiting t h e employment on such
work of individuals for whom t h e risk is more frequent or more
serious ; for the reasons mentioned above, this group includes
women. Examples of such a method can be found in t h e international systems of regulation.
Finally, m a n y of the provisions of t h e multifarious systems
of national legislation can be explained only in the light of
deep-rooted psychological a n d social causes which cannot here
be analysed in detail. The conception which a given people
has of the position of women, t h e degree of development of t h e
activity of women and t h e degree of occupational training
which women normally attain (which makes t h e m more or less
able t o perform industrial work without particular danger)
will all be reflected in the legislation of t h a t country, so t h a t
where the occupational employment of women is still in a
rudimentary stage and where women have little training, it
will be found t h a t their employment is prohibited in a great
number of industrial occupations in which they commonly
engage in other countries.

INTERNATIONAL SYSTEMS OF R E G U L A T I O N

On two of the points mentioned, some fragments of a n international system of regulation referring specially t o t h e employment of women may be met with : with regard to their employment on unhealthy processes and their employment on t h a t
form of heavy work known as forced labour.
Unhealthy

Processes

On two occasions the Conference took decisions for t h e
purpose of preventing occupational poisoning in t h e case of
women : a t its First Session (Washington 1919) and a t its Third
Session (Geneva 1921).

— 158 —
I n 1919 t h e International Labour Conference had on its
agenda t h e question of the employment of women and children
on unhealthy processes. After a long discussion, in t h e course
of which it proved impossible to arrive a t a Convention on
account of t h e great diversity of t h e regulations already existing
in various States Members and t h e necessity for considerable
elasticity in regulations of this type, which require t o be constantly adjusted to meet the changing needs of industrial technique, t h e Conference adopted a Recommendation for the
protection of women a n d children against one of the most
serious of industrial poisons, lead poisoning. In t h a t Recommendation it s t a t e d t h a t " in view of t h e danger involved t o
the function of maternity " t h e Conference recommended
members of t h e International Labour Organisation to prohibit
the employment of women 1 in t h e following processes :
(a) In furnace work in the reduction of zinc or lead ores.
(b) In the manipulation, treatment, or reduction of ashes containing
lead and in the desilverizing of lead.
(c) In melting lead or old zinc on a large scale.
(d) In the manufacture of solder or alloys containing more than 10
per cent, of lead.
(e) In the manufacture of litharge, massicot, red lead, white lead,
orange lead, or sulphate, Chromate or silicate (frit), of lead.
(f) In mixing and pasting in the manufacture or repair of electric
accumulators.
(g) In the cleaning of workrooms where the above processes are
carried on.
I t is further recommended t h a t the employment of women
and young persons under the age of eighteen years in processes
involving t h e use of lead compounds be permitted only subject
t o t h e following conditions :
(a) Locally applied exhaust ventilation, so as to remove dust and
fumes at the point of origin.
(b) Cleanliness of tools and workrooms.
(c) Notification to Government authorities of all cases of lead poisoning and compensation therefor.
(d) Periodic medical examination of the persons employed in such
processes.

1

The same provisions apply to young persons, but this aspect of the
Recommendation does not fall within the scope of this report.

— 159 —
(e)

Provision of sufficient and suitable cloakroom, washing, and
mess-room accommodation, and special protective clothing.
(f) Prohibition of bringing food or drink into workrooms.
F u r t h e r — and this clause shows t h e intention of the Conference t o promote general protection for all workers against lead
poisoning, as had already been done against phosphorus poisoning as technical progress permitted — the Conference recommended t h a t " in industries where soluble lead compounds
could be replaced b y non-toxic substances, the use of soluble
lead compounds should be strictly regulated ". I t is obvious
t h a t the intention of t h e Conference was t o invite States, as
soon as technical progress permitted, to prohibit entirely t h e
employment of harmful substances which might cause lead
poisoning.
I n 1921 the Conference with this intention again resumed
t h e study of the problem of lead poisoning within the limited
framework of t h e use of white lead in painting.
The Draft Convention which was finally adopted on this
subject could not, however, contain as far-reaching provisions
as those of t h e Berne Convention on White Phosphorus. The
use of white lead is prohibited in t h e internal painting of buildings, except for certain special categories of work where great
resistance is necessary. I t was n o t possible a t t h a t date t o reach
an agreement for the complete suppression of the use of white
lead, b u t in view of the study carried out in 1919, which had
brought to light the greater liability of women t o lead poisoning
and the serious consequences of such poisoning on m a t e r n i t y ,
there was inserted in Article 3 of t h e Convention a clause prohibiting the employment of women on industrial painting
involving the use of white lead, sulphate of lead or other
products containing these pigments.
The Convention on white lead had by J u l y 1931 been
ratified b y nineteen States : Austria, Belgium, Bulgaria, Chile,
Cuba, Czechoslovakia, Estonia, Finland, France, Greece, H u n gary (conditionally), Latvia, Luxemburg, Norway, Poland,
Rumania, Spain, Sweden and Yugoslavia.
Moreover, various provisions of national legislation, whether
previous or subsequent to t h e Recommendation of 1919, are
in harmony with the provisions of t h e Recommendation for
t h e protection of women against lead poisoning ; these will
be analysed in the section dealing with national legislation.

— 160 —
Forced

Labour

The question of forced labour was studied by t h e International L a b o u r Conference a t its Twelfth Session (1929) and
a t its F o u r t e e n t h Session (1930), when a Draft Convention was
adopted.
The Conference arrived a t the conclusion t h a t it was n o t
immediately possible to suppress forced labour completely,
and t h a t for a transition period certain forms of forced labour,
subject t o definite reservations, might be allowed t o continue,
but it determined t h a t women, a t any rate, should immediately
be rendered e x e m p t from this compulsion. Article 11 of t h e
Draft Convention states t h a t " only adult able-bodied males
who are of a n apparent age of not less t h a n eighteen and n o t
more t h a n forty-five years m a y be called upon for forced or
compulsory labour ".
N A T I O N A L LEGISLATION

I t is very difficult to draw exact lines of demarcation between
the three categories of work specially regulated in t h e case of
women, for m a n y industrial operations are both unhealthy a n d
dangerous (e.g. t h e manufacture of certain harmful, explosive
or inflammable products), or dangerous and heavy (e.g. work
on loading and unloading) or again, all three terms might apply,
as in t h e case of underground work in mines, where t h e workers
are exposed a t one and the same time t o the risk of occupational
diseases, t o general decay of t h e organism due to abnormal
conditions of life (absence of sunlight, occasionally very high
temperature, inadequate ventilation, dusty atmosphere, etc.),
a high accident risk (explosions, falling earth, etc.) and t h e risk
of p r e m a t u r e exhaustion, since the majority of the operations
involved are generally extremely arduous (hewing, excavating,
carrying or dragging heavy loads, etc.).
The distinctions which have here been drawn between these
different t y p e s of work m u s t therefore be considered as very
fluid. As t h e methods of regulation are often the same for
various types of work, it will be convenient to deal first of
all with these processes as a whole.
The principle t h a t special regulations should be adopted
for the protection of women engaged on dangerous, unhealthy
and heavy work, and t h e powers conferred in view thereof, are

— 161 —
frequently embodied in t h e general provisions of a Labour Code
or of some special Act for t h e protection of workers in general.
Such fundamental provisions are met with in t h e legislation
of a great number of countries, even although t h e general
characteristics of such legislation may be very different. The
extent t o which these fundamental principles have been applied
varies greatly in different cases. I t is left t o t h e competent a u t h o rity, in virtue of t h e powers conferred upon it, to issue regulations determining t h e industries, or industrial operations, t o
which special regulations concerning t h e employment of women
should apply, and t o decide whether there shall be complete
prohibition or merely employment subject t o reservations.
Examples of this type can be found in the following legislations :
Denmark : Factories Act of 29 April 1913 (section 23) ; France : Labour
Code, Book II (section 72) ; Germany : Industrial Code (section 139a);
Great Britain: Factory Act of 1901 (section 79) ; Guatemala: Labour
Act of 30 April 1926 (section 28) ; Latvia: Hours of Work Act of 24
March 1922 (section 12) ; Netherlands : Labour Act, 1919 (section 10) ;
Sweden: Workers' Protection Act of 29 June 1912 (section 21);
Switzerland: Factories Act of 18 June 1914 (section 65) and Act on
Arts and Crafts of 31 March 1922 concerning the employment of
women and children (section 8) ; Turkey: Public Health Act of 24 April
1930 (section 179) ; U.S.S.R. : Code of Labour Laws of 1922 (section
129) ; Yugoslavia: Workers' Protection Act of 28 February 1922
(section 33), etc.
Such general provisions are also sometimes met with in t h e
special legislation on t h e employment of women or on t h e
employment of women and children.
For example, in Bolivia: Decree of 21 September 1929 (section 4
and 7) ; Hungary: Act of 12 January 1928 (section 7) ; Italy: Consolidated text of the Act concerning the employment of women and
children (section 4) ; Peru: Act No. 2851 of 23 November 1918 (section
12); Portugal: Decree No. 14498 of 29 March 1927 (section 22) ;
Rumania : Act of 9 April 1928 (sections 19-20), etc.
'• There is often a special procedure for t h e issue of regulations
t o apply this principle, and in some cases the question has
first of all to be submitted to an advisory body.
In France, for example, according to section 185 of Book II of the
Labour Code, the public administrative regulations necessary for the
application of provisions concerning the employment of women and
children are not issued until the Superior Labour Committee and the
Advisory Committee on Arts and Manufactures have been consulted.
In Great Britain a uniform procedure is adopted for all regulations on

— 162 —
industrial hygiene and safety, which are issued separately for different
industries : the Secretary of State must first of all publish a notice
explaining the proposed regulations ; objections may then be submitted by any parties affected, and the Secretary of State must take
account of all reasonable objections and may direct a public enquiry
to be held before finally making the proposed regulations (section 80
of the Factory Act).
I n Italy, the consolidated text of the Act of 1907 concerning the
employment of women and children stipulates that the operations to
be prohibited for children and for women under age as being dangerous
or unduly arduous will be defined by Royal Decree after consultation
with the Supreme Health Council, the Council for Industry and Commerce and the Supreme Labour Council ; these last two bodies have
now been abolished and their functions are carried out by the National
Council of Corporations set up by Royal Decree of 2 July 1926.
In Denmark the mechanism for ensuring the expediency of such
regulations is somewhat different and comes into force after the regulations have been published, in the form of a right of appeal. Section
23 of the Factories Act explains the procedure as follows : "When in
the opinion of the labour and factory inspection department certain
classes of work mentioned above are specially laborious or prejudicial
to health, or of such a nature that the carelessness of one worker may
endanger the other workers, the Labour Council may decide that there
shall be an increase in the age limits as far as this class of work is
concerned, or it may prohibit
women workers from
taking part in the same. Should any person feel dissatisfied with
such a decision, appeal may be made to the Minister of the Interior."
Provisions restricting t h e employment of women in industries considered as unhealthy, dangerous or arduous are also
sometimes directly incorporated in a legislative enactment.
This is particularly the case in regard to special legislation concerning women's work (e.g. Argentina, Act of 30 September 1924 ;
Ecuador, Act of 6 October 1928 ; Estonia, Act of 20 May 1924 ; etc.),
but similar provisions may be met with in general Acts, as for instance,
in the Chinese Factory Act of 30 December 1929 (section 7), the New
Zealand Factories Act of 1921-22 (section 27), the Indian Act of 1922
supplementing the Factories Act of 1911 (section 19 B), etc.
I n m a n y cases also t h e list of operations on which t h e employm e n t of women is prohibited in the basic Act is merely a minim u m which is further supplemented by administrative regulations.
In Argentina, for example, the minimum schedule contained in
the basic Act of 1924, which applies to all the territories of the Republic,
is supplemented by additional schedules in administrative regulations,
such as those of 28 May 1925 for the Capital, of 9 June 1925 for the
Federal Territories, of 16 May 1927 for the Province of Corrientes,
etc. The administrative machinery used in this country to facilitate

— 163 —
the necessary adaptation of the regulations to changes in industrial
technique is worthy of note. The administrative Decrees for the Capital
and for the Federal Territories provide that : "Additions may be made
to the above schedule at the request of the administrative authorities
for each of the territories if new industrial processes are introduced
which must be classified as unhealthy. Total or partial exemption
from the above prohibitions may be granted on the application of the
manufacturers, subject to the approval of the National Department
of Public Health, in cases where it is shown that the introduction of
new manufacturing processes or the adoption of preventive measures
has caused the industry to cease to be dangerous or unhealthy".
The special regulations concerning employment on unhealthy, dangerous or heavy work m a y not apply t o all women
workers but m a y be restricted to certain categories. I n some
> countries t h e age of t h e woman is taken into consideration.
I t is not p a r t of t h e object of this report t o analyse provisions
concerning young persons or children, although t h e employment of girls on dangerous, unhealthy or arduous tasks is often
prohibited u p to a later age t h a n in the case of boys, y e t reference may be made to various countries which have special
regulations for the employment of women under twenty-one
years of age.
In Belgium the Acts concerning the employment of women and
children co-ordinated by the Decree of 28 February 1919 contain a
provision (section 4) giving the necessary powers "to prohibit the ememployment . . . of girls or women under twenty-one years of age
on any work which exceeds their strength, or which is liable to
prove dangerous to them . . . or to sanction such employment for a
certain number of hours per day for a certain number of days and under
certain conditions". The regulations on this point have to be made by
Royal Order after consultation with the competent department of
the Industrial and Labour Councils, the Public Health Council and
the Superior Labour Council (section 15) ; consequently all the Orders
issued under this Act to restrict the employment of women on dangerous and unhealthy operations apply solely to women under twentyone years of age : Orders of 19 February and 5 August 1895, amended
by the Order of 3 May 1926 concerning various industries (chemical
industries, treatment of rubber with carbon solvents, carrotting of
hare and rabbit skins and certain heavy operations in the textile
industry) ; Order of 20 November 1906 concerning the loading and
unloading of ships, prohibiting the handling of cranes and work at
the bottom of the hold ; Order of 22 February 1930 prohibiting the
sorting of undried bones for the manufacture of glue and gelatine. The
sole exception to this rule is the Order of 31 October 1928 concerning employment on lead painting which, in accordance with Article
3 of the international Convention, prohibits the employment of women
of any age on painting work with paint of which lead salts form the
basis.
Similarly women under age only are affected by regulations relative to employment in unhealthy trades in Spain, by the Decree of 25

— 164 —
January 1908 ; b u t in Sfain as in Belgium the handling of lead paints
is prohibited for women, irrespective of their age, in accordance with
the Convention, by the Decree of 19 February 1926.
In Italy" also the Act concerning the employment of women and
children (section 4 of the consolidated text promulgated by Decree
No. 818 of 10 November 1907) and the administrative regulations of
6 August 1916 (section 49) deal only with the employment of women
under age on unhealthy and dangerous processes. On the other hand,
the Industrial Health Regulations of 14 April 1927 concerning the
carrying of heavy loads (section 39) apply to women of any age.
In Finland, the prohibition of the employment of women on the
loading and unloading of ships, introduced by the Act of 28 March
1930, refers only to women under twenty-one years of age.
I n some cases there are special regulations for t h e employment of p r e g n a n t women or nursing mothers on unhealthy or
heavy work.
In Norway, for example, while powers are given to adopt stricter
protective measures in certain special cases, the Act of 18 September
1915 merely provides, in the ease of women, that the restrictions may
be rendered more severe or that the employment of pregnant women
in certain undertakings may even be completely prohibited. Orders
have therefore been issued to prohibit the employment of pregnant
women on certain industrial operations which may cause lead or
mercury poisoning (in pottery manufacture, enamel works, silvering
work, lead foundries, etc.). In the U.S.S.R. the employment of
pregnant women and nursing mothers has been prohibited in certain
classes of unhealthy or heavy work, such as the fulling and rinsing
of wool in cold water (Order No. 236 /339 of 22 May" 1924), wood
floating (Order No. 144/733 of 12 April 1923), strenuous agricultural
work (Order of 24 July 1925, section 14), compulsory labour (Order of
8 April 1925, section 80), etc.
Other laws have vaguer provisions prohibiting quite generally the
employment of pregnant women and sometimes also of nursing
mothers on arduous tasks which may be harmful in view of their
condition. In Turkey, for example, such a provision will be found in
the Public Health Act of 24 April 1930 (section 177), in Venezuela
in the Labour Act of 23 July 1928 (section 17), etc.
It is quite common for exemption from heavy work in the case of
pregnant women or nursing mothers to be stipulated in regulations
concerning agricultural work. Similar provisions may also be found
in certain systems of legislation regulating native labour, particularly
indentured labour. These have already been dealt with in the chapter
on maternity protection.
Finally, it may happen that regulations are more strictly enforced
as regards the employment of married women on heavy or unhealthy
work than is the case with regard to unmarried women in view of
possible effects on maternity.
An example of this is provided by legislation in t h e Netherlands : sections 49, 50 and 52 of the Order of 10 August 1920
in pursuance of section 10 of t h e Labour Act, which lays down

— 165 —
very detailed regulations for t h e employment of women on
dangerous, unhealthy or heavy work, prohibits t h e employment
of married women on certain operations which are t h o u g h t t o
be particularly harmful : glazing biscuit ware with a glaze
containing lead, handling recently varnished objects or cleaning
instruments used for varnishing, or wheeling loaded barrows
in brickyards.
There are two distinct methods of regulating this question :
complete prohibition of employment on certain operations 'or
special conditions governing such employment. Many countries
use t h e two methods concurrently ; others, such as Switzerland,
have adopted t h e restrictive method only.
Among the countries which have made the most extensive use of
the second method may be cited the Netherlands : the Order of 10
August 1920 lays down a great number of special preventive and
health measures concerning the employment of women. The condi-'
tions of employment thus prescribed will be briefly analysed as regards
each of the groups of harmful operations in question.
Unhealthy

Processes

The chief industrial poisons with regard t o which the employm e n t of women has been restricted are lead, mercury, phosphorus and arsenic.
Lead poisoning has special attention from legislators. When
t h e Washington Conference 1 met, preventive regulations against
lead poisoning, prohibiting t h e employment of women on
industrial operations which were considered particularly harmful,
existed in the following countries among others : Argentina (for
t h e capital), Australia (for t h e States of South Australia and
Tasmania), Canada (for the Provinces of Alberta and Ontario),
Czechoslovakia, France, Germany, Great Britain, Italy (for women
under age), Japan, Netherlands, Norway (for pregnant women),
Poland, South Africa, Spain, Switzerland,
United States of
America (for t h e States of Pennsylvania and New Jersey) and
Yugoslavia.
Since t h a t date m a n y of these States have supplemented these regulations.
Reference may be made, for instance, to the Act of 1924 in Argentina
which applies to all the territories of the Republic, and the Regulations
of 1925 and 1927 for different districts ; the three Orders of 8 March
1
Cf. in particular the Report on the employment of women and children
prepared by the Organising Committee of the International Labour Conference, Washington, 1919, Report III, Part 2.

— 166 —
1923 in Austria concerning the handling of lead and lead compounds ;
the French Decrees of 24 September 1926 and 8 April 1930 concerning
unhealthy tasks prohibited for women ; the German Order of 27 May
1930 concerning white lead; the Order of 10 August 1920 in the
Netherlands in pursuance of section 10 of the Factories Act ; the Polish
Act of 2 July 1924 concerning the employment of women (section 4)
and the Decree of 30 June 1927 concerning lead compounds (section 3).
Other States Members of t h e International Labour Organisation which would seem t o have had no regulations of this
kind in 1919 have also taken definite steps t o deal with this
form of poisoning.
The following are examples : the State of Victoria, in Australia,
by Regulations of 12 November 1928 concerning white lead ; Bolivia,
by Decree of 21 September 1929 concerning the protection of women
and children, and Administrative Regulations (section 17) ; Belgium,
by the Order of 31 October 1928 concerning white lead ; Estonia, by
the Act of 20 May 1924 concerning the employment of women, young
persons and children (section 4) ; the following French Possessions :
Morocco, by Decree of 21 January 1927 concerning unhealthy tasks
prohibited for women and children ; Martinique, by Order of 20 June
1927 on the same subject ; Reunion, by Order of 16 December 1924
concerning health and safety, and appended schedules A and C ; India,
by the Act of 1922 to amend the Factories Act ; Japan, by the Order
No. 13 of 7 June 1926 under the Factories Act (sections 6, VI and VII,
and 7) ; New Zealand, by the Factories Act of 1921-1922 (section 27) ;
Portugal, by Decree No. 14535 of 1927 in pursuance of Decree No. 14498
concerning the employment of women and children, etc.
Moreover, t h e t o t a l prohibition of t h e employment of women
in operations involving a serious risk of poisoning has been
adopted by various other countries since 1919 : e.g. Rumania,
Switzerland, etc. Certain States not Members of t h e Organisation
have also enacted similar measures.
An example can be found in the U.S.S.R., which has very strict.
regulations on the employment of women in unhealthy industries and
which has further prohibited their employment in operations which
night cause lead poisoning (schedule appended to the Decree No.
277/403 of 30 October 1925, supplemented by Order No. 177 of
17 May 1930).
Special measures concerning women have also been frequently a d o p t e d for t h e prevention of poisoning by mercury,
arsenic and phosphorus. W i t h regard t o phosphorus poisoning,
it was pointed out above t h a t t h e first steps t o combat it were
taken on a general basis, since t h e Berne Convention of 1906
prohibited t h e use of white phosphorus in the manufacture of

— 167 —
matches and consequently protected all workers, irrespective
of their sex. B y October 1930 this Convention had been ratified
b y 29 States, which is quite a high figure b u t does n o t cover t h e
whole world. Moreover, the Convention suppresses only one of
t h e uses of white phosphorus, so t h a t quite a number of countries
which, like France, had already ratified, or which, like Portugal,
had not, have prohibited t h e employment of women on t h e
manufacture of white phosphorus so as t o ensure their protection against t h e risk of poisoning.
I n addition to these four i m p o r t a n t sources of poison, on
t h e subject of which numerous regulations have been issued,
there are other risks involved in the handling of certain chemicals ; regulations are often adopted concerning undustrial
operations involving manufacture or use of the following
substances : Chromium, chlorides, tin salts, sulphuric, oxalic,
nitric, picric, hydrochloric and other acids, carbon disulphide,
benzene and its homologues, nitro- and amido-derivatives, tar,
pitch, etc.
I n a few countries the distillation of n a p h t h a , benzene,
creosote and alcohol is also included among prohibited operations.
The employment of women is also sometimes prohibited
for certain industrial operations where harmful products have
t o be handled, such as work in potteries or in enamel factories.
I n unhealthy industries like those using slaughter-house refuse,
flaying animals or preparing animal manure, glue, gelatine, etc.,
the employment of women is frequently prohibited for certain
operations. The same holds good, in some countries, for industrial processes where there is a danger of infection, as for example, rag cutting or shredding.
I n a great number of countries also women
employed on industrial operations where dust
which though unlikely to give rise t o poisoning
might cause irritation of the tissues : for example,
a n d polishing a n d metal polishing, whether with
other processes.

m a y n o t be
is given off
or infection
glass cutting
emery or b y

Work in unhealthy atmospheric conditions (for example
a t a very high or a very low temperature) might also be classified among unhealthy operations.
Regulation may here be effected either by fixing a minimum or

— 168 —
maximum temperature *, as was done in the Netherlands by the Decree
of 10 August 1920 (section 10), or by prohibiting certain operations,
such as work at the furnace mouth in glass works or metal foundries
and the transport of incandescent substances, as has been done in
Argentina, Germany, U.S.S.R., etc.
A p a r t from t h e prohibition of t h e employment of women
on certain u n h e a l t h y operations some countries have, as was
mentioned, imposed special reservations for other types of
employment. These v a r y considerably, and t h e following m a y be
noted as examples : prescription of a minimum air space for
certain operations, proportionate t o t h e danger involved in the
operation ; ventilation appliances for withdrawal of emanations
of harmful gas, fumes and dust ; cooling a p p a r a t u s or appliances for screening h e a t sources ; appliances for withdrawal of
waste water in operations where large quantities of w a t e r are
required or for reducing t h e atmospheric humidity when materials have t o be handled in a moist state, as in t h e spinning of
certain fibres ; provision of protective clothing and of washing
accommodation a d e q u a t e t o ensure immediate attention to personal cleanliness ; satisfactory hygienic conditions in the premises ; prohibiting t h e taking of meals in workplaces, etc. O t h e r
legislative provisions deal with special lighting for workshops
in which women are employed, so as t o protect their eyesight,
(e.g. in Bolivia a n d t h e Netherlands).
Reference m a y be made t o a m e t h o d adopted by some
countries, which require a certificate of health before permitting
the employment of women in certain u n h e a l t h y industries.
This system has been adopted in the Netherlands, for instance)
along with other more general conditions (air space, ventilation, etc.,
for regulating the employment of women in a great number of operations in the chemical industry, in printing and other work where lead
has to be handled, and in certain operations where noxious dust is given
off : grinding, lime slaking, manufacture of peat litter, manufacture
of briquettes, manufacture of cotton wool, cleaning of feathers, kapok,
etc., certain operations in the tobacco industry where tobacco is
treated in a dry condition, and certain operations in the textile
industry (Order of 10 August 1920, section 35).

1
It is not only industrial operations that may be regulated in this
respect; there are also provisions concerning commerce. In France, for
example, the Decree of 21 June 1913 prohibits the employment of women
of all ages on counters outside shops when the temperature is below zero^

— 169 —
Dangerous

Processes

I t is often difficult to make a distinction between dangerous
processes and the unhealthy processes referred to above, because
m a n y industrial operations are b o t h unhealthy and dangerous,
so t h a t the regulations concerning t h e m have the double aim
of protecting women workers against t h e risk of accident and
t h a t of disease. At the same time there are cases in which t h e
accident risk is perfectly distinct.
A m o n g t h e dangerous processes on which the employment
of wo men is frequently forbidden m a y be mentioned the oiling,
cleaning and repair of machinery and transmission gear when
in motion, t h e fitting of transmission belts and work in t h e
immediate neighbourhood of such machinery. Regulations of
this t y p e can be found in most countries, although with considerable variations in different countries.
T h e handling of hoisting appliances is also frequently
prohibited : for example, in t h e Australian and South American
States ; in most other countries t h e prohibition is restricted
t o work with cranes or other hoisting appliances used for loading
or unloading heavy objects.
I n addition to these general regulations there are a great
number dealing with a variety of special operations : handling
of explosive and inflammable substances, handling of high
tension electric wires, work on scaffolding in t h e building t r a d e ,
work with circular saws, the handling of heavy materials, and
work as stokers or engineers.
I n this case again special safety measures m a y be prescribed
in place of total prohibition. I t is obvious t h a t t h e necessity
for considering these tasks as dangerous in the case of women is
t o a great extent due to t h e n a t u r e of women's clothing a n d t h e
fear t h a t their loose garments m a y be caught by t h e moving
machinery. F o r these reasons women are frequently permitted
t o perform dangerous tasks which in principle are prohibited
provided they adopt suitable clothing.
This is the case in Denmark, where the Factories Act (section 16)
specifies that women shall not be permitted to clean or repair machinery which is in movement unless they wear clothes which do not
appear to involve greater danger than those of men and do not wear
their hair hanging down.
The legislation of other States, such as certain States of Australia
(Victoria, Factories and Shops Act of 1915 ; Western Australia,
Factories and Shops Act of 1920) and several Canadian Provinces

— 170 —
(Alberta, Factories Act of 1926 ; Ontario, Factory, Shop and Office
Building Act ; New Brunswick, Factories Act of 1919 ; Quebec, Regulations under the Industrial Establishments Act ; Saskatchewan,
Factories Act of 1920) and a few other countries (Regulations of 10
August 1920 in the Netherlands, sections 7 and 8), while prohibiting
most dangerous operations such as the repair of machinery when in
motion, makes it compulsory for women employed near dangerous
machines to wear their hair short or dressed close to the head, and_ t o
wear close-fitting clothing.
There is a n o t h e r safety measure which is also frequently
applied in workshops where women are employed ; t h e covering
of dangerous p a r t s of machines by protective devices. Clauses
t o this effect m a y be found in French legislation (Decree of
21 March 1914, section 2), in t h e legislation of the Netherlands
(Order of 10 August 1920, section 8), etc.
Similarly, instead of prohibiting work on scaffoldings in the
building trade, some countries make it compulsory t o provide
supports and other safety devices on scaffolding where women
are to work (e.g. Netherlands Regulations already cited, section 8D).
Heavy

Work

The laws prohibiting t h e employment of women on h e a v y
work do not always clearly define what is meant by this t e r m .
Often there is a general prohibition of the employment of women
on work exceeding their strength (e.g. Chile: Act No. 4053 of 8 September 1924 concerning the contract of employment, section 32),
or on work unsuited to their physical constitution (Latvia : Act of 24
March, 1922, section 12), or on work unsuitable to their sex (Administrative Code of Panama, section 1035). Sometimes general provisions of this kind are contained in regulations on agricultural work
or in colonial legislation on the work to be performed by native
workers, who are more hable to be forced into performing unduly
strenuous tasks. Examples may be found in the Order of 25 October
1927 on the protection of workers in Indo-China (section 83), and the
Labour Code for the Portuguese colonies published on 6 December 1928
(section 347 (2). The absence of such regulations should not however
always be interpreted as meaning that native women workers are
not protected against such employment. The habits of the country
may make it unnecessary to specify in legislation that their employment is prohibited.
As a general rule t h e types of heavy work on which women
m a y not be employed are scheduled in administrative regulations. I n addition t o those already mentioned in t h e category
of u n h e a l t h y or dangerous operations (e.g. work in a high

— 171 —
t e m p e r a t u r e , as in foundries or t h e t r a n s p o r t of incandescent
materials), others which are frequently prohibited are t h e carrying or moving of heavy loads, underground work or sometimes
even mining work of any kind, as well as forced labour in
colonial territories.
Carrying of

Weights.

The problem of t h e carrying of weights is one which affects
all workers in certain occupations a n d n o t merely women
workers. I t was for this reason t h a t t h e workers' organisations
concerned several times requested t h e International L a b o u r
Office to study this problem. B u t t h e information collected 3
shows that, for the reasons mentioned above, t h e legislation on
t h e subject, which is not very a b u n d a n t , deals particularly
with women workers.
There are various means of regulating this question. F o r
instance, women m a y be forbidden in general t o carry or move
heavy loads, the actual weight not being specified. On ¡the
other h a n d a m a x i m u m legal weight for loads t o be carried or
moved in any way may be laid down, or t h e employment of
women may be forbidden in certain types of heavy work consisting wholly or partially in t h e carrying of weights.
General provisions prohibiting the carrying of heavy weights by
women will be found in the Decree of 10 August 1920 in the Netherlands
{section 1), which states that : "A young person or a woman shall not
be employed in lifting, pulling, pushing, carrying or in any other way
moving loads if the said employment either obviously or in the opinion
of the chief of the district demands too great an exertion on his or her
strength or is dangerous to his or her health for any other reason". In
this case the fixing of the maximum weight is left to the discretion of
the responsible official. A less definite regulation is contained in the
Administrative Order of 3 October 1919 under the Swiss Factories
Act (section 183 (11) which prohibits, without further definition, the
employment of women on work consisting in lifting, carrying or moving
heavy loads.
When the legislation fixes a maximum weight for loads to be lifted
or moved this maximum may apply in the case of men only (e.g. Chile,
Act No. 2915 of 9 February 1923) because the employment of women
on heavy work is prohibited in that country (cf. above) or for various
categories of workers, such as men, women and young persons (e.g.
Great Britain) or women, young persons and children (e.g. France and
Italy) or merely children and young persons (e.g. Greece, Hong Kong
and Spain).
1
Cf. summary of this information in the International Labour Review.
Vol. XX, No. 3, Sept. 1929, pp. 397-407 : "The Maximum Weight of Loads ".

— 172 —
The countries which have a legal maximum for adult women are :
France (Decree of 28 December, 1909 as amended by Decree of 26
October 1912) ; Morocco (Order of 25 December 1926) ; Martinique
(Order of 20 June 1927) ; Great Britain (Regulations No. 1463 of 18
November 1926 for the textile industry only) ; Italy (Royal Decree
No. 530 of 14 April 1927, section 39) ; United States (States of California, Ohio, Pennsylvania and New York) ; and U.S.S.R. (Order of
4 March 1921 as amended by Order of 4 March 1924).
French legislation contains the most definite regulations, for it
fixes exactly the maximum weights not only for carrying but also for
hauling and pushing by means of various vehicles.
The limits laid down for adult women workers differ considerably
from one country to another. In the case of carrying, for instance,
where a maximum is most often laid down, the weight for adult women
in France and the French possessions referred to above is 25 kg. (about
55 lb.) ; in Great Britain 65 lb. for loads consisting of a compact and
rigid body and 50 lb. in other cases ; in Italy 20 kg. and in the U.S.S.R.
4 kg. for continuous transport and 16 kg. for occasional transport.
A few countries have also fixed a special m a x i m u m for t h e
carrying of loads by women under age.
The Industrial Code of 1920 in South Australia (section 347) and
the Factories and Shops Act of 1928 in Victoria (section 207) fix the
maximum weight of loads at 25 lb. for girls under eighteen and twenty
years respectively. In Bolivia, according to the administrative regulations under the Decree concerning the employment of women and
children of 21 September 1929 (sections 19 and 20), the maximum
weight which may be carried by women of from sixteen to twenty
years is 10 kg.
France, Great Britain and Italy fix not only the weights which
may be carried by adult women, but also the maximum for women
under age which is lower than for young men. In France the maximum
for young women of sixteen to seventeen years of age is 10 kg., as compared with 20kg. for men of the same age; in Great Britain, in accordance
with the law referred to it is 50 lb. for women under eighteen as against
65 for men of sixteen to eighteen, or 40 lb. as against 50 in the case
of loads which are not rigid. In Italy the maximum for persons of
fifteen to seventeen years is 15 kg. in the case of girls and 25 in the
case of boys ; if they are under fifteen the figure is 5 kg. for girls and
15 for boys.
A few countries have simply prohibited the employment of
women on certain industrial operations involving t h e carrying
of heavy loads.
In Germany, for example, section 154 of the Industrial Code prohibits the employment of women on mining work at the surface for
the transport and loading of materials. Moreover, Orders issued in
virtue of the powers granted by the Federal Council (section 139a of
the Industrial Code) forbid the employment of women on other work
involving the carrying of loads, such as the transport of building

— 173 —
material of all kinds, work in quarries and various other operations.
In Great Britain also and in many other countries women are not
allowed to engage in transport work at the pithead of mines.
The work of loading and unloading ships, as well as similar work
with cranes or derricks and work in quarries are prohibited for women
by the Act of 30 September 1924 in Argentina (section 10). The
changes which have been made in Argentine legislation on this subject
are worthy of note. In pursuance of the Act of 1907 concerning the
employment of women and children, regulations were issued in 1913
laying down the maximum loads to be carried or transported by
women or young persons ; but it seems that the Act of 1907 and the
regulations under it applied only to the capital. They were repealed
by the Act of 1924, which applies to the whole Republic and does not
fix any maximum weight but merely specifies what types of heavy
work are prohibited, including carrying operations mentioned above.
Provisions concerning exclusion of women from loading and
unloading of heavy objects are found in many other legislations,
either for women of all ages (Ecuador : Act of 6 October 1928, section 8 ;
Peru: Regulations of 25 June 1921, section 17), or for minors (Finland:
Act of 28 March 1930).
The carrying of weights m a y sometimes be specially prohibited in the case of pregnant women.
In Portugal, for instance, such a prohibition exists in the Regulations of 31 October 1927 concerning the employment of women and
children (section 12a) and in Italy in the Decree of 14 April 1927 (section 39) as from the sixth month of pregnancy.
Underground

Work

One of the oldest provisions of labour legislation is t h a t
prohibiting t h e employment of women on underground work,
more especially in deep mines where a variety of risks exist
over and above the fatigue and danger of extracting heavy
substances from the earth. A century ago, when there was still
no labour legislation, the fact of women being employed underground in mines roused the indignation of all enlightened protagonists of t h e movement in favour of protective legislation
for t h e workers. For a t t h a t time women, half naked on account
of the excessive temperature, in badly ventilated galleries and
under conditions of degrading promiscuity, were employed on
t h e most poorly paid and most unpleasant tasks, such as t h e
carrying and hauling of coal in low narrow galleries where it
was easier for women to move t h a n for men. I t was in this
field t h a t the labour legislation movement achieved its first
triumph.

— 174 —
In Great Britain an Act prohibiting the employment of women
underground in mines was adopted as early as 1842. In Austria the
Mining Act of 1854 empowered the supervisory authorities to take
such steps as they thought desirable in this connection. In 1874 France
also prohibited the employment of women underground, and the example was followed by Luxemburg in 1876, Germany in 1878, etc.
The prohibition of t h e employment of women underground
in mines is moreover one of t h e most current of legislative provisions.
Complete prohibition is stipulated in the following laws : Argentina: Act of 30 September 1924 concerning the employment of women
(section 116) ; Australia: New South Wales : Coal Mines Regulation
Act, No. 37 of 1912 (section 4) and Mines Inspection Act, 1901 (section 26 (1) ; Queensland : Mines Regulation Act, 1910-1920 (section
32 (3) ; and Coal Mining Act, 1925 (section 79 (3) ; South Australia :
Mines and Works Inspection Act, 1920 (section 17) ; Tasmania :
Mines and Works Regulation Act, 1915 (section 29) ; Victoria : Mines
Act, 1929 (sections 403 and 409) ; Western Australia : Coal Mines
Regulation Act, 1902 (section 5), and Mines Regulation Act No. 36
of 1906 amended by Act No. 53 of 1915 (section 43) ; Australian Mandated Territory of New Guinea : Mining Ordinance, 1928 (section 153
(1) ; Austria : Act of 28 July 1919 concerning the employment of young
persons and women (section 1 (3) ; Belgium : Acts concerning mines,
pits and quarries, consolidated by Order of 15 September 1919 (section
54) ; Bulgaria: Workers' Safety Act No. 25 of 5-18 April 1917 (section
15 (2) ; Canada: Alberta : Mines Act, 1922, chap. 190 (section 6 (5) ;
British Columbia : Coal Mines Regulation Act, 1924, chap. 171 (section
4), and Metalliferous Mines Regulation Act, chap. 172 (section 31 (15) ;
Ontario : Mining Act, 1930 (section 154) ; Quebec : Mining Act, 1925,
chap. 80 (section 147) ; Saskatchewan : Mines Act, 1917 (section 10) ;
Chile: Act No. 4053 of 8 September 1924 concerning the contract of
employment (section 32) ; China : Regulations concerning the prevention of accidents to miners, No. 308 of 5 May 1923 (section 8) ;
Czechoslovakia: Act of 19 December 1918 concerning the eight-hour
day (section 11 (2) ; Estonia: Act of 20 May 1924 concerning the employment of women and children (section 9) ; France: Labour Code,
Book II (section 55) ; Algeria : ibid., by Decree of 15 January 1921 ;
Morocco : Dahir of 13 July 1926 (section 20) ; Tunis : Decree of 15 June
1910 (section 12) ; Guiana : Decree of 7 February 1924 (section 15) ;
New Caledonia : Decree of 5 October 1927 (section 15) ; Germany:
Industrial Code (section 154a) ; Great Britain: Coal Mines Act, 1911
(section 91), and Metalliferous Mines Regulation Act, 1872 (section 4) ;
British Guiana : Mining Regulations, 1931 (section 113) ; Federated
Malay States : Mining Enactment Rules No. 19 of 1928 (section 20) ;
Gold Coast : Mining Rights Regulations, chap. 107 of 1928 (section 110
(2) ; British Mandated Territory of Tanganyika : Mining (Safe Working)
Regulations of 1930 (section 62) ; Greece: Act No. 4029 of 24 January6 February 1912 concerning the employment of women (section 12) ;
Irish Free State: legislation of Great Britain concerning mines is
enforced ; Italy : consolidated text of the Act concerning the employment of women of 10 November 1907 (section 1) ; Luxemburg: Order
of 26 April 1930 concerning mines, pits and quarries (section 199) ;

— 175 —
Netherlands: Mining Regulations of 1906 (section 233 (1) ; Dutch East
Indies : Mining Inspection Regulations of 3 September 1930 (section
171) ; Newfoundland: Regulation of Mines, 1916, chap. 131 (section 19);
New Zealand : Coal Mines Act, 1925 (section 66), and Mining Act, 1926
(section 256) ; Nicaragua: Mining Code of 19 February 1906 (section
112) ; Norway: Workers' Protection Act of 18 September 1915 (section
19) ; Peru: Act of 25 November 1918 concerning the employment of
women (section 12), and Regulations of the Mining Police of 15 March
1929 (section 122) ; Poland: Act of 2 July 1924 concerning the employment of young persons and women (section 12) ; Portugal : Decree
No. 14498 of 29 October 1927 (section 10) ; Rumania: Act of 9 April
1928 concerning the protection of young persons and women (section
19) ; South Africa : Mines and Works Act No. 12 of 1911 (section
8) ; Spain: Act of 27 December 1910 concerning hours of work in
mines (section 4) ; Sweden: Workers' Protection Act of 29 June 1912
(section 18) ; Venezuela : Labour Act of 23 July 1928 (section 15 (2).
Some of the legislation referred to above prohibits the employment
of women at the surface as well as underground in mining work
(Western Australia and British Columbia in the case of coal mines ;
Neio South Wales, Victoria, Alberta, Ontario, Quebec, Saskatchewan,
New Zealand and Peru for all mines), or at least on particularly arduous
operation (Austria, Bulgaria, China, Germany, Great Britain, etc.).
Underground work in mines for women under age only is forbidden
by the Regulations of 1930 concerning the employment of women in
Bolivia (section 16 (1) and by the Labour Act of 30 April 1926 (section
27) in Guatemala.
In Hungary the legislation empowers the mining authorities t o
issue regulations concerning the conditions of employment of women
in mines, taking account of their physical strength (Mines Act of 23
May 1854, section 200, and Act No. V of 1928 for the protection of
women and children, section 7). These authorities have issued regulations which have practically done away with the employment of
women underground in all Hungarian mines.
I t may also be pointed out t h a t work underground, which
is perhaps t h e most striking example of dangerous and arduous
work, is in some cases indirectly regulated by legislation which
prohibits the employment of women on arduous operations ;in
general, or by special provisions prohibiting t h e employment
of women on various operations which might be carried out
underground (hewing, the carrying or moving of loads, work
in a dust-laden atmosphere, etc.).
I n conclusion, in t h e absence of legislation it need n o t necessarily be implied t h a t such work is engaged in by women.
The employment of women underground in mines is a n industrial
anachronism which is no longer to be found in E u r o p e , .for
even though there is no legislation on the subject in a few
countries which have no deep mines, such |as Switzerland,
the
employment of women in the underground workings of salt
mines is quite unknown in t h a t country. Frequently protective

— 176 —
legislation is adopted only when there is some special need fbr
it and when some evil custom has t o be corrected.
I n other continents t h e prohibition of t h e employment of
women underground is also quite common. There are, however,
two i m p o r t a n t mining countries in Asia which have not yet
completely abolished such work, although they have adopted
regulations tending towards this aim.
In India the Notification M. 1055 of 7 March 1929 prohibited the
employment of women in underground mines as a general rule but
included certain important reservations. This measure was applied
on 1 July 1929 to some of the mines of India only ; individual permits
could be obtained from the Chief Inspector to continue in such employment or even to enter it. In the exempted mines, such as the coal
mines of Bengal, Bihar, Orissa and the Central Provinces, the prohibition of the employment of women is to be gradually enforced over
a period of ten years, the number of women employed being reduced
annually until July 1939, when these mines will come under the normal
regulations. That means that at that date there will remain merely the
possibility of women working underground when they have obtained
a personal permit from the mining inspector.
In Japan the Order No. 30 of 1928 prohibited the employment of
women underground in mines as from 1 September 1933. After that
date, however, women may still be employed underground in mines
where most of the veins are thin. At present women may not be
employed underground in mines where the temperature exceeds 35° C. ;
moreover, certain particularly dangerous or arduous operations may
not be carried out by women : the charging and lighting of explosives,
the removal of timber, the extraction of ore, shovelling, etc.
An examination of t h e list of countries which have prohibited
underground work reveals one serious omission : legislation on
t h i s subject is still comparatively rare in colonial territories,
even when t h e States which own the colonies have adopted
protective measures of this kind for their own country. There
h a s recently been a certain development in this respect, and in
t h e last few years regulations prohibiting the employment of
women underground in mines have been adopted in a number
of colonial territories. This sudden growth of legislation m a y
be taken as a sign t h a t t h e employment of women on this
work, which is particularly unsuited for them whether they
are white or coloured, is destined soon t o disappear.
It was with a view t o accelerating t h e progress of such legislation t h a t t h e I n t e r n a t i o n a l Labour Conference a t its Twelfth
Session adopted t h e following resolution submitted by the
Japanese workers' delegate :
" In view of the regrettable fact that underground work for women

— irr —
and young persons is still actually in operation in some of the most
important countries represented in the International Labour Conrence, the Conference requests the Governing Body of the International
Labour Office to consider the desirability of placing upon the agenda
of an early Session of the International Labour Conference the question
of the underground work of women and young persons ".
At its Fifteenth Session, when adopting a Draft Convention on the
hours of work in coal mines, the Conference passed a fresh resolution
which, although slightly different, has the same aim. It requested the
Governing Body to consider the possibility of placing on the agenda
of an early Session of the Conference the question of the employment
of workers under sixteen years of age and women workers on underground work in coal mines.
Forced

Labour

Since forced or compulsory labour must be classified amongst
t h e most trying forms of heavy work, brief reference m a y be
made here t o t h e studies already published on t h e subject by
t h e International Labour Office 1 . These studies show t h a t i t
is customary for t h e national systems of legislation in force t o
prohibit t h e employment of women on forced labour |for p r i v a t e
persons, or even in some cases t o exempt t h e m from labour
dues.
I t was for t h e purpose of extending this protective measure
t h a t t h e Draft Convention on forced labour adopted a t t h e
Fourteenth Session of t h e International Labour Conference
contained t h e clause mentioned above (cf. " I n t e r n a t i o n a l
Systems of Regulation ".

1

INTERNATIONAL LABOUB CONFERENCE (Twelfth Session) : Forced

Labour, Report and draft Questionnaire in particular §§ 330 and 338. INTERNATIONAL LABOUR CONFÉRENCE (Fourteenth Session, Geneva, 1930) :
Question I, Forced Labour ; in particular, Question 16, p. 58 ; and Forced
Labour s nd discussion, Report I ; in particular the replies to Question 16.
pp. 60-64 and 166.

CHAPTER VII
EMPLOYMENT ON WORK INVOLVING MORAL
DANGERS

The legislation concerning women's work deals not only
with t h e physical.protection of t h e workers b u t also with protection against certain moral dangers. These provisions,
although m u c h less frequent t h a n those concerning physical
protection, occur in a variety of forms.
Sometimes there is a general recommendation such as t h a t
given b y t h e French Labour Code (Book I I , section 71) urging
heads of industrial or commercial undertakings where women
are employed t o ensure t h e maintenance of good moral conditions and t h e observance of publi c decency.
In other cases some authority is empowered to issue regulations forbidding or stipulating conditions for t h e employment
of women on certain work which might involve moral dangers.
The French I n d u s t r i a l Code (Book I I , section 72), the German
Industrial Code (section 139a), t h e Swedish Workers' Protection
Act of 29 J u n e 1912 (section 21 J ) and others provide for ¡the
issue of such regulations. Sometimes t h e legislation states
quite generally t h a t women m a y not be employed on work
involving danger t o morals, or it may specify certain categories
of work in which, for these reasons, women may not engage or
may do so only subject to special conditions.
The employment of women on work which might be harmful
t o their morals is prohibited b y a general clause in t h e legislation
of Austria, Greece, Hungary, Poland, etc.
The types of work forbidden for moral reasons differ in
various countries, and t h e reason for the prohibition may not
always be explicitly stated, although it is often quite apparent.
1

This provision was repealed by the amending Act of 12 June 1931.

— 179 —
I t may be assumed t h a t moral grounds have led t o t h e
inclusion in t h e legislation of several of t h e Canadian provinces
of provisions prohibiting the employment of white women in
undertakings run b y Orientals. I t is true t h a t some years ago
the legality of such legislation was contested, b u t it m a y be
noted t h a t the provision has been maintained in many recently
published Acts (e.g. the Act of 1929 amending the Factory,
Shop and Office Building Act in Ontario, section 5).
A similar moral reason has led t o t h e prohibition of t h e
employment of women in places for the sale of alcoholic liquor ;
such employment is sometimes prohibited for women of any
age (Argentina, Act of 30 September 1924, section 11 ; Venezuela,
Act of 23 July 1928, section 16), or for women under age (Bolivia,
Regulations of 1930 under the Decree concerning t h e employment
of women and children, section 16 ; Brazil, Decree of 1 December
1926 setting u p a Code for t h e employment of minors, section
67, etc.).
I n some cases powers are conferred on certain local a u t h o rities t o take such steps as t h e y m a y consider desirable in this
connection. I n Italy, for instance, t h e prefects are empowered
to t a k e measures of this kind by t h e Royal Decree of 6 November
1926 concerning public safety (section 99).
The printing, distribution or sale of obscene literature is
similarly regulated in certain cases (e.g. France, Decree of
21 March 1914, sections 12 and 13).
Other regulations deal with occupations which have t o be
carried out on t h e streets or employment on stalls outside
shops.
In Peru, for example the Regulations of 25 June 1921 under the Act
concerning the employment of women and children contain in section
19 a list of occupations exercised on the streets, such as the sale of
newspapers and flowers, the distribution of prospectuses, etc., in which
the employment of women is prohibited, while in the case of work in
kiosks only women over twenty-one years of age may be employed.
In Brazil, according to the Code for the Employment of Minors of 1926,
unmarried women under eighteen may not exercise any occupation
in the streets.
The regulations concerning work involving a danger t o
morals, such as work in places for the sale of alcoholic liquor,
hawking in the streets, etc., are applied equally in some countries to young persons of both sexes.

— 180 —
This is the case in Chile under the Minors' Protection Act of 18
October 1928 (section 31) and Guatemala under the Labour Act of
30 April 1926 (section 27), both of which contain a provision of this
kind for persons of both sexes under twenty-one years of age.
The hour a t which work may be carried on in t h e streets is
sometimes t a k e n into consideration.
In France the Decree of 21 June 1913 prohibits the employment
of women of any age on stalls outside shops after 8 p.m.
There is also a moral reason behind the great number of
regulations concerning living-in conditions and the arrangement
of workplaces.
In view of the conditions of agricultural work, in which groups of
seasonal workers and permanent workers are frequently supplied with
accommodation by t h e . employer, the Recommendation concerning
the living-in conditions of agricultural workers adopted by the International Labour Conference at its Session in 1921 urges that provision
should be made for separation of the sexes. The Italian Act of 1 August
1907 concerning work on rice farms, the agricultural Orders of the
Austrian states and many other legislative measures referring to agriculture make the same stipulation ; there are also some legislative
texts covering every form of contract of employment which involves
the supply of accommodation by the employer, e.g. section 88 of the
Spanish Labour Code of 23 August 1926.
Legislation on the contract of employment and the contract ot
apprenticeship often stipulates that the contract for a girl under
twçnty-one years of age, or sometimes even for an adult woman irrespective of age, may be terminated without indemnity if as a result
of divorce, death or any other reason there is no longer a wife or housekeeper in the house. A clause of this kind will be found in the French
Labour Code (Book I, section 14), in the Spanish Labour Code of 23
August 1926 (section 82), etc.
Sometimes a girl apprentice is not only entitled to break her contract if she is called upon to live in her employer's house when he no
longer has a wife or housekeeper, but is legally forbidden to continue
under such conditions. The French Labour Code (Book I, section 5),
the Hungarian Act No. X I I of 1922 amending the provisions of the
Industrial Act concerning apprenticeship (section 81), etc., provide
that an employer who is unmarried, widowed, divorced or separated
from his wife is not permitted to have a female apprentice under age
resident in his house.
I t may be pointed out that the same idea of moral protection led
to the inclusion in the Franco-Polish Protocol of October 1928, supplementing the Emigration and Immigration Treaty, of a provision
specifying that the French authorities should see that no Polish woman
worker under thirty years of age was placed in isolated employment
on a French farm. In the case of younger women workers various
other measures for their protection have to be taken J.
1
Cf. INTERNATIONAL LABOUR OFFICE : Migration Laws and Treaties,
Vol. Ill pp. 142-146. Cf. also above, p. 13.

— 181 —
In the same category fall the protective measures contained in the
Factory, Shop and Office Building Act of Ontario, according to which
special permits must be obtained before women are engaged for work
in which they will be obliged to live in camp ; such permits are granted
only after the conditions of accommodation have been examined both
from the point of view of moral protection and from that of the comfort
of the woman worker. A similar provision exists in the legislation of
Saskatchewan, where a special permit has to be obtained before a woman
can be employed on work in which she will have to live in a hotel,
restaurant or similar establishment.
There are also legislative provisions concerning the decency
of workplaces in which persons of b o t h sexes are employed.
Reference will be made later t o t h e m a n y provisions concerning
separate cloakroom and lavatory accommodation.
In some countries, as a result of differences in custom, a more
complete separation of workers of the two sexes is insisted upon. In
Persia, for instance, the Decree of 17 December 1923 concerning the
protection of workers in carpet factories provides that boys and girls
must be employed in separate workshops, mixed workshops being
absolutely prohibited. The work in women's workshops must be
controlled by a forewoman, and foremen are not permitted to enter
(sections 4 and 5). In certain European countries there must be separate workshops for the two sexes in cases where certain therapeutic
appliances or contraceptives are being manufactured (e.g. Germany,
Regulations of 30 January 1903, Netherlands, Regulations of 10 August
1920, section 57, etc.).

CHAPTER VIII
WORK RESERVED FOR WOMEN

Over against the legislative provisions prohibiting the
employment of female labour on certain work which is t h o u g h t
likely t o involve special risks for women m u s t be placed t h e
other provisions which reserve for women certain tasks particularly suited t o them.
Only one example of this has come t o t h e notice of the
Office 1, b u t t h e step taken in this direction by the Cuban
Government is sufficiently interesting t o be worthy of special
mention.
1
Since this chapter was written, information has been received of an
experiment on a much wider scale in the U.S.S.R. for fixing by legislation
t h e occupations into which female labour should be guided.
In order to facilitate the successful conclusion of their economic plans,
an attempt has been made to intensify the employment of women workers.
By two Decrees, issued on 8 December 1930 and 16 January 1931, for the
territory of the U.S.S.R. the Commissariat of Labour drew up a very extensive list of industrial and commercial occupations in which only women
should be employed. A few months later, on 19 May 1931 — doubtless on
account of the difficulty of finding an adequate supply of women workers
qualified t o fill all these posts — a fresh list of occupations, much the same as
the original one, was issued, and the administrative departments and undertakings concerned were asked to extend considerably the number of women
workers employed in these occupations. This Decree, which applies to the
whole of the R.S.F.S.R., urges the Labour Commissariats of the Federated
Republics to redouble their efforts for encouraging women's work in the
national economic system. The list contains a great variety of occupations
and posts belonging to the following branches of activity : mining, metal
work, engineering, chemical industry, tanneries, the textile industry,
printing, foodstuffs, transport, postal, telegraph and telephone services,
building, office work, and all'commercial occupations. The most highly
skilled posts in those different branches of production are mentioned, such
as work as fitters, millers, locksmiths and turners in engineering ; as compositors, proof correctors and line-etchers in printing ; in office work all
posts are for preference to be entrusted to women (secretaries, clerks, chiefs of
sections or divisions, heads of departments or inspectors of accounts, etc.).
The increase in the proportion of female labour in these occupations
is to be accompanied by a development of occupational training. For this
reason the Soviet press recently published a recommendation of the Commissariat of Labour t o the heads of occupational schools attached to factories
and other undertakings asking that women should be granted 50 per cent.
of the places in schools attached to metal factories and 25 per cent, in schools
attached to building undertakings and motor-car factories.

— 183 —
It was in 1917, when an Act dealing with foreign immigration
was promulgated, that a clause was first introduced in Cuban legislation prohibiting the placing of male immigrants as employees in
commercial establishments for the sale of articles for feminine use or on
work which could be easily performed by women, such as work in
chemists' or stationers' shops, or the work of clerks, typists, telephone
operators and the like.
The Act of 1917 stated that the administrative authorities would
take the necessary steps to fix definitely the categories of employment
which should as a general rule be reserved for women, and the exceptions to this rule. The necessary regulations were issued by the Act
of 18 May 1922 which prohibited the employment of any ¿males, whether
immigrants or not, in occupations peculiarly suitable for women. The
Preamble to the Decree No. 2303 of 18 November 1925 expressed the
conviction that the provisions of the Act of 1917 were in harmony
with the trend of social progress, which had reached a stage favouring
the increased employment of women in every field, and that the
measures adopted under that Act furthered certain aspects of this
development in that they helped to provide women of the poorer
classes with an opportunity for earning a reasonable living under
suitable conditions, thus relieving them from their unfavourable
economic situation which was a source of grave moral danger for
family life and for society. The legislator considered that the employment of women in undertakings for the sale of articles for feminine
use was an excellent method of improving the moral conditions of
society. This Decree made a distinction between establishments or
special branches of establishments selling articles for feminine use,
where only women should be employed (except for the handling of
heavy goods and the work of direction or supervision), and a second
class of occupations, the list of which is much longer than that contained in the Acts of 1917 and 1922, in which the proportion of women
should be not less than 50 per cent. The other posts not reserved for
women may not, under any circumstances, be given to immigrants.
Temporary provisions were also included for safeguarding the rights
of male workers who were already in employment.
This Cuban legislation is a typical example of t h e organisation of placing on the basis of the general aptitudes of |each
sex, and t h e practical application of this principle of vocational
guidance is a very interesting experiment. Moreover, t h e Cuban
Government is thus instituting an entirely new m e t h o d of
protecting women workers — a method which, by ensuring t h e m
work, guarantees t h e dignity of women and t h e furtherance of
social morality.

CHAPTER IX
SPECIAL INSTALLATIONS FOR THE WELL-BEING
OF WOMEN WORKERS

Most systems of legislation contain detailed provisions
concerning hygienic conditions in factories, workshops and
shops, which a i m a t protecting t h e health of t h e workers and
guaranteeing a certain degree of comfort. Many of these provisions are quite general and apply t o undertakings employing
only men as well as t o those employing women. Frequently,
however, it is specified t h a t certain special installations should
be provided for t h e women workers in undertakings.
One of t h e m o s t frequent regulations stipulates t h a t undertakings employing a certain proportion of women m u s t place
a t their disposal separate cloakrooms, washing accommodation
and lavatories. I n quite a n u m b e r of Acts in Great Britain and
t h e Dominions i t is provided t h a t t h e employer must set aside
a room in which t h e workers can t a k e their meals ; sometimes
it is compulsory for employers who have a certain proportion
of women workers t o provide a special room for them.
Such a clause exists, for example, in the legislation of the Canadian
Province of Ontario (Factory, Shop and Office Building Act, section
39a), according to which a room of this kind must be provided in
establishments employing thirty-five or more women.
In a few exceptional cases provision is made for very special
installations : the Polish Act of 1924 concerning the employment of
women and children, for example, stipulates in section 15 that a
bathroom must be fitted up in undertakings employing 100 or more
women, but it would appear that this provision has not yet been put
into operation.
I t was already mentioned in t h e chapter dealing with maternity protection t h a t day nurseries have often to be installed by
undertakings employing more t h a n a certain number of women,
t h e n u m b e r v a r y i n g from 25 t o 100.

— 185 —
One particularly i m p o r t a n t measure from the point of view
of the workers' health is t h e provision of seats which m a y be
used whenever the worker's occupation permits. A clause t o
this effect exists in t h e legislation of a great number of countries,
with variations as to t h e n u m b e r of workers covered a n d t h e
conditions under which t h e provision has to be applied.
Seats m a y have t o be provided for all men and women
workers, b u t this is very rarely the case ; usually the measure
applies to women only. I n t h e second place, the legislation
m a y refer to shops only or t o shops and factories. A further
difference is t h a t t h e legislation may m a k e the provision of
seats compulsory or it m a y merely give power to some a u t h o rity, generally t h e factory inspectorate, to decide w h e t h e r
seats should be provided or not. In the case of factories, t h e
legislation very often stipulates t h a t seats shall be installed
only if the n a t u r e of t h e work is such t h a t it can wholly or
partly be carried out when t h e worker is seated.
Some systems of legislation mention the number of seats
t o be provided ; in m a n y cases t h e proportion is less t h a n t h e
number of women employed, being generally one-third. I n
French legislation, however, and in t h a t of certain provinces
of Canada, the number of seats must be t h e same as t h e n u m b e r
of workers employed in t h e undertaking. I n one single case,
t h a t of Quebec, t h e Act also mentions t h e n a t u r e of the seats,
which must be provided with backs.
A clause concerning the installation of seats is to be found in the
legislation of the following States :
States in which seats must be supplied for women workers in shops
and factories : Argentina, the Australian States of New South Wales,
Queensland, Victoria and Western Australia, the Canadian Provinces
of Alberta, New Brunswick, Nova Scotia, Ontario and Quebec, Cuba,
Luxemburg, Peru, Spain, and certain States of the United States of
America.
States in which seats must be provided for women in shops and
similar establishments only : Belgium, Canada: Provinces of British
Columbia, Manitoba and Saskatchewan, Finland, France (as well as
Algeria, Morocco, Tunis and the Colonies of Guadeloupe, Martinique,
New Caledonia and Réunion), Great Britain^ and Northern Ireland,
Greece, Irish Free State, Netherlands, New Zealand and Uruguay.
Finally, the Australian State of Victoria, the Republic of Colombia
and Chile made it compulsory for seats to be supplied for employees
of both sexes in shops.

1

In Great Britain seats must also be supplied for women engaged in the
manufacture of chemical products, in accordance with Order No. 731 of 1922.

CHAPTER X
WAGE

REGULATION

G E N E R A L CONSIDERATIONS

If this were a study of t h e facts of women's work and not
merely of t h e legislation regulating it, t h e chapter on wages
would certainly be of the first importance, for t h e level of
women's wages raises some of the most serious of all labour
problems.
An examination of t h e level of women's wages from t h e point
of view of the cost of living and the needs t o be met out of wages
will only too often show, as has been proved b y numerous
surveys, t h a t in a great m a n y cases this level falls below the
requirements for a reasonable s t a n d a r d of living. The consequences are extremely serious b o t h for t h e health of women
workers, who are then living in a constant s t a t e of malnutrition,
and for their morals.
If, on t h e other hand, their wages are compared with those
of men in similar occupational groups, an appreciable difference
will generally be found between t h e two. The danger for the
workers as a whole of t h e existence of cheap female labour
which can in m a n y cases, more especially since machine methods
have been perfected, provide an adequate substitute for more
highly paid male labour which is more costly for the employer,
is too obvious t o be enlarged upon.
On account of these facts a n d . their consequences, the
principles of equitable remuneration for work and of equal
remuneration for work of equal value, recognised b y t h e States
signatories t o t h e Peace Treaty as aims towards which they
should direct t h e i r efforts with a view t o amelioration of t h e lot
of the workers, therefore merit a t t e n t i v e consideration when
dealing with problems of women's work and regulation thereof.
A study of t h e existing legislation, however, yields little

— 187 —
comparable material on this subject. Indeed, t h e d a t a which
could be collected would certainly leave t h e reader with a very
incomplete and even false impression of the e x t e n t of the
progress m a d e in t h e matter, unless he k e p t in m i n d t h e fact
t h a t the struggle for higher wages is carried on in another
field t h a n t h a t of labour legislation.
The history of wages and their rise t o a level a t which a
reasonable standard of living can be maintained, if not identical with t h e history of t h e trade union movement a t least
constitutes its most i m p o r t a n t chapter. Whereas in other
spheres t h e improvement of t h e workers' conditions of life
has been largely a m a t t e r for legislative advance (in questions
of industrial health and safety, hours of work, workmen's compensation, etc.), t h e fight for better wages has been carried on
directly by t h e workers themselves through trade union action.
The most i m p o r t a n t factors in this domain are t h e collective
agreements drawn u p after negotiations between industrial
associations, while legislation plays a comparatively insignificant p a r t .
B u t for a variety of reasons this p a r t is of greater value for
the improving of the position of women workers, and i t is t h e r e fore fitting t o give some account of such legislation on wage
rates as has been passed in t h e course of t h e last forty years.
MINIMUM

WAGE

LEGISLATION

The International Labour Office has already devoted an
extensive study t o the legislation on the minimum w a g e 1 .
For t h a t reason no a t t e m p t will be made to analyse it in detail
here ; all t h a t will be done will be t o select those points which
refer specially t o women workers.
One preliminary remark must be made : t o a great extent
women benefit more t h a n other workers from m i n i m u m wage
legislation, for there can be no doubt t h a t it is in industries
employing women workers t h a t unduly low wages are most
often found.
Among the economic and social conditions generally considered as tending t o a fall in wages there is one which is most
frequently met with in branches of industry where women are
1

INTERNATIONAL LABOUR OFFICE : Minimum Wage-Fixing Machinery.
Studies and Reports, Series D, No. 17. Geneva, 1927.

— 188 —
employed, namely, t h e absence of adequate occupational organisation, which prevents the workers from having sufficient
cohesion t o conclude collective agreements in their own interest
and ensure t h e respect of these agreements b y all concerned.
There is a n o t h e r reason which applies merely t o the wages of
women : t h e competition of those who consider their wage merely
as something extra for t h e purchase of luxuries, which seriously
affects those women whose wage is their sole means of subsistence. When one considers t h e fact t h a t t h e acceptance of less
then a living wage means low production costs a n d unfair competition b y t h a t product with others of t h e same kind produced
in undertakings where better wages are paid, it is obvious t h a t
the only r e m e d y for such a situation is the establishment of a
minimum legal wage for all competing undertakings.
B u t it is j u s t when low wages are due t o t h e causes analysed
above t h a t t h e intervention of legislation can be most effective.
Legislative action is useless when t h e low wages are due t o
very low o u t p u t ; it is bound to be slow in cases where t h e low
level of wages is due t o bad organisation of production ; it can
take full effect w h e n t h e wage is really inadequate |as compared
with the value of t h e work performed, and this is the case when
the low rates a r e d u e t o the competition of individual women
wage earners w h o accept inadequate remuneration.
For these reasons t h e regulations so far adopted with regard
t o the m i n i m u m wage deal in t h e great majority of cases with
industries employing mainly women. One frequent example is
home industries.

Legislation such as that in force in Argentina, Austria, Czechoslovakia, France, Germany, Irish Free State and Norway for fixing
minimum wages in home industries, applies to workers of both sexes,
but in actual practice it affects women workers almost exclusively. I t
should also be noted that the French legislation on the minimum wage
was originally introduced (by the Act of 10 July 1915) for the purpose
of protecting women workers employed at home in the clothing
industry, and it was in this form that the provisions of the Act of 1915
were incorporated in the Labour Code as sections 33 and 33a to 33n
of Book I. At the same time provision was made in section 33m for a
possible extension of these regulations: if male workers in the industries covered were employed at home on the same work as women
workers and were in receipt of a lower wage than that fixed as the
minimum for women, an application for higher wages up to this minimum could be made to the Probiviral Council or the Justice of the
Peace in the same way as could be done for women workers. The
legislation was extended to cover other home industries by the Decrees

— 189 —
of 10 August 1922 and 30 July 1926, and was finally made applicable
to home workers of both sexes by the Act of 14 December 1928.
Like the French Act of 1915, the Act No: 2851 of 23 November 1918
on women's work in Peru, instituted protection for the wages of women
workers employed on needlework at home ; section 28 stated that
women engaged in dressmaking at home should receive a wage not
less than that earned by women in the workshop for each legal day ;
if piece rates were paid, the legal working day should produce the
same total wage.
Legislation also exists for combating [low wages for women
workers in other industries.
The most extensive regulations of this type are to be found in
North America. Seven of the nine Provinces of Canada (Alberta,
British Columbia, Manitoba, Nova Scotia, Ontario, Quebec and Saskatchewan) and seventeen States of the United States of America have
adopted legislation concerning the minimum wage for women, and
have applied it over a very wide field.
In Canada, in the Province of Alberta, the Minimum Wage Act for
Women of 10 April 1925 applies to all women employed in any trade
or occupation, except domestic servants in private houses ; in Nova
Scotia the Act of 1920, which applied only to women working in
industry, was extended in 1924 to cover all occupations except agricultural and domestic work. In Ontario, the scope of the 1920 Act is
the same, and similarly, also, in Quebec, where the Women's Minimum
Wage Act of 1925, originally covering industry only, was extended
in 1930 to women employed in commerce. In British Columbia the
Minimum Wage Act for Women of 1918, as amended in 1927, applies
to women wage earners in all commercial and industrial occupations,
except those employed on farms, in fruit picking or in domestic service. The laws of two other Provinces, the Act of 1920 in Manitoba
and the Act of 1920 in Saskatchewan (as amended in 1922), which apply
only to wage earners in towns, contain a provision for the possible
application of the regulations to all other parts of the provinces.
This Canadian legislation shows the same tendency as was observed
in the case of France to extend the regulations to workers of both
sexes so as to ensure their effective application. In Alberta, the Factories Act of 1926 stipulates that when a minimum wage has
been fixed for women for any kind of work no man may be employed
on such work at a lower wage unless he is an apprentice ; if an employer
pays a male worker a wage lower than the minimum he is liable for a
heavy fine and must refund to the worker the difference between the
wage actually paid and the minimum wage (section 20 (2) and (3).
This is a somewhat unusual application of the principle of equal pay
for equal work.
In British Columbia an Act concerning the minimum wage for
men, with approximately the same scope as the Act on the same
subject for women, was promulgated in 1925.
The minimum wage legislation for women in the United States has
much the same characteristics as that in Canada : the scope of the
laws is very extensive. The distinguishing feature is that many of
them apply to women and to young male workers — generally to those
under eighteen years of age, but in a few cases to those under twenty-

— 190 —
one. Minimum wage legislation was adopted between 1912 and 1917
by the States of Arizona, Arkansas, California, Colorado, the District
of Columbia, Kansas, Massachusetts, Minnesota, Nebraska, North
and South Dakota, Oregon, Porto Rico, Texas, Utah, Washington and
Wisconsin. In Colorado effect was never given to the legislation, and
in Nebraska and Texas it was repealed in 1919 and 1921 respectively.
The Acts of several other States (Arkansas, Arizona, the District of
Columbia, Porto Rico and Minnesota) have either been repealed or
have considerably lost their power by the repeal of several provisions
as the result of decisions taken by the Supreme Court of the United
States, the Supreme Court of the State concerned or the AttorneyGeneral, declaring them to be unconstitutional. The Constitution of
the United States does not in fact permit the public authorities to
interfere with the freedom of the employer and the wage earner in
the conclusion of contracts of employment. All the minimum wage
laws of the United States, with the exception of that for Massachusetts,
which involves no penalty for non-observance by the employer except
publication of the fact, are based on this principle, which has been
condemned. Consequently, all these laws are likely to fall into disuse
unless the States concerned transform them, as has been done in
Wisconsin. Whatever may happen in this respect, it is certain that
without effective sanctions the establishment of a minimum wage
can have but very slight moral influence, and it is probable that all
the American legislation on the subject will continue to become less
and less effective. There is no need to analyse these laws in detail,
because very full information on the subject has already appeared
in various other studies 1.
I n certain countries, such as Australia, Great Britain,
New
Zealand a n d South Africa, t h e legislation on t h e minimum wage
applies t o b o t h sexes, and in a n u m b e r of countries it ^applies
t o all trades. These laws raise in its most acute form the problem of equal wages for workers of b o t h sexes.
I n t h e legislation studied above t h e question could hardly
arise. Wages in home industries (the first group dealt with)
are generally expressed as piece rates, in t h e fixing of which no
account is usually t a k e n of t h e person who performs t h e work.
This is the rule even for piece work in a workshop, for example in
the textile industry, and therefore it applies a fortiori to work
a t home, where t h e person of the worker is entirely unimportant
a n d where various members of a familly m a y often collaborate
in t h e work. This same fact is sufficient t o explain t h e [general
equality in wages even when time rates are paid for home work.
If different rates were fixed for workers of t h e two sexes, it
1
Cf., for example, INTERNATIONAL LABOUR OFFICE : Minimum WageFixing Machinery, pp. 105-114 ; and UNITED STATES DEPARTMENT OF
LABOUR : Bulletin of the Women's Bureau, No. 61 : " The Development of
Minimum Wage Law in the United States, 1912-1927 ", Washington, 1928.

— 191 —
would be perfectly simple for women home workers t o get over
this disadvantage b y t a k i n g delivery of t h e work under a
masculine name.
I n legislation such as t h e French Act of 1915 and t h e Acts
of Canada, Peru and t h e United States, which fix minimum
wages for women workers only, there is no o p p o r t u n i t y of
comparing the rates for t h e two sexes. I t has however been noted
t h a t these Acts for the protection of women workers sometimes
contain a rather unexpected clause providing for t h e possibility
of competition b y men working a t lower rates. To prevent this,
a fixed minimum is laid down, irrespective of sex, t h e aim being
not to fix men's wages b u t merely t o ensure observance of t h e
legal minimum for women.
The legislation of Australia and New Zealand, where wages
for all classes of workers are t o a great extent fixed b y legislation,
offers an opportunity for studying t h e principles which enter
into the determination of wage rates, and more especially t h e
p a r t played by t h e principle of equal remuneration for equal
work irrespective of sex.
Three main principles are generally taken as entering into
t h e determination of wage rates : t h e capacity of t h e industry
t o pay, the conception of t h e living wage a n d t h e relationship
between the wage of t h e category which it is desired to p r o t e c t
a n d the wages already existing for similar work in industries
where the same cause of low wages is n o t operative.
At first sight it would appear t h a t the first of these principles would naturally lead to equality : the person of t h e
worker is a negligible factor as compared with t h e ability of
t h e employer to pay. I t is, however, clear t h a t t h e principle
would not suffice to ensure a reasonable minimum wage in
every case. When a minimum wage is being fixed other factors
m u s t be taken into account if the workers are t o be protected
a n d just remuneration ensured, even a t the risk of hastening
on the elimination of badly-managed undertakings or badlyorganised industries.
I t seems only logical to take account first of all of t h e
requirements of t h e workers, and, in t h e words of the Peace
Treaty, to p a y t h e m " a wage adequate t o maintain a reasonable
standard of life as this is understood in their time and country " .
B u t it is not easy t o estimate what are t h e needs of t h e workers,
for they v a r y according t o t h e social standing of each group,
according t o local conditions, and still more according t o t h e

— 192 —
burdens which each worker has t o assume. I t is in estimating
this last factor t h a t a n element of inequality between the sexes
often creeps in. ¡In spite of t h e increasing participation
of women in all fields of work, there can be no doubt t h a t
custom a n d family law in m a n y countries normally make
family responsibilities weigh more heavily on a m a n t h a n on a
woman. F o r this reason t h e legislation of L States such as Australia, which h a v e t a k e n t h e s t a n d a r d of living and t h e needs
of the workers as a basis for fixing wages, contain provisions
which can hardly be said t o harmonise with t h e principle of
equal p a y for equal work.
For example, the Wages Boards Act of the State of Tasmania (Act
of 1920, amended in 1924) provides that the Boards, when fixing wage
rates, may take into consideration certain conditions, which include
the sex of the workers (section 23c).
In Western Australia, the Industrial Arbitration Act of 1912, as
amended by Act No. 45 of 1920 and Act No. 50 of 1925, instructs the
Court of Arbitration set up under the Act to issue an annual award
fixing the basic wage to be paid to men and women wage earners. The
term " basic wage " means " a sum sufficient to enable the average
worker to whom it applies to live in reasonable comfort, having regard
to any domestic obligations to which such average worker would be
ordinarily subject ".
The Industrial Conciliation and Arbitration Act of 1929 in Queensland, which empowers the Industrial Arbitration Court to make
awards concerning the basic wage when necessary, stipulates that the
minimum wage of an adult male employee. " shall be not less than is
sufficient to maintain a well-conducted employee of average health,
strength and competence, and his wife and a family of three children
in a fair and average standard of comfort " ; in determining this minimum the earnings of the children or wife of the employee are not to be
taken into account (section 13, 3(d) (i). The minimum wage of an adult
female employee must be not less than is sufficient to enable her to
support herself in a fair and average standard of comfort ; but it is
further stipulated that account must be taken in fixing women's
wages not only of the conditions of living prevailing among other
employees of the same calling (the principle of the living wage) but
also of " the nature of her duties " (section 13, 3 (d) (ii). This means
that a corrective is applied to the conception of the living wage ; a
fresh factor is to be taken into account in addition to the cost of living and the requirements of the worker. This new factor is the
value of the work performed, which is the standard implied in the
axiom " equal pay for equal work ". The legislation of Queensland
thus requires t h a t the judges on the industrial courts should combine
the two rules and mitigate the effects of the one by the application
of the other. Probably the two rules do not often come into conflict,
because women are rarely employed on the same industrial operations
as men. Nevertheless, it is far from easy to combine the two. There
can be no doubt that a considerable change has taken place in the
conception of the relative importance of the two factors in Queensland.

— r93 —
The earlier Industrial Arbitration Act of 1916, which was amended in
1923, 1924 and 1925 and repealed by the Act of 1929, provided that
wages should be fixed by callings, emphasis being laid on the principle
of the value of the work and of equal wages for similar work, irrespective of the person of the worker. The principle of the living wage
was introduced only as a corrective, on the same footing as the idea
of the capacity of the industry to pay. Section 8 stipulated t h a t in
fixing wages in any occupation the courts should take into consideration the following points : " (a) the same wage shall be paid to persons
of either sex performing the same work or producing the same return
of profit to their employer ; (b) the courts shall be entitled to consider
the prosperity of the calling and the value of an employee's labour
to his employer in addition to the standard of living ".
The same hesitation between the two principles, with the same
discreet suggestion that the arbitration boards should undertake the
difficult task of harmonising the two, exists in New South Wales, where
the Industrial Arbitration Act No. 17 of 1912, as amended on various
occasions and finally by Act No. 14 of 1926, empowers the industrial
boards to make awards prescribing minimum wages for wage earners
(section 24 (a) and specifies (section 26 (A) (i) that " no industrial
agreement shall be entered into and no award made for a wage lower
than the declared current living wage ". The same Act gives powers
to the boards to make awards for the settlement of any industrial
disputes, and section 5 includes among the industrial matters which
may be submitted to arbitration " any claim that the same shall be
paid to persons of either sex performing the same work or producing
the same return of profit or value to their employer ". The Act does not
give any guidance to judges in arriving at decisions in such disputes,
but the fact of the question being so clearly raised would seem to
imply acceptance of the rule of social justice laid down in Article 427
of the Treaty of Peace.
The difficulty of bringing the principle of the living wage
into line with t h e principle of equal remuneration for work of
equal value, irrespective of the sex of t h e worker, is not d u e t o
any essential contradiction between t h e t w o principles. The
difficulty only arises when the standard of living of workers of
the two sexes is reckoned on different bases. The assumption
t h a t t h e wage of a man must in every case be t h a t of t h e head
of a family, and a woman's wage merely t h a t of a single person
with no one b u t herself to support, has frequently been objected
to as being not quite in accordance with t h e facts.
There can be no doubt t h a t a rule based on such an assumption is prejudicial to women having family responsibilities :
widows with children t o support, mothers with unsupported
illegitimate children, women whose husbands are invalids or
unfit for work, unmarried women responsible for the m a i n t e n ance of aged or infirm parents, etc. In t h e same way t h e rule
would favour unmarried men. I t is true t h a t the development

— 194 —
of social insurance (widows' a n d orphans' pensions, old-age,
accident and invalidity pensions), reduces to a certain extent
some of t h e burdens which m a y have t o be borne by women
workers, b u t i t does not do away with t h e m all completely. I t
must also be a d m i t t e d t h a t t h e method of fixing remuneration
on t h e basis of t h e living wage — t a k e n in t h e case of a woman
as being t h e sum required for the maintenance of a worker
dependent on her wages b u t having n o other persons t o support
— nevertheless constitutes an effective safeguard against
unduly low wages for women as a result of competition by those
who are married or who live with their parents a n d consider
their wages merely as a supplement t o t h e family budget.
I n point of fact, in m a n y industries employing women,
where no regulations exist, wages often fall below t h e level of
w h a t is required t o maintain a woman living alone.
If t h e m i n i m u m wage is t o be based on the actual requirements of t h e workers concerned, one must in practice either
fix a different m i n i m u m for each sex, taking into account the
approximate distribution of social charges on each group, or
else establish a single minimum for all workers, in which ease
it will fall short of t h e average requirements of a worker with
family responsibilities (most of whom are men) or exceed the
requirements of workers with no such responsibilities (most of
whom are women) or of persons partially maintained out of
the wages of some other worker. I n neither case, then, can this
minimum represent t h e actual living wage for all t h e workers
concerned.
I n view of t h e great complexity of t h e individual situations
t o b e covered b y m i n i m u m wage regulations, t h e only possible
way of fixing t h e figure is to consider concurrently with the
worker's needs certain other factors, b y no means t h e least
important of which is t h e value of the work.
The system of family allowances has also been advocated
by some as a palliative for t h e disadvantages referred t o above
in applying t h e principle of t h e living wage. The advantages
of this system in t h e application of t h e principle of equal pay
for equal work have often been pointed out by women's organisations, a n d quite recently again b y t h e Conference of Women
Members of t h e British Labour P a r t y (June 1930), which, when
dealing with t h e report submitted t o the Congress on t h e problem of equal p a y for equal work, adopted a resolution advocating t h e system of family allowances. The supporters of the

— 195 —
system, which is widely discussed in t r a d e union circles, point
out t h a t its adoption would remove t h e anomalies involved in
the fixing of a uniform rate for all workers of t h e same sex
irrespective of their varying family responsibilities, and also t h e
anomalies involved in the assumption t h a t t h e vital needs of
male workers are always those of t h e head of a family a n d t h a t
women workers have never to maintain anyone except t h e m selves. A flat rate for workers of the two sexes can thus b e corrected by allowances in proportion t o t h e responsibilities of
each worker.
The legislation of Belgium, where family allowances have been
widely adopted, contains certain provisions guaranteeing equal rights
to the enjoyment of these allowances to workers of both sexes. Such
a guarantee exists, for example, in the Act of 14 April 1928 requiring
the insertion in the specifications for State undertakings of a clause
respecting the grant of family allowances.
The method of fixing wages on t h e basis of those paid in a
similar industry which is more highly organised does not give
rise to t h e same contradictions with t h e principle of equal p a y
for equal work. At the same time, t h e application of this
method does not necessarily guarantee t h a t t h e principle will
be respected, for it tends t o perpetuate current habits which
are not necessarily perfect in this respect. The method of analogy with similar industries is generally applied by E u r o p e a n
countries which have set up minimum wage-fixing bodies. I t
has t h e undeniable practical advantage of providing a sound
working basis which can be more easily defined t h a n the standard of living can, particularly when it is possible to make t h e
comparison with a well-organised industry in which wage
rates are fixed by collective agreement.
I t is moreover always possible t o correct the d a t a obtained
by this method by reference to t h e principle of equal remuneration for work of equal value when t h e legislation stipulates
t h a t this principle should be observed. The existence of such
a provision cannot fail to have a beneficial influence, even
outside t h e protected industry, in t h e establishment of new
industrial habits. This was the view taken by t h e International
Labour Conference at its Eleventh Session when it dealt with
the establishment of minimum wage-fixing machinery.
The international Convention adopted by t h e Conference
(ratified u p t o J u l y 1931 by eight countries : Australia,
China,
France, Germany, Great Britain, Irish Free State, Italy and

— 196 —
Spain) deals only with the creation of minimum wage-fixing
machinery in those t r a d e s or p a r t s of trades in which no arrangements exist for the effective regulation of wages by collective
agreement or otherwise, and wages are exceptionally low. At
the same time, t h e t e x t leaves every State Member which ratifies
free to determine t h e methods b y which minimum wages are
t o be fixed a n d applied.
I n addition, a Recommendation was adopted drawing the
attention of States which ratified t o t h e general principles
which h a d been found in practice t o give t h e most satisfactory
results. This Recommendation, which reminds States of their
obligation " of enabling the workers concerned to maintain a
suitable s t a n d a r d of living " (the principle of the living wage),
urges t h e m t o h a v e regard " t o t h e rates of wages being paid for
similar work in trades where the workers are adequately organised a n d h a v e concluded effective collective agreements, or,
if no such s t a n d a r d of reference is available in t h e circumstances,
t o t h e general level of wages prevailing in t h e country or in the
particular locality" (comparative method). Finally, the attention
of Governments is drawn " t o t h e principle affirmed by Article
427 of t h e Peace T r e a t y t h a t men a n d women should receive
equal remuneration for work of equal value ".
The same Recommendation endeavours in other ways to
guarantee t h e satisfactory application to women of a Convention which is particularly i m p o r t a n t for t h e m in view of t h e
reasons for low wages in m a n y industries where women are
chiefly employed. F o r instance, section 1, paragraph 2, states
t h a t " w i t h o u t prejudice to t h e discretion left t o t h e Members
by the Draft Recommendation t o decide in which trades or
parts of trades in their respective countries it is expedient to
apply m i n i m u m wage-fixing machinery, special regard might
usefully be h a d to trades or p a r t s of trades in which women are
ordinarily employed " . I n paragraph 2 (d) of section I I it is
further stated t h a t " whenever a considerable proportion of
women are employed, provision should be made as far as possible for t h e inclusion of women among t h e workers' representatives, and of one or more women among the independent
persons mentioned in paragraph (a)" (i.e. independent persons
whose votes can ensure effective decisions being reached in
the event of t h e votes of t h e employers' a n d workers' representatives on t h e wage-fixing body being equally divided).
The national legislations on minimum wages quite frequently

— 197 —
contain provisions concerning t h e participation of women on
wage-fixing bodies ; these clauses will be analysed in another
chapter, along with all t h e legislative provisions concerning
t h e p a r t played by women on various official bodies dealing
with labour questions.
E Q U A L P A Y FOB E Q U A L W O R K

The principle of equal pay for work of equal value, t h e
effects of which have been studied above with regard t o t h e
determination of minimum wages, also enters into other questions. Since, however, there is very little legislation on rates
of remuneration apart from t h a t dealing with the minimum wage,
there are few opportunities for t h e principle being legally laid
down, although it is occasionally to be found as a general principle in legislative texts.
I t figures, for instance, in Article 123 of the Mexican Constitution
of 1917 along with other principles affecting labour which have to be
observed by the States of the Union in any labour legislation which
they may pass 1. Paragraph VII of that Article also states that equal
remuneration should be paid for equal work irrespective of sex or
nationality — a very liberal expression
of the principle of just remuneration without respect of persons 2.
The Labour Act of the State of Jalisco, promulgated by Decree
No. 2308 of 13 August 1923, puts into force for that State the principles laid down in the Constitution of Mexico, the clause in question
being reproduced in section 47 of the Act.
The declaration contained in the Labour Section Of the Peace
Treaties in favour of equal wages for equal work has clearly inspired
a certain number of recent legislative pronouncements. The principle
is enunciated in the Act of 8 September 1924 in Chile, dealing with
contracts of employment, where section 23 stipulates that for work

1

While this volume was in the hands of the printer fresh legislation
was promulgated in the United States of Mexico defining and giving force of
law to the above principle of the Constitution. The Federal Labour Act
of 18 August 1931 stipulates that equal wages must be paid for work of equal
efficiency, of the same kind and of the same duration irrespective of the sex,
age, or nationality of the worker (section 86). Section 22 also provides
sanctions to ensure the observance of this provision by declaring that any
contracts fixing wage rates on another basis will be considered void. Section
674 provides for very severe penalties, proportionate to the profit which
the employer may have made through infringement of the Act, for any
offences against the provisions of the Act concerning remuneration.
2

The second aspect of the principle, the equality of remuneration irrespective of nationality, does not fall within the subject of this study. The
principle is frequently mentioned in laws and treaties regulating the conditions of employment of foreign workers.

— 198 —
of the same kind men and women shall be paid equal wages 1 . The
new Factory Act passed in China on 30 December 1929 states in
section 24 t h a t women workers should be paid the same rates of
wages as men if they perform the same kind of work and have the
same output.
The same idea that sex distinctions should not be a factor in
reckoning wages may be met with in certain provisions concerning
wages for young persons or apprentices. For example, section 7 of
the Immigration Act of 1923 in South Australia states that " a n y
[apprenticeship] agreement may contain provisions . . . for the due
payment of such wages as are payable thereunder, which in the case
of a girl immigrant shall not be less than a boy immigrant of similar
age ".

1

The same clause is reproduced in the Labour Code of 13 May 1931
which consolidates the earlier texts (section 35).

CHAPTER XI
LABOUR PROBLEMS ARISING O U T OF CIVIL
POLITICAL S T A T U S OF

AND

WOMEN

The differences between the civil and political status of
men and of women have frequently had reactions on labour
legislation in one of two ways. The Labour Code may be adapted
t o t h e provisions of t h e Civil Code and of t h e political Constitution of the country and define the special obligations or disabilities of women in their occupational capacity, arising out of
their peculiar civil or political status. On the other hand,
labour legislation sometimes tries to mitigate the inequalities
of t h e Civil Code or Constitution ; it may, for example, facilitate
t h e occupational activity of a married woman by releasing her,
wholly or partially, in her capacity as a worker, from the dependence on marital authority which is stipulated by the Codes of
certain countries, or it m a y grant prerogatives for the representation of her occupational interests in industrial organisations
t o working women who are not granted the full rights of citizenship in their country. I t is certainly in this latter direction t h a t
labour legislation is developing more and more every year. There
is a t the same time a parallel development in the field of civil
and political rights which often does away with the need for
regulations of this kind. The more fully t h e equality of t h e
sexes is practised throughout t h e whole life of a country the
less reason there is for special legislation, or a t least t h e peculiar
importance of the rights granted to women workers b y such
legislation declines. I n the four Scandinavian countries, where
t h e political status of men and women is the same, and also
their civil status since t h e promulgation of t h e new legislation
on t h e equality of the parties in t h e marriage contract, there is
no need for any adaptation of labour legislation or for special
regulations to emancipate t h e woman in her occupational life.

— 200 —

I n order fully to appreciate t h e influence of t h e legislation
which will be analysed in this chapter, it would be necessary t o
take account of the status of women as citizens, as members of
families and as workers. This status, however, varies greatly
from one country t o another, a n d a great body of very complicated legislative provisions would have to be analysed in detail
if a n exhaustive and completely accurate picture óf t h e provisions affecting t h e rights of women workers were to be given.
Such a t h o r o u g h study is impossible here. At the same time
i t seems desirable before concluding this survey of the regulations concerning women's work t o give a t least an outline of
the relations between labour legislation and civil legislation in
this respect a n d fo indicate briefly t h e problems raised by t h e
special position of women. Particular attention will be paid
t o t h e a t t e m p t s made in some countries t o solve these problems
by introducing in their labour legislation correctives to t h e
Civil Code, making the subordination of woman, where it exists*
less absolute, a n d giving |her freedom of ¡action in her work
and t h e right t o be represented in ¡occupational associations,.
which is a desirable corollary to her economic activity.
T H E CONTRACT OF E M P L O Y M E N T OE A P P R E N T I C E S H I P
AGREEMENT

I n countries where the Civil Code places a married woman
under t h e authority of her husband t h e first problem which
arises is t h a t of her right t o enter any occupation and fulfil t h e
obligations arising therefrom. The fact t h a t according t o t h e
Code of certain countries a married woman may not bind herself by contract without marital authorisation p r e v e n t s her
from signing a contract of employment unless special legislative
provisions release her from her incapacity.
This incapacity may be more or less formal. It exists under the
German and Swiss Codes, but they do not require express authorisation for the woman. Article 1405 of the German Code and Article
167 of the Swiss Code accept tacit consent as an equivalent. Under
the Code Napoléon the incapacity of the married woman is more absolute. It is clearly implied, for instance, in the French Civil Code,
where Article 1123 of Book I I I stipulates that any person may enter
upon a contract unless incapacitated by law ; section 1124 includes
married women in the list of persons who have not such capacity.
Consequently a married woman in France requires the authorisation
of her husband before concluding a contract of employment. TheCode admits the substitution of some other authority ; in many cases,.

— 201 —
for example, a permit from a judicial authority is sufficient (sections
218 to 222). In principle, the authorisation to enter upon a contract
of employment should be renewed on each occasion, but legal practice
has relaxed the rigour of the Code on this point and assumes that
when the husband has once permitted his wife to engage in a given
occupation (e.g. the theatrical profession ; cf. Dalloz : Répertoire
pratique: Théâtre, section 122), fuither engagements accepted by
the woman are valid provided that the husband has not withdrawn
his original authorisation.
Spanish law 1 is much the same, and in this case labour legislation
has simply followed the Civil Code. According to the Labour Code
of 1926, a married woman must have permission from her husband
before concluding a contract of employment. Certain labour laws
have, however, introduced a slight change : a woman who is separated
from her husband, whether judicially or otherwise, is not required to
obtain his permission to engage in employment.
Other countries in which the woman is subject to the authority
of her husband have relaxed the effects of this provision in the case
of occupational activity. In Belgium, for example, the Act of 10 March
1900 concerning the contract of labour states that a married woman
may conclude a contract of employment with the tacit consent of her
husband. The Act also protects a woman against arbitrary action by
her husband, for, if he does not consent, permission may be obtained
at the request of the woman from the justice of the peace after the
husband has been heard or summoned to appear.
Some States which adopted t h e Code Napoléon have entirely
released a married woman from marital authority when she
engages in any occupation.
Chile is an example of this. According to the regulations of 22 April
1925 concerning the contract of employment, persons of either sex
over 18 years of age have legal capacity to conclude such a contract.
While in m a n y countries a married woman is prohibited
from signing a contract for occupational work w i t h o u t t h e
permission of her husband, her engagement by recruiting, especially for work abroad, is still more strictly regulated. I n this
case, indeed, a new factor in civil law intervenes : according t o
certain Codes the wife is obliged to live under her husband's
roof. The regulations concerning the emigration of married
women and t h e recruiting of married women have already been

1
It is probable that Spanish legislation will be fundamentally altered
on this point in accordance with the new Constitution recently promulgated.
According to Article 44 of the new Constitution, marriage is based on
equality of rights for the two sexes, so that the idea of marital authority
will naturally disappear, and with it any effects which it might have on the
occupational activity of a married woman.

— 202 —

dealt with in another publication of t h e International Labour
Office i.
I n addition t o t h e many provisions concerning the obligation for a married woman to obtain permission from her
husband before emigrating, the legislation on emigration contains a n u m b e r of clauses for preventing the separation of
families, more especially in the case of the recruiting of native
workers, who are less able t o defend their own interests.
The same desire t o keep families united has led to various
stipulations, particularly in the case of contracts for work
abroad, for t h e simultaneous repatriation of a husband and
wife, even when their contracts would normally end a t different
dates. The w o m a n m a y be permitted to break her contract
when her h u s b a n d ' s contract expires, or the husband and wife
m a y be p e r m i t t e d to alter their contracts when the marriage
takes place so as t o m a k e t h e m of t h e same duration. On t h e
other hand, t h e r e are certain provisions which guarantee the
occupational independence of the husband and wife even when
one of t h e t w o is repatriated.
I t is n o t only in t h e case of contracts for abroad t h a t legislative provision is m a d e for enabling t h e husband and wife to
remain together. Quite commonly marriage is considered by
legislation as being a legitimate motive for withdrawing from
a contract of employment or apprenticeship agreement, either
for b o t h sexes or a t least for women.
R I G H T TO D I S P O S E OF W A G E S

The rights of a married woman with regard to her wages
are determined o n t h e one hand by t h e general rules of t h e Civil
Code and, on t h e other, by special labour legislation, which
frequently introduces modifications in the effects of the civil
status of women in this direction.
The problem does n o t arise in countries where a married
woman remains mistress of her property and free t o dispose
of it, as is t h e case in Great Britain under t h e Married Women's
P r o p e r t y Act, 1882 (45-46 Vict., chap. 75), the principles of
which have now been adopted practically throughout t h e whole
1
Cf. Migration Laws and Treaties, Studies and Reports. Series O (Migration), No. 3, in particular Vol. I. pp. 55-62, and the other passages shown
in the subject index at the end of Vol. I l l under the words " Women ",
" Husband and Wife ".

— 203 —

Empire. The same is t r u e of Italy, where t h e wife's property
remains separate from her husband's. Where the problem does
arise is in countries in which t h e husband is responsible for t h e
administration of all his wife's property.
Sometimes t h e Civil Code itself makes certain exceptions
t o t h e rule of subordination, particularly with regard t o t h e
income from employment. Examples will be found in t h e
German and Swiss Codes, b o t h of which include amongst t h e
property reserved for t h e exclusive personal use of t h e woman,
even without a stipulation to t h a t effect in t h e marriage contract, her working tools — or, in t h e Swiss Code, all t h e woman's
property required for t h e exercise of her occupation — a n d t h e
product of her labour (German Civil Code, sections 1366 a n d
1367 ; Swiss Civil Code, section 191).
I n countries subject t o t h e Code Napoléon, which stipulates
community of property a n d grants t h e husband t h e administration and usufruct of all his wife's property, later legislation
has often prescribed an i m p o r t a n t exception in respect of t h e
right of a married woman t o dispose, in whole or in part, of her
wages, irrespective of t h e marriage system. I n some cases these
rights are very restricted.
This is the case in Belgium, although it would appear that the
change in the capacity of a married woman was first introduced as
early as 1900 by the Act concerning the contract of employment.
Section 30 of this Act stipulates that a woman, irrespective of the nature
of her marriage contract, may draw her wage without the concurrence
and to the exclusion of her husband, but it is also added that she must
use it for household purposes. In addition, section 39 fixes a maximum
beyond which the right of the woman to draw direct remuneration
from her personal services ceases to exist ; the maximum when the
Act was passed was 3,000 Belgian francs a year. The personal right
to dispose of her tools or of furniture acquired by means of her salary
was guaranteed up to the same maximum by section 33 of the Act.
These objects could not be alienated gratuitously or for a consideration,
nor could they be hired out, loaned or pledged by the husband without
the consent of the wife.
Somewhat similar to the Belgian legislation on the subject is the
provision in section 14 of the Spanish Labour Code approved by Decree
of 23 August 1926 \ which admits the right of the married woman
to draw direct remuneration for her work and to use it for household
requirements, but at the same time stipulates that the husband may
appeal to the competent municipal judge to decide whether or not the
woman shall be allowed to dispose of her wages.

1

Cf. footnote 1 on p. 201 concerning the new Spanish Constitution.

— 204 —

Other systems of legislation, however, grant much more
extensive rights t o a married woman over t h e product of her
labour and a n y savings which she m a y effect.
The French Act of 13 July 1907 incorporated in section 78 of Book
I of the Labour Code (Wages of Married Women) grants such rights
to married women. It provides that a married woman, irrespective
of the value of the property acquired by her labour and the use to
which it is put (subject to the payment of a reasonable share of the
household expenses) and irrespective of the matrimonial arrangement
entered into by her, shall have the same right to administer her property as a woman whose property is separate from that of her husband,
that is, she is free to dispose of or alienate her movable property
(section 1449 of the Civil Code). Any clause to the contrary in the
marriage contract is null. The only reservation to this right concerns
the alienation of real estate, for which the consent of the husband or,
in case of refusal, the authority of a court of law is required.
Other labour laws give married women the same rights to dispose
of the product of their labour. An example from quite another part
of the world is the legislation of Chile, which gives women complete
freedom to dispose of their earnings (section 15 of the Act of 13
December 1924 concerning the relations between employers and wage
earners, and section 20 of the Act of 11 November 1925 concerning
salaried employees) 1.
CAPACITY TO TAKE J U D I C I A L P R O C E E D I N G S I N
RELATING

TO

CONTRACTS

OF

DISPUTES

EMPLOYMENT

On this point also the rules laid down in Civil Codes differ
considerably, so t h a t supplementary legislation is sometimes
essential in order t o aid a married woman in t h e exercise of her
occupational activity. Even some Codes which consider the wife
as being subject to marital authority have introduced more
elastic regulations t o prevent this fact from hampering t h e
woman in her occupational life.
For example, section 1405 of the German Civil Code states that a
married woman who engages in any occupation with the express or
tacit consent of her husband does not require his authority for any
legal acts or lawsuits arising out of her occupation.
The position is quite different under the strict rules of t h e
Code Napoleon, which are still maintained, for instance, in t h e
French Civil Code.

1
This provision is reproduced in sections 38 and 123 of the Labour Code
of 31 May 1931

— 205 —
According to section 215 of Book I of the French Code, a woman
may not take judicial proceedings without the permission of her
husband even if she is " a public trader " or " not common as to property " or " separated as to property ".
This rule has been relaxed by later French legislation and
also in a number of other countries which have adopted t h e
same Code, a t least in the cases of disputes with regard to contracts of employment.
The French Act of 13 July 1907 concerning the independent wages
of married women completely removes their incapacity in this respect.
Section 6 provides that a woman may take judicial proceedings without
authorisation in any question concerning contracts recognised by the
Act, that is to say, disputes with regard to her wages or any other
product of her personal labour.
Belgian legislation is slightly less liberal and does not directly
remove the incapacity of married women but merely empowers certain
authorities to do so. According to the Act of 10 March 1900 concerning
the contract of labour, the Probiviral Councils or the justices of the
peace may permit a married woman to take judicial proceedings in
any dispute concerning work, labour or wages which falls within their
competence. By the Act of 7 August 1922 the same authorities are
given similar powers in the case of disputes concerning the contract
of a woman salaried employee.
F R E E D O M OE ASSOCIATION

I n the case of a married woman t h e right t o combine for
trade purposes m a y be restricted by the fact t h a t she is prohibited by law from contracting on her own behalf or from disposing of her property.
The first of these incapacities m a y hinder the woman in t h e
exercise of t r a d e union rights. If she is subject to marital
authority she requires, in principle, the permission of her
husband before becoming a member of a t r a d e union, unless the
restriction imposed b y the Civil Code is removed by some
special legislative enactment. When this incapacity is combined
with the incapacity to dispose of her property, she may be
prevented from becoming a member of a co-operative society,
for which a financial interest is required.
Trade Union Rights of Married

Women

I n one group of countries subject t o t h e Code Napoléon a
married woman is not required t o obtain permission from her
husband before exercising trade union rights.

— 206 —

In France Book I I I of the Labour Code amends the Civil Code on
this point, since section 5 states that married women exercising any
trade or occupation may, without the permission of their husbands,
join industrial associations and take part in their administration or
direction. Similarly, the Spanish Act of 3 November 1922 absolves
the woman from the necessity for obtaining permission from her husband before joining an industrial association either as a worker (section
24) or as an employer (section 26). No mention is made of the
woman's right to share in the administration of a trade union. In
Chile, Act No. 4057 of 8 September 1924 concerning trade unions
expressly states that married women are entitled, without marital
permission, " to organise trade unions, to become members of such
unions, and to share in their administration or direction " (reproduced in the Labour Code of 1931, sections 362 and 336).
Other countries in which t h e Code Napoleon is in force have
maintained the subordinate situation of married women with
regard t o trade union membership.
The legislation of the Canadian Province of Quebec, for example,
while not requiring marital authorisation in every case for trade
union membership, recognises the right of the husband to oppose such
membership ; section â ' ôf the Act respecting professional syndicates
(trade unions) of 15 March 1924 states that " married women, except
husbands object, may form part of a professional syndicate ".

Membership

of Co-operative

Societies

This question raises a n u m b e r of problems. The first of
those is the right of t h e married woman t o become a member
of such a society if, under civil law, she has not the capacity to
enter into a n y contract. I n t h e case of a producing co-operative
society there is the further problem of engaging in occupational
activity, since membership of such a society means entering
upon a partnership in an industrial or commercial undertaking.
A third problem arises out of t h e fact t h a t a financial interest
is necessary for membership of a co-operative society. If a
married woman is n o t permitted t o possess property, it is
difficult t o see how she can t a k e a share in a co-operative society
and directly draw a dividend. I n t h e case of membership of,
co-operative societies, therefore, all the obstacles mentioned
above with regard t o t h e right of t h e married woman u n d e r
civil law to combine for t r a d e purposes, to exercise an occupation, or t o dispose of tools or wages, are combined. If there are
no definite legislative provisions on t h e subject, it is sometimes
rather difficult to determine whether t h e rules for trade union

\

— 207 —
membership can be extended to co-operative societies or n o t .
In countries where t h e incapacity of a married woman t o possess
property has been rectified by law, in t h e sense t h a t she m a y
dispose of her tools a n d her wages, it does n o t necessarily follow
t h a t she is entitled t o become a shareholder and t o draw dividends, for it would t h e n be incumbent upon her to prove t h a t her
share in the capital of t h e society came entirely from her occupational activity. If t h e position of t h e married woman w i t h
regard to membership of a co-operative society is not definitely
settled by legislation, the question m a y give rise to a n u m b e r
of disputes, and it is only in very few cases t h a t such a definition is given.
The position of a married woman with regard to the co-operative
movement is defined in Argentina by Act No. 11388 of 20 December
1926 concerning co-operative societies. Section 7 of this Act contains
provisions which perhaps do not completely solve the problem, but
which at least deal with it more thoroughly than any other legislation.
Married women are permitted to become members of co-operative
societies without permission from their husbands and to dispose
freely of the shares which they hold in the society.
Other legislation on the subject of co-operative societies merely
confirms the legal position established by the Civil Code. This is the
case in the Netherlands, where a married woman must produce proof
of her husband's consent before becoming a member. In one country,
the legislation does not directly restrict the rights of a married woman
in the co-operative movement, but it permits the co-operative societies
to introduce such restrictions in their rules : the German law on cooperative societies permits these societies to exclude women from the
general meeting of the members, thereby indirectly recognising that
women may be members.
Even if no legislation exists on t h e subject, a certain latitude
may often be left in practice. At t h e same time, such latitude
cannot be very extensive, because of t h e risks run by a co-operative society in accepting a married woman member w i t h o u t
t h e permission of her husband if she has n o t the right t o dispose
of her own property. This is particularly t h e case when t h e
responsibility of t h e members is n o t limited to their own shares,
b u t m a y extend t o some higher sum or even be unlimited. Y e t
the participation of women, more especially of married women,
in co-operative societies is an essential factor in their development. There can be no d o u b t t h a t their collaboration in distributive societies is of fundamental importance, b u t this falls
outside the scope of t h e present question, because women in
t h a t case are acting not as workers b u t as housewives. Their

— 208 —
participation is also important, however, in producing cooperative societies, particularly in agricultural societies foif
t h e sale of milk, eggs and other farm produce, for t h e production
and sale of which women are generally responsible.
The obstacles which inadequate legislation creates for women
wishing t o participate in t h e co-operative movement led the
International Co-operative Women's Guild to place on the
agenda of its conference held a t Vienna in August 1930 the
question of t h e legal position of women in co-operative societies.
The p r e p a r a t o r y reports for t h a t discussion contain information
on t h e present legal position and t h e practical difficulties which
have arisen 1 .
EMPLOYMENT OF MARRIED

WOMEN

Reference h a s already been m a d e t o t h e effects of t h e civil
status of married women j n restricting their possibilities of employment a n d ¡to the regulations ¡for abolishing or mitigating
these difficulties. I n m a n y cases, however, t h e right of a married
woman to engage in employment m a y be restricted by more
general provisions. F o r a number of years past there has been
considerable discussion on this subject, with special reference
t o the regulations of this kind which already exist. The question is whether, from t h e point of view of society or of family
life, it would be desirable to introduce similar or even more
far-reaching provisions in other countries. I n the midst of
t h e general unrest .caused b y t h e growth and persistence of
unemployment, the suggestion has been made in certain quarters t h a t those who are presumed t o have less need of wages
— including married women, who are supposed to share in
their h u s b a n d ' s earnings — should be removed from the labour
market. B u t t h e contrary tendency towards equality of legal
status for b o t h sexes, ¡which has been actively a t work for a
number of years and has spread more rapidly since t h e war,
is still strongly marked.
Without going into the pros a n d cons of the question, it
m a y be pointed out t h a t no country has yet a t t e m p t e d t h e very
fateful experiment of prohibiting entirely the employment of
married women. There is no legislation prohibiting employers
1
A. H. ENFIELD : The Legal Position of Women in Co-operative Societies,
1930. P. HARDSTAFF and Dr. Marja ORSETTI : The Rights of Women in
Co-operative Societies.

— 209 —

from engaging married women, b u t there are or have been
administrative regulations in countries such as Great Britain
and a n u m b e r of other Anglo-Saxon countries compelling public
officials, either in all the public services or in a certain n u m b e r
of t h e m (teaching, t h e postal service, etc.), t o resign their posts
on marriage ; sometimes also t h e administrative authorities
were instructed to dismiss married women first when a n y
reduction of staff was being| carried out. Certain large companies have also provided in their internal regulations t h a t marriage m a y lead to the termination of t h e contract of employment or dismissal. These, however, are merely private rules,
and not legislative provisions.)
I n most cases, rules of this kind, whether d r a w n u p by t h e
State as employer or b y private employers, do n o t spring from
any'desire to protect family life or society. No m a t t e r w h a t arguments may be adduced later to justify such action, it seems
perfectly obvious t h a t t h e motive in every case is of the most
material and practical kind. The employer wishes to get rid
of workers who are liable t o be more often absent from work
and whose o u t p u t m a y decline on account of t h e expenditure
of p a r t of t h e woman's energy on household tasks.
So far, therefore, all t h a t has been done by administrative
regulations is t o restrict t h e possibilities of employment for
women by closing certain public careers or certain undertakings,
b u t no general legislation has been passed prohibiting the employment of married women completely.
While there is a certain trend of opinion in favour of restricting, for social or family reasons, t h e right of a married w o m a n
to engage in employment, there have, on the other hand, been
a number of legislative provisions adopted in recent years for
preventing the introduction of such rules or for mitigating t h e
harshness of t h e practice of compulsory dismissal on account of
marriage.
As an example of a provision aiming at preventing the dismissal
of female officiais on the occasion of their marriage, one may quote
Article 128 of the new German Constitution of 11 August 1919, which
lays down the principle that all restrictive provisions concerning female
officials shall be abolished. This provision was directed against the
administrative regulations which existed in a number of German
States when the Republican Constitution was promulgated and which
forced women officials to give up their employment when they married.
Certain of the Anglo-Saxon countries have moved in the same direction
by introducing legislation^ removing sex disqualifications. In Canada,
for example, the province of Alberta adopted during the 1930 Parlia-

— 210 —
mentary Session an Act stating that no person should henceforth be
disqualified on account of sex or of marriage from holding any public
office, exercising any function or occupation, or being admitted tó
any recognised association. In Western Australia, the Women's Legal
Status Act No. 56 of 1923, while not mentioning the effects of marriage,
achieves the same purpose by stating that all sex disqualifications
are illegal.
The British Sex Disqualification (Removal) Act has not had such
far-reaching effects, because it admits the possibility of regulations
being issued by the administrative authorities specifying the conditions
for the admission and employment of women in their respective
administrations.
T h e fact t h a t women are sometimes obliged t o give u p their
occupation when t h e y marry, or have developed t h e habit of
doing so, h a s led t o t h e introduction of legislative provisions
regulating t h e rights of women workers t o insurance. This is
one of t h e m a n y problems raised by the peculiar conditions
governing t h e social insurance of women workers. I t is impossible here t o give even a summary outline of these complex and
delicate problems, which must be dealt with in a later study.
Reference m a y also be made t o certain legislative provisions
which, q u i t e a p a r t from t h e question of sex, aim a t giving
priority t o married persons over unmarried persons on t h e
labour m a r k e t .
The Italian Act of 6 June 1929 concerning possible measures for
increasing the population lays down as a rule for both sexes that,
other things being equal, preference for all public posts should be
given to married persons with children over married persons without
children, and to the latter over unmarried persons. The same rule
has been made applicable to private employment.

CHAPTER

XII

R E P R E S E N T A T I O N ON BODIES DEALING
LABOUR

WITH

QUESTIONS

One of the earliest rights of representation granted t o women
would appear t o be for t h e maintenance of their occupational
interests. Quite often countries in which women have not y e t
won political rights have for a number of years granted t h e right
of representation on various industrial bodies. I n France, for
example, women are entitled t o be members of probiviral
councils, labour councils, etc.
This right of representation m a y apply to labour courts,
conciliation and arbitration boards, wage-fixing boards, insurance committees, etc. Although quite widespread, these rights
are by no means universally recognised. I n some countries t h e y
have been granted gradually, first for one body and t h e n for
another. In m a n y others, where the possession of political
rights was a condition for voting or for election t o such bodies,
t h e granting of these rights has automatically m e a n t t h a t women
can be represented on t h e m .
L A B O U R COURTS

The special courts for dealing with disputes concerning t h e
interpretation of contracts of employment constitute t h e first
group of bodies on which women are generally represented. The
titles and powers of these courts v a r y considerably in different
countries. They are known as Conseils de Prud'hommes
in
Belgium, France a n d Switzerland, as Gewerbegerichte in Austria,
Czechoslovakia a n d Germany, as Chambers of Trade and Commerce in Poland, a n d as Tribunales Industriales in Spain ,• t h e y
are constituted on different lines in each case, b u t their purpose
is substantially t h e same — to ensure t h a t parties t o disputes
should be judged b y their peers.

— 212 —
In Austria, as early as 27 November 1896, when legislation was
introduced t o organise the industrial courts, women, both as workers
and as employers, were entitled to vote in the elections for such courts.
I t was not until 1922, (Act of 5 April) however that they also became
eligible for election. It would appear to be in France that women
were first granted the right of representation on such courts ; they
were granted the right to vote by the Act of 27 March 1907, and the
Act of 15 November 1908 also made them eligible for election. Soon
after the war, Germany and various other States of Central
Europe extended to women the right of representation on courts
of this kind (Act of 15 January 1922 in Germany ; Order of 15
July 1927 in Poland, etc.). The same was done in Belgium by the
Act of 9 July 1926.
I t would appear that there are still a few countries which have
special courts of this kind but which do not admit women to participate, or do so only subject to certain restrictions. In Spain, for
instance, by the basic Act concerning industrial courts (19 May 1910,
amended on 22 July 1912) the right to take part in the election of
members is the only one expressly granted to women. Admissibility
to public offices was the condition for election to such bodies, and this
condition apparently debarred women 1.
In Switzerland, where the probiviral councils are organised by the
Cantons, only a few Cantons, such as Basle, Geneva and Neuchâtel,
have granted full rights to women as members of such councils. In
the Cantons of Vaud and Zurich, instead of women being granted
the right to vote as a first step, they are eligible for election but
debarred from voting.
I n m a n y countries also women are represented on other
courts for dealing with labour disputes, such as labour courts,
conciliation and arbitration boards, etc.
This right of women is sometimes expressly recognised by law, as
is the case in Germany with regard.to conciliation boards (Order of
23 December 1918, section 16) and labour courts (Act of 23 December
1926, section 21). In Chile, Act No. 4056 of 8 September 1924 permits
women to be represented on conciliation and arbitration boards
(section 3) and on strike committees (section 56). In France, also,
women are eligible for membership of conciliation and arbitration
committees under section 115 of Book IV of the Labour Code.
In other countries the general conditions governing the right of
representation which frequently include the enjoyment of political
rights, do not necessarily imply the exclusion of women. In Norway,
for instance, sections 10 and 27 of the Act of 5 May 1927 concerning
labour disputes lay down the conditions to be fulfilled by members
of labour courts and conciliation boards, but it is stated that none
of these conditions may lead to the exclusion of women. On the other
hand, in Guatemala, according to section 64 of the Act of 30 April 1926,

1

This difficulty was removed by the new Spanish Constitution, which
admits women on the same footing as men to all public posts and offices
(Article 38) and grants them equal electoral rights (Article 34).

— 213 —
full political rights are a necessary condition for election to conciliation committees or arbitration boards, and women are excluded as
not enjoying these rights.
I t may also happen t h a t the participation of women in these
bodies is not merely an abstract right ; t h e law sometimes guarantees equitable representation of t h e interests of both sexes.
In Germany, according to the Labour Courts Act of 23 December
1926, assessors on these courts, who are selected by the administrative
authorities from nomination lists sent in by industrial associations,
must be men and women who are German nationals (section 21).
Section 24 of the same Act, however, stipulates that a woman may
refuse office if she can produce evidence that the care of her family
renders the discharge of this office particularly difficult.
On the other hand, there are laws which, far from guaranteeing a minimum representation for women when they are
directly interested, make provision facilitating their being
replaced by men.
In the Australian State of New South Wales, the Industrial Arbitration Act of 1912-1926 lays down rules for the composition of the
industrial boards attached to the industrial court, which have certain
powers in the case of industrial disputes as well as in other directions.
In principle, these boards should consist of a chairman and an equal
number of employers and wage earners who are or have been employed
in the industry or calling in question ; the Act adds, however, " provided that where the employers or the employees in the industrie?.
or callings in question consist largely of females, members may be
appointed who are not engaged in the industries or callings ".
ADVISORY BODIES

Many countries which have advisory bodies of various kinds
and of varying importance provide for t h e representation of
women on them, sometimes even stipulating a minimum proportion of women members.
An example may be found in France, where women are appointed
on the same footing as men to membership of advisory labour councils
(joint boards for each trade) (Labour Code, Book IV, section 129) ;
the Superior Labour Council (Decree of 31 January 1921, section 8)
and the National Economic Council set up by Decree of 16 January
1925 (section 6). The legislation which has instituted similar advisory
bodies in certain parts of the French Colonial Empire has also accepted
the principle of participation by women ; in Morocco, the Dahir of
13 July 1926 determining the composition of the Labour Council
provides that there shall be four employee or worker members, of
whom one must be a woman (section 61).

— 214 —
Women a r e also generally permitted t o be members of
another type of advisory body which is most common in the
States of Central Europe, namely, t h e works council.
This right is granted, for instance, in Germany, by the Act of 4
February 1920 (section 20), and in Luxemburg by the Order of 8 May
1925 (sections 4-5). In Germany, it is also recommended at least that
there should be equitable representation of both sexes ; section 22 of
the Act states : " the composition of a works council shall be determined as far as possible with regard to the. various occupational
groups of male and female employees in the undertaking ".
WAGES BOARDS

Representation on minimum wage boards, [particularly in
home-working trades, is of special interest for women, because
t h e fixing of a m i n i m u m wage is m o s t common a n d most valuable
in branches of industry employing a large proportion of women.
Frequently, therefore, the legislation instituting such wage
boards not merely stipulates t h a t women are entitled t o be
members, b u t even fixes a compulsory minimum.
. This right of representation with a certain fixed minimum on
committees dealing with industries where most of the employees are
women was laid down as early as 1909 by the British Trade Board Act,
which provides in section 11 that women shall be eligible on the same
footing as men, and in section 13 that if the committee is set up for
a trade in which a large number of women are employed, at least one
woman shall be a member of the board. In many cases the minimum
is higher. In the Canadian province of Nova Scotia, where the minimum
wage legislation refers only to women, at least two of every five
members must be women (Act of 30 April 1924, section 2).
In Germany, the Act of 30 June 1923 does not exactly fix a minimum proportion of women on the wage-fixing boards for home workers,
but it states that " if women home workers are employed in large
numbers, they shall be represented adequately among the home
workers ". These representatives are selected by the administrative
authorities from a list submitted by the industrial associations, but a
woman may decline to act if she " cannot be required to take such
office on account of her household or maternal duties ".
INSURANCE

The
various
equally
portion

COMMITTEES

situation is very similar with regard t o committees of
social insurance bodies. As a rule, women are eligible
with men, a n d quite often a certain minimum proof women is stipulated.

— 215 —
In Germany, the Act of 16 July 1927 concerning employment
exchanges and unemployment insurance stipulates, in section 14,
that women must be represented on all the insurance bodies. In
Great Britain, the National Health Insurance Act of 7 October 1924
provides that the insurance committees, which consist of from twenty
to forty members, shall contain at least two women members among
those appointed by the council of the county or county borough, and
two women must also be among the members appointed by the
Minister (section 48). In order to facilitate the appointment of these
members in the case of Scotland, where the members appointed by
the county or town council must as a general rule be members of some
local authority or town council, this requirement does not apply to
women if no women so qualified are available (section 112).

CONCLUSION

One of t h e most striking features of t h e legislative provisions and regulations on women's work reviewed in t h e preceding
chapters is their great variety, which is naturally d u e in part
t o t h e different stages of social legislation in t h e various countries. B u t another, and perhaps the most important, reason for
this variety is t h a t in t h e field of women's work more t h a n in
any other legislation m u s t reflect the social, moral and psychological conceptions which govern the lives of peoples and which
make for diversity.
I t is true t h a t on t h e physiological side t h e protection of
women workers has a firm and uniform foundation which is
but very slightly, if a t all, affected by climatic conditions ;
but the same cannot be said on t h e social side, for the conceptions of family life and the place of women in society differ
profoundly from nation to nation and lead to similar differences
in custom a n d in legislation. Take t h e Scandinavian woman,
for example, who engages in a variety of activities outside the
home, who is t h e equal of m a n with regard to political, civil
and family rights a n d responsibilities and is trained from childhood t o exercise t h e m . She also receives vocational training
and learns b y experience to take her place in t h e life of the
community a n d t o use t h e weapon of t r a d e unionism t o defend
her occupational interests just as do her male companions.
Contrast with t h a t t h e life of an Oriental woman, whose activity
is restricted b y age-long religious and social traditions t o the
family circle, a n d one cannot fail to u n d e r s t a n d how different
the regulations m u s t be which govern t h e highly developed
occupational life of t h e one and protect the other in her first
steps towards industrial activity. There is no cause for surprise
in t h e recent promulgation in Persia, a country where labour
legislation is practically non-existent, of an Order prohibiting
the employment of male and female workers in t h e same work-

— 217 —
shop, in those provinces where t h e manufacture of carpets has
been industrialised and extended beyond the confines of t h e
family workshop. Between those t w o extreme types one can
still find throughout t h e world t h e whole range of intermediate
stages of industrial development with regard t o women's work.
B u t the personality of t h e woman, her degree of vocational
training and her power of self-defence, which m a y be more or less
highly developed b y education and t h e exercise of such responsibilities as are granted her, are not t h e only factors m a k i n g
for diversity in legislation. The environment in which she
spends her working life is also of importance. The less organised
this environment, the greater will be t h e n u m b e r and t h e
gravity of the dangers t o which t h e working woman is exposed,
and t h e greater, therefore, t h e need for protection, a t least
temporarily, against these dangers. Moreover, improvements
in industrial technique and t h e progress of mechanisation m a y
lead to the employment of women in branches of i n d u s t r y
where they would never have been employed with t h e older
processes, because their o u t p u t would have been too low. W h e n
technical changes do away with those inconveniences, women
m a y be employed on operations which involve serious risks for
their health, and therefore regulations are required t o p r e v e n t
these new dangers from materialising.
When comparing t h e development of labour legislation in
different countries, one m u s t not conclude t h a t the absence of
regulations in a certain country necessarily means t h a t it tolerates the abuse against which other countries have legislated.
I t may merely indicate t h a t t h e risk does not exist, or is so
slight t h a t no legislation is required. There are, for example,
no regulations on t h e employment of women underground in
countries which have no mines ; there are also countries which
have a mining industry b u t have not introduced any legislation
of this kind because in point of fact women are not employed
on underground work.
One must take account of all these factors and of t h e great
diversity of social, economic a n d technical circumstances before
one can judge of the beneficial influence of labour legislation
from the point of view of women workers. These same factors
must be borne in mind also when forecasting t h e future progress
of such legislation. There, however, a new factor comes i n t o
play — the question of time. B u t t h e evolution of social groups,
though continuous, does not proceed a t a steady rate ; some-

— 218 —
times sudden and far-reaching changes t a k e place which upset
even the soundest calculations, so t h a t t h e prophet must walk
warily.
Y e t one cannot conclude a survey of this kind without
asking what, under present conditions, are the problems of
women's work which can be solved b y legislation, or in which
legislation c a n a t least produce some results. W h a t are, therefore, t h e points on which the efforts of reformers should be
concentrated in the national or international sphere ?
The field of physical protection for women workers, in which
legislation h a s already been remarkably successful, is no doubt
still open. Such protection m u s t still be given, either by special
legislation, if the object is t o protect t h e female organism for
purposes of maternity, or b y general legislation when circumstances p e r m i t or when the physical welfare of workers of both
sexes is in danger. I t is probably in this direction t h a t legislative action is easiest, because t h e risks t o be covered and the
measures for dealing with t h e m are b o t h comparatively simple.
B u t t h e w o m a n worker is surely entitled to hope for something
more t h a n protection for her physical health ; her general welfare, a n d more especially her economic and social position,
still call for improvement. I t m u s t be a d m i t t e d t h a t legislative
action in this direction is more difficult, because of t h e complexity
of t h e economic and social factors which have to be dealt with
and which often cannot all be directly reached by legislative
measures. Nevertheless, Chapters V I I t o X I I of this volume
give several examples of legislative provisions adopted for this
purpose. O u t s t a n d i n g among those are t h e legislative reforms
which, in line with t h e general movement for t h e emancipation
of women a n d equality of status for the sexes, have, often as
a first step i n t h a t direction, extended t h e rights of women in
the field of labour. Legislation t o remove t h e civil restrictions
on t h e economic activity of women, t o open t o her careers
formerly reserved for men, to guarantee her e q u a l representation of her interests in all occupational m a t t e r s — such laws and
others of a similar n a t u r e have conferred valuable benefits on
the women workers of t h e countries which have passed them.
M a n y reforms of this kind, however, are not of international
interest, since the barriers which t h e y break down do not exist
in every country. These laws meet special situations, generally
due t o a certain conception of family rights and responsibilities.
B u t some of the legislation analysed in these pages touches

— 219 —
fundamental problems of women's work and aims a t r e m o v i n g
more widespread evils. Two problems in particular are extremely serious, and have been rendered even more so b y t h e
present depression and t h e technical developments which
preceded it. I t is t o these t h a t t h e reader's attention will be
drawn in conclusion : t h e first is t h e problem of wages, a n d t h e
second t h e problem of vocational guidance.
The problem of wages was analysed in Chapter X a n d need
not be re-examined in detail here. Suffice it t o say t h a t a t a
time such as this, when the decline in production has t h r o w n
an enormous surplus of workers of both sexes on t h e labour
market, so t h a t the resulting acute competition t h r e a t e n s t h e
standard of living, the problem of t h e low wages often paid
for women's work is one which m u s t be dealt with b y every
possible means, legislative or other. Minimum wage legislation
has already been tested, and has often proved of value, b u t it is
not always as fully operative as might be desired. I t is too easy
for the wage-fixing bodies to grow careless, for their work is of
necessity complex, and t h e rates fixed require constant adjustment. There can be no doubt t h a t some further effort is
required to make this legislation as beneficial as it o u g h t t o
be ; the experience already gained should a t least indicate t h e
p a t h of future progress.
The value of legislation for ensuring t h e observation of t h e
principle of equal pay for equal work is a much more doubtful
question, for there have been few practical experiments of t h e
kind on which t o base an opinion. When t h e principle is laid
down in legislation it is generally as an ideal to be aimed a t
rather t h a n as an obligation which can be enforced by sanctions.
Y e t notwithstanding the real difficulties of defining equal work,
t h e disadvantages of unequal remuneration are also so real,
and its existence so obvious, even though the inequality cannot
be accurately gauged, t h a t some action must be t a k e n . I t
should a t least be possible to carry out preliminary studies and
introduce partial reforms where t h e inequality is most glaring,
t h u s paving t h e way for subsequent legislation, which consolidates acquired good habits more often t h a n it precedes a n d
inspires them.
No one can doubt in this age of rationalisation t h a t there
is a strong demand for vocational training and vocational
guidance. If h u m a n effort is n o t to be wasted, vocational
guidance must see t h a t there are no square pegs in round holes.

— 220 —

F r o m t h e economic point of view, labour must be so used as to
give the m a x i m u m output, and from the h u m a n point of view
every worker m u s t be so employed as to get the fullest satisfaction from his work with t h e minimum of fatigue and suffering.
I n this direction legislation has for a long time played a
p a r t in t h e vocational guidance of women workers — a negative
part, indeed —- b y closing certain avenues leading t o unhealthy
or arduous occupations which would be harmful for t h e health
of women. Recently, however, two countries have experimented
along more positive lines — Cuba within narrow limits and
Soviet Russia on a much wider scale. These countries have
indicated in their legislation t h e occupations towards which
women ought to be guided. These are new experiments, and
on t h a t account highly interesting, b u t they are too recent for
the results so far obtained t o have a n y real significance. They
are interesting, however, as indicating a new line of research
in which something might be done for protecting women against
the physical risks involved when unhealthy occupations are open
t o t h e m , a n d a t t h e same time granting fair opportunities of
employment for b o t h sexes.
I t is t r u e t h a t legislation alone is not sufficient. Between t h e
small group of prohibited tasks and t h e small group of reserved
occupations t h e r e stretches a wide neutral zone of occupations
and t r a d e s completely open to either sex, in which the workers
should be distributed according to their individual capacities.
Legislation is too rigid a process to get to grips with individual
facts. I n t h e field of vocational guidance it m u s t give place t o
the more a d a p t a b l e methods of industrial psychology and physiology, which are t h e best guides out of the labyrinth of avenues
from which t h e worker must select his occupation. At the same
time legislation m a y do useful work in introducing scientific
methods of vocational 'guidance and bringing t h e m into more
general use.
The problem of vocational guidance for women, with or
without a general framework of legislation, is, moreover, so
closely bound u p with t h e allied problem of vocational training
t h a t it is impossible t o study t h e two separately. Since inadequate vocational training is one of the main causes of t h e
inferiority of t h e economic status of women, the student is led
back once m o r e t o t h e heart of t h e grave problem of wages
and t o w h a t is without doubt t h e best starting point for any
reform. Consequently, t h e fundamental importance of voca-

— 221 —
tional guidance and vocational training for women a t the present
time must be constantly reiterated. All those who wish t o
improve the present s t a t e of affairs and do all in their power
to improve t h e conditions of existence of women workers
should study these questions in all their manifold aspects.

APPENDIX
LIST OF THE CHIEF LEGISLATIVE TEXTS
RELATING TO THE EMPLOYMENT OF WOMEN *
INTERNATIONAL CONVENTIONS
1906
Berne Convention concerning the prohibition of the
26 September night work of women [League of Nations : Report on the
Employment of Women and Children and the Berne Conventions of 1906, prepared by the Organising Committee
for the International Labour Conference, Washington, 1919,
p. 16].
First Session of the International
Washington, 1919.

Labour

Conference,

1919
Draft Convention concerning the employment of women
29 November before and after childbirth ; came into force on 13 J u n e
1921 [International Labour Office : Draft Conventions and
Recommendations adopted by the International Labour
Conference a t its Fourteen Sessions held 1919-1930, Geneva,
1930, p. 21].
1919
November

Draft Convention concerning the employment of women
during the night ; came into force on 13 June 1921 [ibid.,
p. 24].

1919
November

Recommendation concerning the protection of women
and children against lead poisoning [ibid., p. 28].
Third Session of the International
Geneva, 1921.

1921
November

Labour

Conference,

Recommendation concerning the protection» before and
after childbirth, of women wage earners in agriculture
[ibid., p. 53].

1
The texts published by the International Labour Office, Basle, in the
Bulletin of the International Labour Office are indicated, after the official
national source, by the abbreviation " B.B.", followed by the date of the
volume and the page on which the text is to be found.
The texts published by the International Labour Office, Geneva,
in the collection entitled Legislative Series are indicated by the abbreviation
" L.S.", followed by the serial number of each text.
The texts published by the International Labour Office in the series :
Legislación Social de America Latina are indicated by the abbreviation
"
L.S.A.L.".
The list of legislative texts for each country is arranged in chronological
order, except in the case of texts amending or supplementing an earlier
text ; these are given together with the original text.

— 224

—

1921
November

Recommendation concerning night work of women in
agriculture [ibid., p. 54].

1921
November

Recommendation concerning living-in conditions of agricultural workers [ibid., p. 58] (separate accommodation,
§ H I b).

1921
November

Draft Convention concerning the use of white lead in
painting ; came into force on 31 August 1923 [ibid., p. 64]
(employment prohibited, Art. 3).
Fifth Session of the International Labour Conference, Geneva,
1923.

1923
29 October

Recommendation concerning the general principles for
the organisation of systems of inspection to secure the
enforcement of the laws and regulations for the protection
of the workers [ibid., p. 80] (women inspectors, Art. 12 ;
statistics of workers employed, Art. 23).
Eighth Session of the International
Geneva, 1926.

1926
5 June

Labour

Recommendation concerning the protection of emigrant
women and girls on board ship [ibid., p. 115].
Eleventh Session of the International
Geneva, 1928.

1928
16 J u n e

Labour

Conference,

Recommendation concerning the application of minimum wage fixing machinery [ibid., p. 152] (industries
employing women, § I (2) ; representation on wage-fixing
body, § I I (2 c and d) ; equal remuneration, Part B).
Fourteenth Session of the International
Geneva, 1930.

1930
28 June

Conference,

Labour Conference,

Draft Convention concerning forced or compulsory
labour [ibid., p. 179] (employment prohibited, Art. 11).

NATIONAL LEGISLATION
MANDATED TERRITORIES
Supervision of the League of Nations
Saar Territory
Order No. 467 of 18 July 1923 concerning the regulation of the hours of
work and breaks of women and young persons employed in industrial undertakings [A.R.S., 1923, No. 19, p. 169. — L.S., 1923, L.N. 2A].
Order No. 468 of 18 July 1923 concerning the employment of women
and young persons in glass works, glass grinding and glass etching and sand
blasting works [A.R.S., 1923, p. 169. — L.S., 1923, L.N. 2B].

— 225 —
Order No. 469 of 18 July 1923 concerning the employment of women
and young persons in rolling and hammer mills [A.R.S., 1923, p. 169. —
L.S., 1923, L.N. 2C].
Order No. 182 of 31 March 1925 concerning the employment of women
and young persons in rolling and forging works [A.R.S., 1925, No. 10, p . 77.
— L.S., 1925, L.N. 1A].
Order No. 259 of 31 March 1925 concerning the employment of women
and young persons in the glass industry [A.R.S., 1925, No. 13, p. 102. —
L.S., 1925, L.N. IB].
Order No. 484 of 18 September 1925 concerning the establishment of a
Chamber of Labour [A.R.S., 1925, No. 27, p . 242. — L.S., 1925, L.N. 3]
(Protection of women, sec. 2 b ; participation, sec. 5).
Abbreviation: A.R.S. = Amtsblatt der Regierungskommission
Saargebiets.

des

Australian Mandate
New Guinea
Native Labour Ordinance No. 15 of 1922 amended by Ordinance No. 13
of 1923 [Commonwealth of Australia Gazette, 1922, No. 28, and 1928,
No. 21. — L.S., 1922, L.N. 3, and 1923, L.N. 3] (recruiting, sees. 12-14 and
26-27).
Mining Ordinance No. 18 of 1928 [Laws of the Territory of New Guinea,
Vol. IX, 1928, p. 78] (underground work, sec. 153 (1).
British Mandates
Palestine
Industrial Employment of Women and Children Ordinance No. 53 of
1927 [Official Gazette of the Government of Palestine, 1 January 1928,
No. 202, p. 20. — L.S., 1927, L.N. 9] (dangerous trades : Schedule, regulations 1 and 2 ; night work, regulation 9).
Tanganyika
Mining (Safe Working) Regulations No. 12 of 1930 [Supplement to t h e
Tanganyika Territory Gazette, 31 January 1930, p. 25] (underground work,
sec. 62).
Japanese Mandate
South Sea Islands
Regulations concerning the service of skilled workmen and labourers
in the employ of the mining station of the South Seas Bureau. South Seas
Bureau Instruction No. 9, promulgated on 1 May of the 13th year of Taisho
(1924) [Annual Report of the Japanese Government to the League of Nations
on the Administration of the South Sea Islands under Japanese Mandate
for the Year 1925, p. 374. — L.S. 1925, L.N. 7] (appendix : overtime and
night work, § IV ; dangerous and unhealthy work, § VIII ; maternity, § X ) .
ARGENTINA
Act of 8 October 1918, No. 10505 concerning homework
Vol. I, p . 26. — B.B., 1919, p. 1] (participation, sec." 14).

[L.S.A.L.,

Act No. 11100 of 11 February 1921 concerning pensions for salaried
employees and workers in private undertakings [L.S.A.L., Vol. I, p. 41]
(married women, sec. 18).

— 226 —
Act No. 11317 of 30 September 1924 concerning the employment of
vromen and young persons [C.M.D.T., 1924, No. 81, p. 1417. — L.S., 1924,
Arg. 1).
Act No. 11388 of 20 December 1926 concerning co-operative societies
IL.S.A.L., Vol. I, p. 72] (membership, sec. 7).
Federal Capital (Buenos Aires)
Decree of 20 December 1918 issuing regulations under the Act concern ing'homework [L.S.A.L., Vol. I, p . 30. — B.B., 1919, p. 5]. . .
Decree No. 2699 of 28 May 1925 issuing regulations under the Act
concerning the employment of women and young persons [B.O., July 1925,
X X X I I I , No. 9383, p. 331. —L.S., 1925, Arg. 2].
National Territories
Decree of 9 June 1925 issued under the Act concerning the employment
of women and young persons [C.M.D.T., 1926, No. 97, p. 1707. — L.S., 1925,
Arg. 7].
Cordoba
Workers' Protection Act No. 2820 of 2 January 1920 [L.S.A.L.,
p. 81] (maternity, sees. 8 and 9).

Vol. I,

Corrientes
Decree of 16 May 1927 issuing regulations under the Federal Act concerning the employment of women and young persons [L.S., 1927, Arg. 3].
Salta
Güemes Labour Act of 7 May 1921 [L.S.A.L., Vol. I, p. 90] (accidents,
sec. 87 : employment of women and young persons, sec. 125).
Santa-Fé
Decree of 23 December 1926 issuing regulations under the Federal Act
concerning the employment of women and young persons [C.M.D.T., November-December 1926, Nos. 107 and 108, p. 1946. — L.S., 1926, Arg. 3].
Act No. 2124 of 24 June 1927 concerning the legal hours of work
[C.M.D.T., November 1927, No. 117, p . 2201. — L.S., 1927, Arg. 5] (penalties, sec. 7).
Abbreviations : B.O = Boletín Oficial.
C.M.D.T. = Crónica mensual del Departamento Nacional del Trabajo.
AUSTRALIA
Commonwealth
Act No. 8 of 1912 concerning the payment of maternity allowances
[B.B., 1913, p . C I] amended by Act No. 48 of 1926 [Acts of Parliament of
the Commonwealth of Australia, 1926, p. 152] and by Act No. 34 of 1927
[Acts of Parliament, 1927, p. 105].
New South Wales
Mines Inspection Act of 1901 (underground work, sec. 26).
Coal Mines Regulation Act No. 37 of 1912 [B.B., 1915, p. 263] (underground work, sec. 41).

— 227 —
Factories and Shops Act No. 39 of 1912 [Statutes of New South Wales,
1912, p. 370. — B.B.,

1915, pp. 264 and LXXIII] amended by the Act of 1927

(17 Geo. V, No. 12) [L.S., 1927, Austral. 1] (hours of work, sees. 42, 44 and
46-50 ; dangerous and unhealthy work, sees. 37 and 41 ; maternity, see. 48 ;
minimum wage, sees. 67-68 ; special installations, sees. 26-27 ; supervision,
sees. 57, 69 and 70).
Family Endowment Act of 1927 (17 Geo. V, No. 39) [L.S., 1927, Austral. 4].
Industrial Arbitration Act No. 17 of 1912, amended by Act No. 14 of
1926 [both texts : L.S., 1926, Austral. 7, and appendix] (rates of wages,
sees. 5, 24, 26 A ; composition of boards, sec. 16).
Queensland
Factories and Shops Act of 1900-1920 [The Queensland Statutes]
Vol II, p. 1270, Vol. X I , p. 9161 and Vol. X I I , p. 10072, and L.L.Q., 1922,
(hours of work, sees. 46 and 54 ; dangerous and arduous work, sec. 40
seats, sec. 33).
Regulations under the Factories and Shops Act [L.L.Q., 1922, p. 139]_
Mines Regulation Act of 1910-1920 [L.L.Q., 1922, p. 450] (underground
work, see. 32).
Coal Mining Act of 1925 (16 Geo. V, No. 30) [L.S., 1925, Austral. 7]
(underground work, sec. 79 (3).
Inspection of Machinery Act of 1915 (6 Geo. V, No. 24) [L.L.Q., 1915,
Vol. X, p. 308].
Industrial Arbitration Act of 1916-1923 [Queensland Industrial Gazette,
September 1923, p. 548. — L.S., 1923,, Austral. 1] (powers of courts, sees.
4 and 8). .
Basic Wage Act of 1925 (16 Geo. V, No. 5) [L.S., 1925, Austral. 4]
(basic wage, sec. 2).
Industrial Conciliation and Arbitration Act of 1929 \L.S., 1929, Austral.
6] (basic wage, sec. 13 (3).
South Australia
Industrial Acts of 1920-1924 (11 Geo.V, No. 1453) [L.S., 1926 Austral. 1.
Appendix] (minimum wage, sees. 140, 167 (e) ; special installations, sees,
307 and 310 ; prohibited tasks, sees. 335, 336 and 346-350 ; hours of work,
sees. 340, 355-357 and 359).
Immigration Act of 1923, No. 1599 [L.S., 1923, Austral. 4] (wages of
girl immigrants, sec. 7).
Mines and Works Inspection Act No. 1444 of 1920 [Acts of Parliament,
1920] (underground work, sec. 17).
Tasmania
Factories Act of 1910 (1 Geo. V, No. 57) [B.B., 1913, p. 395] amended
by the Factories Act of 1911 (2 Geo. V, No. 43) and by the Act of 1917 (8 Geo.
V, 1917) (hours of work, sees. 36, 51 and 58-60 ; special installations, sees.
27 and 62 ; unhealthy work, sees. 42, 45, 47 and 49).
Mines and Works Regulation Act of 1915 (6 Geo. V, No. 41) (underground
work, sec. 29).
Wages Boards Act of 1920 (11 Geo. V, No. 51) amended by the Act of
1924 (14 Geo. V, No. 27) [L.S., 1924, Austral. 1] rates of wages, sec. 23).

— 228 —
Shops Act of 1925 (16 Geo. V, No. 29) [Acts of Parliament of Tasmania,
Vol. X X V I I I , P a r t II, p. 467] (hours of work, sec. 17 ; seats, sec. 18).
Victoria
Factories and Shops Act of 1915, amended and consolidated in 1928
(19 Geo. V., No. 3677) [Victorian Statutes, 1929, Vol. II, p. 392. — L.S., 1929,
Austral. 13] (hours of work, sees. 35, 38, 39, 117, 121 ; arduous, unhealthy
and dangerous work, sees. 40, 41, 43, 65, 66, 207 ; special installations,
sees. 36 (4) and 114 ; seats, sec. 107 ; minimum wage, sec. 145 (2) ; apprenticeship, seCi 190).
Regulations of 12 November 1928 issued under the Factories and
Shops Act (lead industries) [Victoria Government Gazette, No. .150 of 1928,
p. 2973. — L.S. 1928, Austral. 5] (prohibited tasks, sec. 32 b; special conditions, sec. 35).
Registration and Training of Midwives Act No. 3734 of 1919 [Victorian
Statutes, 1929, Vol. IV, p. 610].
Act No. 3737 of 1929 consolidating the Mines Act [ibid., Vol. IV, p. 725]
(prohibited tasks, sees. 403 and 409).
Act No. 3657 of 1929 consolidating the Coal Mines Regulation Act
[ibid., Vol. IV, p . 514] (Part 1, div. 1 restriction of employment).
Western Australia
Coal Mines Regulation Act of 1902, amended in 1926 [1. Edw. VII.
No. 25] (underground work, sec. 5).
Mines Regulation Act No. 36 of 1906, amended by Act No. 53 of 1915
(underground work, sec. 53).
Industrial Arbitration Act of 1912-1925 [L.S., 1925, Austral. 12] (basic
wage, sees. 92 and 121-124).
Factories and Shops Act of 1920 (11 Geo. V, No. 44), amended by Act,
No. 4 of 1922 (12 Geo. V, No. 38) and by Act ! No.41 of 1923 (14 Geo. V, No.
20) [L.S., 1923, Austral. 6] (Factories: hours" of work, sees. 31-34, 42-43 ;
minimum wage, sec. 45 ; homework, sees. 49-51 ; unhealthy and dangerous
tasks, sees. 54-58, 69 and 70 ; special installations, sees. 66, 67, 76-78 ;
maternity, sec. 68. Shops : hours of work, sec. 125 ; special installations,
sees. 126 and 153).
Women's Legal Status Act, No. 56 of 1923 (14 Geo. V, No. XXXV)
[Acts of Parliament, 1924, p. 61].
Inspection of Machinery Act of 1921, No. 11 of 1922 (12 Geo. V, No.
XLV) (prohibited tasks, sec. 15).
Papua
Natives (Non-Indentured Service) Ordinance, No. 11 of 1927 [L.S.
1927, Austral. 9] (conditions of employment, sees. 2, 5 and 7).
Abbreviation : L.L.Q. = The Labour Laws of Queensland.
AUSTRIA
Industrial Codes amended by the Act of 3 December 1917 [R.G.B1.,
No. 475] (maternity and dangerous and unhealthy work, sec. 94).
Orders issued in pursuance of section 94 :
Order of 29 May 1908 (stone quarries and lime, sand and gravel pits)
[R.G.B1., 1908, No. 116. — B.B., 1908, p. 137] (pregnancy, sec. 52).

— 229 —
Order of 8 March 1923 (lead and zinc smelting works and zinc white
factories), [B.G.B1., 1923, No. 42, p. 537. — L.S., 1923, Aus. 1A] (prohibited
tasks, sec; 12).
Order of 8 March 1923 (production of lead compounds, lead alloys and
lead articles) [L.S., 1923, Aus. IB] (prohibited tasks, sec. 7).
Order of 8 March 1923 (printing, lithography and typefounding)
[B.G.B1., 1923, No. 42, p. 550. — L.S., 1923, Aus. IC] (prohibited tasks,
sec. 9).
Order of 8 March 1923 (painting, varnishing and decorating) [B.G.B].,
1923, p. 557. — L.S., 1923, Aus. ID] (prohibited tasks, sec. 6).
Labour Courts Act of 27 November 1896, amended by the Act of 5
April 1922 [B.G.BL, 1922, No. 229, p. 443] (electorate and eligibility, sec. 11).
Act of 28 July 1902 regulating the work of salaried employees on
railways and connected establishments [R.G.Bl., 1902, No. 156] (maternity,
sec. 47 ; prohibited tasks, sec. 47).
Administrative Order of 2 February 1903 under the above Act [R.G.Bl.,
1903, No. 20] (specifying prohibited tasks).
Act of 19 December 1918 regulating conditions of work and wages in
home work [St.G.Bl., 1918, p. 225. — B.B., 1918, p. 12].
Act of 14 May 1919 prohibiting night work for women and young persons [A.N., 1919, p. 346. — B.B., 1919, p. 82].
Act of 28 July 1919 concerning the employment of young persons and
women, and also hours of work and the Sunday rest in the mining industry
{St.G.Bl., 1919, No. 406. — B.B., 1919, p. I l l ] (underground work and
pregnancy, sec. 1).
Domestic Servants Act of 26 February 1920 [St.G.Bl., No. 101. — L.S.,
1920, Aus. 18] amended by the Act of 26 March 1926 [B.G.B1., No. 72. —
L.S., 1926, Aus. 2].
Administrative Regulations of 6 March 1920 concerning the employment
of women and young persons in hotels and public houses [A.N., II, p. 243.
— L.S., 1920, Aus. 8].
Act of 11 May 1921 concerning the contract of service of private
employees [B.G.BL, No. 292. — L.S., 1921, I, Aus. 1] (maternity, sees.
8 and 9).
Labour Courts Act of 5 April 1922 [B.G.BL, No. 229] (electorate and
eligibility, sec. 11).
Act of 13 July 1922 concerning theatrical contracts of service [B.G.BL,
St. 92. — L.S., 1922, Aus. 3] (maternity, sees. 11 and 12 ; dissolution of
contract, sec. 31).
Act of 26 March 1926 concerning sanitary regulations for wet-nurses
[L.S., 1926, Aus. 1].
Salaried Employees' Insurance Act of 29 December 1926, amended by
the Act of 12 July 1928 [amended text : B.G.BL, 1928, No. 232. — L.S.,
1928, Aus. 4] (maternity, sees. 2, 8 and 13).
Workers' Insurance Act of 1 April 1927 [B.G.BL, 1927, No. 125. — L . S . ,
1927, Aus. 4] amended by the Act of 12 July 1929 [B.G.BL, 1929, No. 56. —
L.S., 1929, Aus. 5] (maternity, sees. 48, 54, 55 and 57).
Agricultural Workers' Insurance Act of 18 July 1928 [B.G.BL, 1928,
No. 235. — L.S., 1928, Aus. 6] (maternity, sec. 53).

— 230 —
Lower Austria
Provincial Act of 22 March 1921 : Agricultural Code [A.N., 1921,
p. 525. — L.S., 1921, Aus. 2] (maternity, sees. 26 and 27).
Upper Austria
Provincial Act of 10 March 1921 : Domestic and Agricultural Codes
[L.G.u.V.BL, 1921, No. 22. — L.S., 1921, Aus. 3A] (maternity, sec. 17).
Burgenland
Provincial Act of 14 January 1926 : Agricultural Workers' Code
[B.G.BL, 1926, No. 384, p. 1721. — L.S., 1926, Aus. 5] (maternity, sees. 16
and 23 (3) ; special leave, sec. 16).
Carinthia
Provincial Act of 1 June 1921 : Domestic and Agricultural Codes
[A.N., 1921, p . 606. — L.S., 1921, Aus. 3 B ] (maternity, sees. 10 and 17;
leave, sec. 10).
Salzburg
Provincial Act of 20 January 1922 : Agricultural, Forestry and Domestic
Codes [A.N., 1922, p. 222] amended by the Act of 19 May 1922 [A.N., 1922,
p. 377] (married women, sec. 9 ; maternity, sec. 12).
Steiermark
Provincial Act of 29 October 1921 : Domestic, Agricultural and Forestry Codes [A.N., 1922, p. 169] (maternity, sees. 19 and 20 ; leave, sec. 19).
Tyrol
Provincial Act of 29 May 1922 : Domestic, Agricultural and Forestry
Codes [A.N., 1923, p. 105] (conditions of work, sec. 15 ; pregnancy, sec. 19 ;
maternity, sec. 21).
Abbreviations:

A.N. = Amtliche Nachrichten des Bundesministerium
für soziale Verwaltung.
B.G.Bl. = Bundesgesetzblatt.
R.G.B1. = Reichsgesetzblatt.
St.G.Bl. = Staatsgesetzblatt.
L.G.u.V.Bl. = Landgesetz und Verordnungsblatt für
Oesterreich.
BELGIUM

Acts concerning the employment of women and children of 13 December
1899, 10 August 1911 and 26 May 1914 (co-ordinated text of 28 February
1919) [M.B., 7 March 1919. — B.B., 1919, p. 21].
Eight-hour Day Act of 14 June 1921 [M.B., 20-21 June 1921. — L.S.,
1921, Bel. 1] (sec. 31 supplements the preceding Act).
Order of 20 November 1906 prescribing special measures to be taken
in undertakings for the loading, unloading, repair and maintenance of
vehicles [M.B., 5 December 1906] (prohibited tasks, sec. 42).
Royal Order of 10 October 1923 [Revue du Travail, 1923, No. 10. —
L.S., 1923, Bel. 2 D] amended by the Order of 26 July 1929 [M.B., 1929,
No. 216 .— L.S., 1929, Bel. 1] extending the Act of 14 June 1921 to hotels»
restaurants and public houses (night work, sec. 4).

— 231 —Royal Order of 3 May 1926 concerning the employment of protected
persons in various industries [M.B., 10-11 May 1926. — L.S., 1926, Bel. 6 C]
(prohibited tasks, sees. 1, 3, 4 and 5) (repeals and replaces Orders of 19
February and 5 August 1895).
Order of 31 October 1928 prohibiting the employment of young persons
under eighteen years of age and women in painting work involving the use
of white lead or other white pigments containing lead [M.B., 1928, No. 316,
p. 4657. —L.S., 1928, Bel. 6].
Order of 22 February 1930 prescribing special measures to be taken
in industries for the manufacture of glue and gelatine and in rag-sorting
workshops [M.B., 1930, No. 61] (prohibited tasks, sec. 2).
Act of 10 March 1900 concerning the contract of labour [M.B., 14 March
1900] (capacity of married women, sees. 29-39 and 41).
Act of 25 June 1905 concerning the provision of seats for shop employees
[M.B., 11 July 1905].
Act of 17 July 1905 concerning the Sunday rest [M.B., 26 July 1905]
amended by the Act of 24 July 1927 [M.B., 1927, No. 223. — L.S., 1927,
Bel. 6] (women under 21 years of age, sees. 9 and 10).
Act concerning mines, pits and quarries (co-ordinated text of 15 September 1919) [M.B., 3 March 1920] (underground work, sec. 54).
Royal Order of 9 August 1920 concerning places of entertainment
[M.B., 12 August 1920] (seats for the staff, sec. 14).
Act of 7 August 1922 concerning the contract of employment |M.B.,
1922, Nos. 228, 229. — L.S., 1922, Bel. 2] (maternity, sec. 8 ; withdrawal
from contract, sec. 19 ; capacity of married women, sees. 2.5 and 32).
Act of 9 July 1926 concerning probiviral courts [M.B. 1926, No. 200220. — L.S., 1926, Bel. 10] (participation, sees. 11 and 12).
Act of 14 April 1928 requiring the insertion in the specifications for
State undertakings of a clause respecting the grant of family allowances
[M.B., 1928, No. I l l , p. 1889. — L.S., 1928, Bel. 3].
Act of 4 August 1930 extending the system of family allowances [M.B.,
1930, No. 247, p. 4792 — L.S., 1930, Bel. 9].
Abbreviation : M.B. = Moniteur Belge.
BOLIVIA
Supreme Decree of 21 September 1929 concerning the protection of
women and children in industry [Boletin de la Dirección general de Sanidad
Publica, No. 2, December 1929, p. 154. — L.S., 1929, Bol. 2 A].
Administrative Regulations under the above Decree (no date) [ibid.,
No. 3, March 1930, p. 217. — L.S., 1929, Bol. 2 B].
BRAZIL
.Decree No. 10107 of 30 July 1923 approving the regulations for the
engagement of domestic servants [L.S.A.L., Vol. I, p. 160].
Regulations of the National Public Health Office of 18 October 1924
[L.S.A.L., Vol. I, p. 142] (maternity, sees. 345-350).

— 232 —
BULGARIA
Act respecting the health and safety of workers, confirmed by Royal
Decree of 5-18 April 1927 [B.B., 1918, p. 26] (definition of night ; night
work, sec. 18 ; unhealthy and dangerous work, sees. 14 and 15 ; maternity,
sec. 21).
Regulations No. 2834 of 1919 concerning hours of work [Official Journal
of Bulgaria, No. 68, 30 June 1919] (special exceptions).
Regulations concerning compulsory labour service by young women,
approved by Order V of 8 March 1922, Journal No. 21 [L.S. 1922, Bulg. 1].
Social Insurance Act of 6 March 1924 and Regulations of 25 June 1924
[L.S., 1924, Bulg. 1] (maternity, sec. 21).
CANADA
Alberta
Mines Act [Revised Statutes of Alberta, 1922, chap. 190, Vol. I l l ,
p . 2409] (employment prohibited, sec. 6 (5).
Minimum Wage Act (for women) of 10 April 1925 (15 Geo. V, chap. 23)
[L.S. 1925, Can. 2] amended by the Act of 21 March 1928 (18 Geo. V, chap.
39) [L.S., 1928, Can. 1].
Factories Act of 1926 (16-17 Geo. V, chap. 52) [L.S., 1926, Can. 1]
(minimum wage, sec. 20 ; seats, sec. 22 ; dangerous work, sees. 32 and 33).
Coal Mines Regulation Act, 1930 [Statutes of Alberta, 1930, chap. 24,
p. 129] (employment prohibited, part II).
Sex Disqualification (Removal) Act, 1930, 21 March 1930 [Statutes of
Alberta, chap. 62, p. 309].
British Columbia
Minimum Wage Act (for women) of 1918 [St. of B.C. 1918, chap. 56.
p. 161[ amended by the Act of 7 March 1927 (17 Geo. V, chap. 43) [L.S.,
1927, Can. 3].
Maternity Protection Act of 1921 [St. of B.C., 1921, chap. 37, p. 407].
Women's and Girls' Protection Act of 1923 [St. of B.C., 1923, chap. 76,.
p. 425].
Coal Mines Regulation Act [R.St, of B.C., 1924, chap. 171, Vol. I I ,
p. 2207] (employment prohibited, sec. 4).
Metalliferous Mines Inspection Act [R.St, of B.C., 1924, chap. 172,
Vol. II, p. 2261] (underground work, sec. 31 (15).
Factories Act [R.St, of B.C., 1924, chap. 84] amended by the Act of 7
March 1927 [St. of B.C., 1926-1927, p. 69] (hours of work and conditions of
employment, sees. 8 and 12 ; register, sec. 67).
Abbreviations:

St. of B.C. = Statutes of British Columbia.
R.St, of B.C. = Revised Statutes of British Columbia.

Manitoba
Manitoba Factories Act [R.St, of M., 1913, chap. 70, p. 1051] (conditions of employment and hours of work, sec. 15).
Shops Regulation Act [R.St, of M., 1913, chap. 180, p. 2637] and later
amendments [Consolid. Amend., 1924, chap. 180, p. 1336] (hours of work,
sec. 20 (3) ; breaks, sec. 24 ; seats, sec. 23).

— 233 —
Act to prevent the employment of female labour in certain capacities
[Statutes, 1913, chap. 19, p. 44. — B.B., 1914, p. 128] (prohibiting employment by Orientals).
Mines Act [R.St, of M., 1913, chap. 128, Vol. II, p. 1627] amended by
the Act of 1927 [St. of M., 1927, chap. 38, p. 93] (powers to regulate, sec.
sec. 49 A (d).
Minimum Wage Act of 1920, chap. 38 [Laws in Canada, 1926, p. 513]
amended in 1925 (15 Geo. V, chap. 35) [St. of M., 1925, p. 109].
Abbreviations : St. of M. = Statutes of Manitoba.
R.St, of M. = Revised Statutes of Manitoba.
New Brunswick
Factories Act (10 Geo. V, chap. 54) [N.B.St., 1920, chap. 54] amended
by the Act of 1924 (14 Geo. V, chap. 7) [N.B.St., 1924, p. 247] and by the
Act of 1928 (18 Geo. V, chap. 20) [N.B.St., 1928, p. 49] (hours of work, sees.
4. 6 and 8 ; seats, sec. 9 ; dangerous work, sees. 10 and 12 ; inspection, sec.
15 (2).
Abbreviation : N.B.St. = New Brunswick Statutes.
Nova Scotia
Factories Act of 1901 [R.St, of N.S., 1923, chap. 160, Vol. II, p. 1416]
(conditions of employment ; dangerous and unhealthy tasks, sees. 9 and
15 ; hours of work, sees. 17 and 18 ; breaks, sec. 16 ; inspection, sec. 28).
Act to provide for an enquiry respecting hours of labour of women
employed in industrial occupations, and other matters relating to such
employment, and respecting mothers' pensions and allowances, 17 May 1919
[St. of N.S., 1919, chap. 26, p. 165].
Minimum Wage for Women Act of 1920 (10 and 11 Geo. V, chap. 11)
amended by the Act of 1924 (14 and 15 Geo. V, chap. 57) [L.S., 1924, Can.
4] and by the Act of 1931 [St. of N.S., 1931, chap. 57, p. 156. — L.S., 1931,
Can. 8].
Abbreviation : R.St, of N.S. = Revised Statutes of Nova Scotia.
Ontario
Minimum Wage Act of 1920 [R.St, of O., 1920, chap. 87].
Factory, Shop and Office Building Act [R.St, of O., 1927, chap. 275]
amended by the Act of 1929 [St. of O., 1929, chap. 72. Both texts : L.L.C.,
1928, p. 351] (hours of work. sees. 32 and 34 ; special installations, sees. 30
and 39 ; accommodation, sec. 40 ; dangerous work, sees. 53-54 ; employment by Asiatics, sec. 30).
Mining Act of 1930 [St. of O., 1930, chap. 8] (prohibited tasks, sec.
154 (2).
Abbreviations : St. of O. = Statutes of Ontario.
. R.St, of O. = Revised Statutes of Ontario.
L.L.C. = Labour Legislation of Canada.
Quebec
Industrial Establishments Act [S.R.Q.. 1909, 3829-3866] amended in
1925 [S.R.Q., 1925, chap. 182] (hours of work, sees. 4 and 15-17).
Industrial Establishments Regulations (seats, sec. 93 ; personal equipment, sec. 103).

— 234 —
Professional Syndicates (Trade Unions) Act of 1924 (15 Geo. V, chap.
112) [L.S., 1924, Can. 3] (membership of married women, sec. 3).
Quebec Mining Act [S.Q.R., 1925, chap. 80] (employment prohibited,
sec. 147).
Women's Minimum Wage Act [S.R.Q., 1925, chap. 100] amended by
the Act of 1926 (16 Geo. V, chap. 33) [L.S., 1926, Can. 3] and by the Act
of 1930 [Statuts de Québec, 1930, chap. 46].
Abbreviation : S.R.Q. = Statuts refondus de la Province de Québec.
Saskatchewan
Factories Act [R.S.S., 1930, chap. 220] (hours of work, sees. 11 (1) and
(3) ; 12 (2) ; dangerous work, sec. 15 ; exemptions, sec. 32).
Mines Act [R.S.S., 1920, chap. 178] (employment prohibited, sec. 10).
Minimum Wage Act [R.S.S., 1920, chap. 186] amended by the Act of
1922 [Statutes of 1922, chap. 72].
Female Employment Act of 1926 (16 Geo. V, chap. 53) [Statutes, 19251926, chap. 53. — L.S., 1926, Can. 4].
Abbreviation: R.S.S. = Revised Statutes of Saskatchewan.
CHILE
Decree No. 178 of 13 May 1931 approving the Labour Code \ which
consolidates labour Acts and Decrees [D.O., 6 July 1931, p. 3448, and 28 May
1931, p. 2575. — L.S., 1931, Chüe 1] (equal wage, sec. 35 ; wage of married
women, sees. 38 and 123 ; minimum wage, sees. 43-45 ; night work, sec. 48 ;
arduous and unhealthy work, sees. 49 and 247 ; home work, sees. 52 and 60 ;
accident pension, sees. 287, 288 and 301 ; domestic work, sees. 61-74 ;
maternity, sees. 162 and 307-321 ; seats, sees. 333-335 ; trade union membership, sees. 362 and 366 ; participation in arbitration and conciliation
boards, sec. 504).
Texts not consolidated in the Labour Code :
Sickness and Invalidity Insurance Act No. 4054 ; final text promulgated by Supreme Decree No. 34 of 22 January 1926 [D.O., 3 March 1926. —
L.S., 1926, Chile 1. — L.SA.L., Vol. I, p. 299] (maternity, sec. 15c).
Organic Regulations of the General Labour Directorate, approved by
Decree No. 195 of 21 March 1925 [L.S.A.L., Vol. I, p . 307] (powers, sec. 11 ;
inspectresses, sec. 18).
Decree N o . 217 of 30 April 1926 approving the industrial hygiene and
safety regulations [D.O., 4 May 1926. — L.S., 1926, Chile 2. —
L.SA.L.,
Vol. I, p. 251] (prohibited tasks, sec. 13).
1
The chief Acts and Decrees mentioned in the text which have been
consolidated in this Code are :
Act No. 2951 of 25 November 1917 concerning seats; Act No. 4053
of 8 September 1924 concerning the contract of employment ; Act No. 4056
of 1 December 1924 concerning conciliation and arbitration boards ; Trade
Unions Act No. 4057 of 29 September 1924 ; Legislative Decree No. 2100 of
31 December 1924 concerning labour courts ; Legislative Decrees No 24
of 4 October 1924 and No. 272 of 24 February 1925 concerning night work
in bakeries ; Legislative Decree No. 442 of 6 April 1925 concerning the
welfare of working mothers and concerning crèches ; Legislative Decree
No. 857 of 11 November 1925 concerning private employees (excepting
Chapters V a n d VI).

— 235 —
Legislative Decree No. 226 of 15 May 1931 concerning the organisation
and direction of health services [D.O., No. 16014, 6 July 1931, p. 3473]
(welfare of mothers and children, Part I I , sees. 40-47).
Abbreviation : D.O. = Diario Oficial.
CHINA
Order No. 308 of 5 May 1923 concerning the prevention of accidents
to miners [L.S., 1923, Chin. 3] (prohibited tasks, sec. 8).
Decree No. 349 of 12 May 1923 concerning the treatment of miners
[L.S., 1923, Chin. 2] (prohibited tasks, sec. 6).
Factory Act of 30 December 1929 [Labour Laws of China, 1929, p . 10
— L.S., 1929, Chin. 2] and administrative regulations of 16 December 1930
[L.S., 1930, Chin. 2] (conditions of employment, sees. 5-7 ; night work,
sec. 13 ; maternity, sec. 37 ; wages, sec. 24).
COLOMBIA
Social Hygiene and Public Relief Act No. 15 of 31 January 1915 [D.O.,
9 February 1925. — L.S.A.L., Vol. I I , p . 22] (day nurseries, sees. 51 and 52).
Child Welfare Act No. 48 of 29 November 1924 [L.S.A.L., Vol. II, p . 35.
— L.S., 1924, Col. 1] (factory crèches, sec. 2).
Act No. 36 of 22 October 1926 making the provision of seats in certain
establishments compulsory [D.O., 1926, No. 20332, p. 161. —- L.S.A.L.,
Vol. II, p. 13].
Act No. 73 of 15 November 1927 to amend Act No. 83 of 12 November
1923 instituting a General Labour Office \L.S.A.L., Vol. II, p. 46] (employment of women, sec. 8).
Act No. 124 of 1928 for the encouragement of national economy [Leyes
expeditas, 1928, p. 254] (creation of Institute of Working Women, sec. 6).
Decree No. 162 of 1929 issuing regulations under Act No. 124 of 1928
[D.O., 15 February 1929, p . 377] (organisation of the Institute of Working
Women, sees. 1 and 5).
Abbreviation : D.O. = Diario Oficial.
CUBA
Immigration Act of 3 August 1917 [G.O., 4 August 1917] amended by
the Act of 18 May 1922 [G.O., 23 May 1922] (work reserved for women,
sec. 5).
Decree No. 2303 of 18 November issuing administrative regulations
under the above Act [G.O., 19 November 1925. — L.S., 1925,' Cuba 1]
(reserved work in general ; maternity, sec. 11).
Abbreviation : G.O. = Gaceta Oficial.
CZECHOSLOVAKIA
Act of 19 December 1918 concerning the eight-hour working day
[S.d.G.u.V., No. 91. — B.B., 1919, p. 26] (breaks, see. 5 ; night work, sees.
8 and 9).
Order of 11 January 1919 in pursuance of the above Act [S.d.G.u.V.,
1919, No. 11. — B.B., 1919, p. 31] (night work, sees. 4 and 5).

— 236 —
Circular of 21 March 1919 in pursuance of the above Act [G.Z., 4751 I I I ,
19. — B.B., 1919, p. 34].
Act of 12 J u n e 1924 issuing regulations for the protection of the life
and health of persons employed in painting, varnishing and decorating
[S.d.G.u.V., 1924, No. 137. — L.S., 1924, Cz. 1] (employment prohibited,
sec. 3).
Act of 3 J u l y 1924 concerning the partial prohibition of wet-nursing
[S.d.G.u.V., 1924, No. 85. — L.S., 1924, Cz. 3].
Employees' Insurance Act of 9 October 1924 [S.d.G.u.V., 1924, No. 112.
— L.S., 1924, Cz. 4] (maternity, sec. 95).
Public Employees' Insurance Act of 15 October 1925 [S.d.G.u.V., 1925,
No. 93. — L.S., 1925, Cz. 5] (maternity, sees. 6 and 8).
Act of 24 June 1926 concerning the conditions of service of public
officials and State employees [S.d.G.u.V., 1926, No. 103] (maternity, sec. 145).
Territory formerly under Austrian rule
Austrian Industrial Code (maternity ; dangerous and unhealthy work,
sec. 94).
Act of 21 J u n e 1884 concerning the employment of young persons and
women in the mining industry [R. G. BL, No. 115] (underground work and
maternity, sec. 1).
Order of 29 May 1908 concerning work in stone quarries and lime, sand
and gravel pits [R.G.B1., 1908, No. 116. — B.B., 1908, p. 137] (prohibited
tasks, sec. 52).
Order of 7 February 1907 concerning the protection of the health of
workers in the building trade [R.G.BL, 1907, No. 24] (prohibited tasks,
sec. 40).
Order of 23 August 1911 concerning the life and health of workers
employed in printing, lithography and type-casting [R.G.BL, 1911, No. 169
— B.B., 1911, p . 246] (prohibited tasks, sec. 7 ; dangerous work, sec. 6).
Slovenia and Subearpathian Russia
Industrial Code of 10 October 1924 [S.d.G.u.V., 1924, No. 259] (notification of employment, sec. 19 ; itinerant work, sec. 80 ; power to regulate,
sec. 102 ; maternity, sec. 131).
Order of 26 May 1925 concerning work in stone quarries and sand and
gravel pits [S.d.G.u.V., 1925, No. 116] (prohibited tasks, sec. 52).
Order of 26 May 1925 concerning the protection of the health of workers
in the building trade [S.d.G.u.V., 1925, No. 117] (prohibited tasks, sec. 40).
Order of 26 May 1925 [S.d.G.u.V., 1925, No. 125] amended by the Order
of 25 June 1926 S.d.G.u.V., 1926, No. 94] concerning the protection of the
life and health of workers employed in printing, lithography and type
casting (prohibited tasks, sec. 7).
Abbreviations : G.Z. = Gerichtszeitung.
S.d.G.u.V. = Sammlung der Gesetze und Verordnungen Tschechoslowakischen Republik, or Sbirka
zákonu a naTizeni.
R.G.BL = Reichsgesetzblatt Oesterreichs.

— 237 —
DENMARK
Factories Act No. 143 of 29 April 1913 [B.B., 1913, p. 324] (dangerous
work, sees. 16 and 23 ; maternity, see. 29).
Act No. 155 of 8 June 1912 concerning work in bakeries [B.B., 1913,
p. 272] (maternity, sec. 12).
Act No. 144 of 10 May 1915 concerning recognised sickness funds,
amended by the Act of 6 May 1921 [L.S., 1921, Den. 2] and by the Act of
14 July 1927 [L.S., 1927. Den. 6 B] (maternity, sec. 23).
ECUADOR
Act of 6 October 1928 concerning the employment of women and young
persons and maternity protection [R.O., No. 763,7 October 1928. — L.S.A.L.,
Vol. II, p. 240] (night work, see. 6 ; unhealthy and dangerous work, sees. 7
and 8 ; accidents, sec. 10 ; maternity, sees. 12-16).
Act of 6 October 1928 concerning maximum hours of work and the
weekly rest [R.O., No. 763, 7 October 1928. — L.S.A.L., Vol. II, p . 236]
(definition of night work, sec. 5).
Act of 6 October 1928 concerning the individual contract of employment
[R.O., No. 763, 7 October 1928. — L.S.A.L., Vol. II, p. 229] (contract and
wages of married women, sec. 18).
Abbreviation : R.O. = Registro Oficial.
ESTONIA
Sickness Insurance Act of 23 June-6 July 1912 (former Russian Act)
[B.B., 1913, p. 129] (maternity, sees. 126 (1), 155 (2) and 155 (3).
Act of 20 May 1924 concerning the employment of children, young
persons and women in industrial undertakings [R.T., No. 68, p . 458. — L.S.,
1924, Est. 1].
Social Welfare Act of 19 June 1925 [R.T., 1928, No. 89, p. 1006. — L.S.,
1928, Est. 3 B] (crèches, secs. 16 and 73).
Order of 13 September 1926 concerning the employment of women
in industrial undertakings at night [R.T., No. 71, p. 873. — L.S., 1926,
Est. 2 C].
Order of 19 October 1928 concerning the organisation of crèches and
kindergartens in connection with factories and works [R.T. 1928, No. 16,
p. 521. — L.S., 1928, Est. 3 A]
Act of 25 May 1928 concerning the use of white lead in painting [R.T.,
9 June 1928. — L.S., 1928, Est. 2] (prohibited tasks, sec. 4).
Abbreviation:

R.T. = Riigi Teataja.
FINLAND

Order of 4 April 1914 concerning protection from dangers connected
with industrial occupations [P.F.S., 1914, No. 10. —. B.B., 1914, p. 215]
(special installations, sec. 5 ; notification of employment and conditions,
sec. 16).
Order of 18 August 1917 concerning work in industrial and certain
other undertakings [A.Ï., 1917, p. 253. — B.B., 1918, p. 35] (arduous and
dangerous work, sec. 5 ; maternity, sec. 17 ; notification of employment,
sec. 19 ; posting of notices, see. 21)..

— 238 —
Act of 24 October 1919 concerning commercial assistants [F.F.S., 1919,
No. 132. — L.S., 1920, Fin. 2] (maternity, sec. 10 ; seats, sec. 12).
Act of 1 J u n e 1922 concerning contracts of employment [F.F.S., 1922,
No. 141. — L.S., 1922, Fin. 1] (married women, see. 8 ; maternity, sec. 31).
Industrial Inspection Act of 4 March 1927 [F.F.S., 1927, No. 72. — L.S.,
1927, Fin. 1 A] (women inspectors, sec. 1).
Decision of the Council of State of 4 March 1927 concerning the administration of the above Act [F.F.S., 1927, No. 73 — L.S., 1927, Fin. 1 B]
(women inspectors, sees. 9 and 10-13).
Resolution of 29 September 1927 issuing regulations for the blasting*
cutting and dressing of stone [F.F.S., No. 260. — L.S., 1927, Fin. 4] (arduous
work, sec. 38).
Resolution of 15 November 1927 issuing regulations for house building
[ F : F . S . , 1927, No. 381. — L.S., 1927, Fin. 2 E] (employment of women,
sees. 6 and 35).
Resolution of 15 November 1927 issuing regulations for workplaces in
the rubber goods industry [F.F.S., 1927, No. 380. — L.S. 1927, Fin. 2 D]
(prohibited tasks, sec. 25).
Act of 28 March 1930 prohibiting the employment of young women
on certain tasks connected with loading and unloading [F.F.S., 1930,
No. 105, p. 384].
Abbreviations : F.F.S. = Finlands Författningssammling.
A.T. = Arbetsstatistik Tidskrift.
FRANCE
Labour Code :
Book I, text of Act of 28 December 1910 [J.O., 30 December 1910]
with later amendments and additions.
Contract of apprenticeship, P a r t I (women under age, sees. 5 and 14).
Hire of services, P a r t II, Chap. II, § I I I ; women during confinement,
sees. 29 and 29a, amended by the Act of 17 J u n e 1913 [J.O., 1913, p . 5254. —
B.B., 1913, p. 294] and by the Act of 4 January 1928 [J.O., 5 January 1928,
p. 155. — L.S., 1928, Fr. 1].
Wages, Part III, chap. 1, § 1. Wages of women workers engaged in
homework in the clothing industry, secs. 33-33w, established by the Act
of 10 July 1915 and amended by the Act of 14 December 1928 [J.O., 1928,
No. 296, p . 13014. — L.S., 1928, Fr. 11].
Supplementary texts :
Administrative Decree of 24 September 1915 [B.M.T., p. 85. — B.B.,
1916, p. 1] amended by the Decree of 10 April 1929 [J.O., 1929, No. 89,
p. 4450].
Decree of 10 August 1922 for the extension of the above provisions to
other forms of home work [J.O., 22 August 1922, p. 8728. — L.S., 1922,
Decree of 30 July 1926 for the extension of the above provisions to
other forms of home work [J.O., 1926, No. 182, p. 8907. — L.S., 1926, Fr. 8].
Labour Code :
Part I I I , chap. IV : wages of married women, sec. 78, supplemented
by the Act of 13 July 1907 concerning the independent wages of married
women and the contributions of husbands and wives to household expenses
[J.O., 16 July 1907. — B.d.L., 1907, No. 2863, p. 937].

— 239 —
Book II, text fixed by Act of 26 November 1912 [J.O., 30 November
1912] with later amendments and additions :
Part I : Conditions of labour — hours, chap. II, sees. 14-19, amended
by the Act of 30 June 1928 [J.O., 1928, No. 156, p. 7334].
Night work, chap. I l l , sees. 21-29, amended by the Act of 24 January
1925 [J.O., 1925, No. 22, p. 994. — L.S., 1925, Fr. 1].
Weekly rest and holidays, chap. IV, sees. 40, 41, 43, 48, 52, 53.
Supplementary texts
Decree of 29 April 1913 : list of establishments in which the weekly
rest for women and children may be suspended under sees. 45, 46 and 47
of Book I I of the Labour Code [B.d.L., 1913, No. 104, p . 911].
Decree of 30 June 1913 [B.d.L., 1913, No. 108, p. 1551] amended by
the Decree of 5 May 1928 defining the allowances and exceptions contemplated in sees. 17, 24, 25 and 26 of Book II of the Labour Code [J.O., 1928,
No. I l l , p. 5198. — L.S., 1928, Fr. 10].
Labour Code :
Rest for women after confinement and for nursing mothers, chap. IVtt,
sees. 54 (a) to 54 (e), established by the Act of 17 June 1913 [J.O., 19 J u n e
1913. — B.d.L., 1913, No. 108, p. 1379] and by the Act of 5 August 1917
[B.B., 1918, p. 47].
Supplementary texts :
Act of 17 June 1913 concerning rest for women after confinement,
amended by the Act of 2 December 1917 [B.B., 1918, p. 49].
Decree of 17 December 1913 in pursuance of the Act of 17 June 1913
[Labour Code, Dalloz, 1928, p. 346].
Act of 24 October 1919 concerning relief for women after confinement
[Labour Code, Dalloz, 1928, p. 431].
1
Act of 30 July 1913 fixing the general budget [Labour Code, Dalloz,
1928, p. 56] (maternity allowances, sees. 68-75) supplemented by the Finance
Act of 30 April 1921 [J.O., 1 May 1921, p. 5220] (nursing allowances, sees.
93-95). Both Acts amended by the Budget Act of 1930-1931 [J.O., 17 April
1930, p. 4231] (sees. 168-169).

Act of 15 March 1910 concerning maternity leave for women teachers
[Labour Code, Dalloz, 1928. p. 6].
Act of 13 July 1911 fixing the general budget (ibid., p. 6) (maternity
leave for women in the postal, telegraph and telephone service, sec. 140).
Act of 19 March 1928 granting and withholding credits from the general
budget [J.O., 1928, No. 68, p. 3023] (maternity leave for women employees
of other administrative services, sec. 42).
Decree of 11 March 1926 in pursuance of sees. 54b to 54e of Book II
of the Labour Code concerning nursing mothers in industrial and commercial
undertakings [J.O., 1926, No. 64, p. 3385. — L.S., 1926, Fr. 3].
Social Insurance Act of 5 April 1928 [J.O., 1928, No. 87, p. 4086. —
L.S., 1928, Fr. 9] amended by the Act of 30 April 1930 [J.O., 1930, No. 104,
p. 4819. — 1930, Fr. 5] (maternity benefits, sec. 9).
Circular of the Minister of Labour of 21 March 1931 concerning maternity insurance [J.O., 22 March 1931, p. 3224].

— 240 —
Decree of 30 November 1930 concerning the rights of insured persons
working short time to sickness and maternity benefits under the Social
Insurance Act [J.O., 1930, No. 284, p. 13305]. '
Labour Code : Book II, chap. V : underground work, sec. 55.
P a r t I I : Health and Safety of Workers, chap. I I : special provisions
concerning the employment of young persons and women, sees. 71-76 (sec.
72 amended by the Act of 7 December 1926) [J.O.. 1926, No. 285. p. 12818.
— L.S., 1926,' Fr. 10 B].
Supplementary texts :
Decree of 28 December 1909 concerning the employment of women
and children in industry and commerce : limits the weights that may be
carried, hauled or pushed by children or women [J.O., 30 December 1909. —
B.B., 1910, p. 230] supplemented by the Decree of 26 October 1912 [J.O.,
5 November 1912. — B.B., 1913, p. 287].
Decree of 21 June 1913 regulating the employment of women and
young persons a t stands outside shops (J.O., 22 June 1913. — B.d.L., No.
108, p . 1428].
Decree of 21 March 1914 concerning employments which are dangerous
for children and women [B.M.T., Vol. X X I , p. 37. — B.B., 1915, p. 103]
amended by the Decree of 24 September 1926 [J.O.. 1926, No. 228, p. 10808.
— L.S., 1926, Fr. 10] and bv the Decree of 8 August 1930 [J.O., 1930,
No. 190, p. 9407. — L.S., 1930, Fr. 13].
Labour Code, Book II, Part III : Labour Inspection : posting of notices,
sees. 82, 85, 91 ; women inspectors, sec. 100 ; superior and departmental
committees, sees. 112-119, penalties, sees. 163-164a.
Labour Code, Book I I I : Industrial Associations. Text established
by Act of 25 February 1927 [J.O., 1927, No. 50, p. 2483. — L.S., 1927,
Fr. 3] (participation of married women, sec. 5).
Labour Code, Book IV : Jurisdiction ; conciliation and arbitration ;
trade representative. Text established by the Act of 21 June 1924 [J.O.,
1924, No. 170, p . 5578. — L.S., 1924, Fr. 3] (electorate and eligibility to
probiviral courts, sees. 22 and 23 ; participation on conciliation committees
and arbitration boards, sec. 115 ; membership of advisory labour councils,
sec. 129).
Supplementary texts :
Decree of 31 January 1921 amending the constitution of the Superior
Labour Council [J.O., 1921, No. 35, p. 1640. — L.S., 1921, Fr. 2] (participation, sec. 8).
Decree of 16 January 1925 constituting a National Economic Council
f J.O., 1925, No. 14, p. 698. — L.S., 1925, Fr. 3] (participation, sec. 6).
Act of 13 December 1926 issuing a Seamen's Code [J.O., 1926, No. 291,
p. 13018. — L.S., 1926, Fr. 13] (signing on married women, sec. 118).
Abbreviations : J.O.
= Journal officiel.
B.d.L. = Bulletin des lois.
B.O.T. = Bulletin de l'Office du travail.
B.M.T. = Bulletin du Ministère du travail.
French Possessions and Protectorates
Algeria
Decree of 19 January 1915 for the application to Algeria of Book I of
the Labour Code (text of 28 December 1910) [J.O., 20 January 1915. —
B.d.L., 1915, p. 91].

— 241 —
Decree of 25 August 1919 for the application of section 29a of Book I
of the Labour Code [B.d.L., 1915, No. 256, p. 2751].
Decree of 15 January 1921 for the application of Book I I of the Labour
Code (text of 26 November 1912) [J.O., 1921, No. 47, p. 2043. — L.S.,
1921, Fr. 1] (sees. 54a-54e excepted).
Decree of 14 February 1921 for the application of certain administrative
regulations under Book I I of the Code, including the Decrees of 29 April 1913
(weekly rest), 21 June 1913 (outdoor stalls) and 30 June 1913 (hours of
work and night work).
Morocco
Dahir of 13 July 1926 issuing regulations for employment in industrial
and commercial establishments [B.O.P.M., 7 September 1926, p. 1689. —
L.S., 1926, Mor. 1] (hours, breaks, sees. 5-6 ; night work, sees. 10-12 and 15 ;
maternity, sees. 18-19 ; underground work, sec. 20 ; dangerous and unhealthy
work, sees. 28-30) ; amended by Dahir of 22 May 1928 [B.O.P.M., 1928,
NoJ 818, p . 1710. — L.S., 1928, Mor. 2A],
Order of the Vizier of 25 December 1926 concerning the weights which
may be carried, drawn or pushed by children and women [B.O.P.M., 1927,
No. 741. p. 15. — L.S., 1926, Mor. 4].
Order of the Vizier of 21 January 1927 concerning dangerous employments prohibited for children and women [B.O.P.M., 1927, No. 750. p. 474.
— L.S., 1927, Mor. 2A].
Order of the Vizier of 7 July 1928 t o define the allowances and exceptions contemplated in respect of the rest periods, hours of work and employment at night of women and children [B.O.P.M., 1928, No. 828, p. 1987. —
L.S., 1928, Mor. 2B].
Abbreviation : B.O.P.M. = Bulletin officiel du Protectorat de la République française au Maroc.
Tunis
Decree of 15 June 1910 concerning employment in industrial and commercial establishments [J.O. of Tunis, 22 June 1910. — B.B., 1916, p . 5]
(night work, sec. 9 ; shifts, sec. 10 ; underground work, sec. 12 ; dangerous
and unhealthy work, sec. 15 ; maternity, sees. 17 and 18 | seats, sec. 19).
French Colonies
French Equatorial Africa
Order of 28 October 1924 t o prohibit the employment of pregnant
women and nursing mothers [J.O. of French Equatorial Africa, 1924, No. 21,
p. 708. — L.S., 1925, Fr. 8, Appendix].
French West Africa
Order of 29 March 1926 for the administration of the Decree of 22 October 1925 to regulate native labour in French West Africa [J.O. of French
West Africa, 3 April 1926, p . 304. —L.S. 1926, Fr. 12 A] (maternity, sec. 42).
Guadeloupe
Decree of 4 September 1913 for the application of Book I of the Labour
Code [B.M.T., 1913, p. 121*] (maternity, former sec. 29).
Decree of 7 September 1913 for the application of Book I I of the Labour
Code [B.M.T., p. 122*] (hours of work and breaks, sees. 6-11 and 15; night
work, sees. 12-14 ; dangerous and unhealthy work, sees. 25-27 ; seats, sec. 30).

— 242 —
French Guiana
Decree of 7 February 1924 for the application of Book I of the Labour
Code [J.O., 1924, No. 40, p. 1465. — L.S., 1924, Fr. 2A] (maternity, former
sec. 29).
Decree of 7 February 1924 for the application of Book I I of the Labour
Code [J.O., 1924, No. 40, p. 1466. — L.S., 1924, Fr. 2 B] (hours of work
and breaks, sees. 6-11 and 15 ; night work, sees. 12-14 ; dangerous and
unhealthy work, sees. 25-27 ; maternity and underground work, sec. 15 ;
seats, sec. 30 ; posting of notices and penalties, sees. 31, 32, 47-53 and 61).
French Indo-China
Order of 25 October 1927 for the protection of native and alien Asiatic
labour employed under contract in agricultural, industrial and mining
undertakings [J.O., 1927, No. 90, p. 3033. — L.S., 1927, Fr. 11 A] (emigration, sec. 2 ; special protective measures, sees. 83-85).
Order of 19 December 1927 making the Order of 25 October 1927
temporarily applicable to Kouang-Tcheou-Wan [Gouvernement général de
l'Indo-Chine.
Réglementation du travail en Indo-Chine. — Textes en vigueur
au 1 e r juillet 1929, p. 139].
Madagascar and Dependencies
Decree of 22 September 1925 to regulate native labour [J.O., 1925,
No. 229, p. 9488. — L.S., 1925, Fr. 11] (minimum wage, sees. 14 and 24 ;
night work, sec. 27).
Martinique
Decree of 2 March 1912 for the application of Book I of the Labour Code
[B.B., 1913, p. 280] (maternity, former sec. 29).
Decree of 12 February 1913 for the application of Book I I of the Labour
Code [B.d.L., 1913, p. 205. — J.O., 20 February 1913. — B.B., 1916, p. 74]
(hours of work and breaks, sees. 6-11 and 15 ; night work, sees. 12-14 ; dangerous and unhealthy work, sees. 25-27 ; seats, sec. 30).
Order No. 684 of 20 June 1927 to specify the various kinds of employment which involve danger or excessive exertion or are prejudicial to morality, and are prohibited for children under the age of eighteen years and
women [J.O. de la Martinique, 1927, No. 27, p . 368. — L.S., 1927, Fr. 10 A].
New Caledonia and Dependencies
Decree of 5 October 1927 for the application of Book I of the Labour
Code [J.O., 1927, No. 36, p. 10517. — L.S., 1927, Fr. 13 A] (maternity,
former sec. 29 and sec. 29a).
Decree of 12 July 1928 for the application of the Act of 4 January 1928
concerning rest for women after confinement [J.O., 1928, No. 167, p. 8008]
(sec. 29 amended).
Decree of 5 October 1927 for the application of Book I I of the Labour
Code [J.O., 1927, No. 236, p. 10518. — L.S., 1927, Fr. 13 B] (hours and
breaks, sees. 6-11 and 15 ; night work, sees. 12-14 ; maternity and underground work, sec. 15 ; dangerous and unhealthy work, sees. 24-26 ; seats,
sec. 29 ; penalties, sec. 60).
French Establishments in Oceania
Order of 24 March 1924 to regulate the conditions of engagement of
industrial and agricultural workers other than those subject to the immigra-

— 243 —
tion regulations [J.O. of the Establishments in Oceania, 1924, No. 7, p. 104.
— L.S., 1924, Fr. 4] (arduous tasks and maternity, sec. 17; reunion of
families, sec. 18).
Standard labour contract for emigrant workers in the Pacific colonies
[Gouvernement général de l'Indo-Chine.
— Règlement du travail en IndoChine ; textes en vigueur au 1 e r juillet 1929, pp. 51-58] (maternity, sees. 8
and 20 ; arduous work, sec. 8 ; wages, sec. 9 ; clothing, sec. 18).
Réunion (Island of)
Decree of 22 May 1916 for the application of Book I of the Labour Code
[B.M.T., June 1916, p. 77*] (hours and breaks, sees. 6-11 and 15 ; night
work, sees. 12-14; dangerous and unhealthy work, sees. 26-28; seats, sec. 31).
Order of 16 December 1924 determining health and safety measures
for establishments covered by labour regulations [J.O. de la Réunion, 26
December 1924] (special conditions, sees. 21-22, 29, 30, 32, 34 (4) ; dangerous and unhealthy work, tables A and C).
French Somaliland
Order of 7 March 1929, amended by the Order of 25 June 1929 regulating
the employment of women coffee sorters in the town of Djibouti [J.O. des
Somalíes, July 1929, p. 131[.
GERMANY
Industrial Code of 26 July 1900 [R.G.BL, 1900, p. 871] amended by the
Act of 28 December 1908 [R.G.BL, 1908, No. 63, p. 667. — B.B., 1908,
p . 335] (hours of work, night work, notification of employment, prohibited
tasks, sees. 137-1396 ; mining work, sec. 154a).
Notification No. 2920 of 30 January 1903 concerning the manufacture
of contraceptives, urinary appliances and suspensories [R.G.BL, 1903,
No. 2, p. 3] (prohibited tasks, sees. 1 and 2).
Notification No. 3616 of 31 May 1909 [R.G.BL, 1909, p. 471. — B.B.,
1909, p. 165] and Notification No. 3959 of 20 November 1911 [R.G.BL, 1911,
No. 61, p. 955. — B.B., 1912, p. 5] concerning work in stone quarries and
stone-cutting enterprises (prohibited tasks, sec. 10).
Notification No. 3683 of 25 November 1909 concerning establishments
where chicory is prepared [R.G.BL, 1909, No. 60, p . 968. — B.B., 1910,
p. 75] (prohibited tasks, sec. 1).
Notification No. 3962 of 24 November 1911 concerning sugar factories,
sugar refineries and undertakings for extracting sugar from molasses [R.G.BL,
1911, No. 62, p. 958. — B.B., 1912, p. 6] (prohibited tasks, sees. 1, 2 and 3).
Notification No. 4152 of 13 December 1912 respecting the installation
and working of zinc smelting and zinc ore roasting works [R.G.BL, 1912,
No. 66, p. 564. — B.B., 1913, p. 107] (prohibited tasks, sec. 9).
Notification No. 4318 of 8 December 1913 concerning brick works and
works for the manufacture of Dinas bricks, chamotte firebricks and other
chamotte products [R.G.BL, 1913, No. 70, p. 777. — B.B., 1914, p. 160]
(prohibited tasks, sec. 1 a, b, c, d).
Order of 27 January 1920 concerning establishments for the manufacture of lead colours and other lead compounds [R.G.BL, No. 18, p. 109. —
L.S., 1920, Gier. 4] (employment prohibited, sec. 10).
Order of 27 May 1930 concerning protection against lead poisoning in
painting work [R.G.BL, 1930, I, p. 183. — L.S., 1930, Ger. 4] (prohibited
tasks, sec. 6).

— 244 —
Order of 26 March 1930 (replacing the Order of 20 May 1912) concerning
the employment of young workers and women in forges and rolling mills
[R.G.BL, 1930, I, p. 104. — L.S., 1930, Ger. 2 B].
Order of 26 March 1930 (replacing the Order of 9 March 1913) concerning
the employment of young workers and women in the glass industry [R.G.BL,
1930, I, p. 105. — L.S., 1930, Ger. 2 C].
Order of 30 January 1931 (supplementing the Order No. 3998 of 23
December 1911) concerning undertakings using Thomas furnaces and
storing Thomas slag or powder [R.G.BL, 1931, I, No. 4, p. 17. — L.S., 1931,
Ger. 2] (prohibited tasks, sec. 7).
Order of 23 November 1918, No. 36546 concerning hours of work in
bakers' and pastrycooks' establishments, amended by the Act of 16 July
1927 [R.G.BL, 1927, I, No. 31, p. 183. —- L.S., 1927, Ger. 7] (breaks, sec. 1).
Order No. 6548 of 23 November 1918 concerning the regulation of hours
of work in industry, supplemented by Order No. 6591 of 17 December 1918
[R.G.BL, 1918, pp. 1134 and 1436] (night work, sec. V, as amended).
Order of 23 December 1918 concerning collective contracts, committees
of wage-earning and salaried employees and conciliation in labour disputes
[R.G.BL, 1918, p . 1456. — L.S., 1923, Ger. 2] (participation, sec. 16).
Works Councils Act of 4 Februarv 1920 [R.G.BL, 1920, p. 147. —
L.S., 1920, Ger. 1] amended by the Act of 12 May 1920 [R.G.BL, 1920,
p. 961. — L.S., 1920, Ger. 11 F] (participation, sees. 20 and 22).
Handicraft Courts (Probiviral Councils) Act of 14 January 1922
[R.G.BL, 1922, No. 9, p. 155] (participation, sees. 31 and 32).
Act of 23 January 1923 concerning declarations that collective contratcsare generally binding [R.G.BL, 1923 p. 67. — L.S., 1923, Ger. 2] (participation, sec. 16).
Home Industry Act, amended text of 30 June 1923 [R.G.BL, I, p. 472.
— L.S., 1923, Ger. 4] (special provisions, sec. 6 (2) ; representation on committees, sees. 22 and 24).
Order of 28 November 1924 concerning trade committees for home
workers [R.G.BL, 1924, I, No. 72, p. 757. — L.S., 1924, Ger. 9] (participation, sec. 5).
Order of 13 February 1924 concerning compulsory social relief [R.G.BL,
No. 12, p. 100] (maternity, sec. 32).
Federal Principles concerning the forms and scope of compulsory
social relief, 4 December 1924, amended and re-issued on 1 August 1931
[R.G.BL, 1931, I, p. 441] (maternity, sees. 6c and 12).
Federal Insurance Code, promulgated by Order of 15 December 1924
[R.G.BL, I, No. 75. — L.S., 1924, Ger. 10] amended by the Act of 9 July
1926 [R.G.BL, 1926, I, p. 407. — L.S., 1926, Ger. 4 B.] and by the Act of 18
May 1929 [R.G.BL, I, No. 21, p. 98. — L.S., 1929, Ger. 4] (maternity,
sees. 195a- 200).
Labour Courts Act of 23 December 1926 [R.G.BL, 1926, I, No. 68,
p. 507. — L.S., 1926, Ger. 8] (participation, sees. 21 and 24).
Hours of Work Order, issued by notification of 14 April 1927 [R.G.BL,
1927, I, No. 18, p. 110. — L.S., 1927, Ger. 2] (overtime, sec. 9).
Supplement of 29 April 1927 to the Administrative Regulations of 17
April 1924 under the Hours of Work Order [R.G.BL, 1927, I, No. 19, p. 114.
— L.S.-, 1927, Ger. 2 D] (passage concerning sec. 14 of the Order : breaks).

— 245 —
Act of 16 July 1927 concerning employment before and after childbirth, amended by Act of 29 October 1927 [R.G.B1., 1927, I, No. 31, p. 184,
and No. 47, p. 325. — L.S., 1927, Ger. 8 A and B].
Act of 16 July 1927 concerning employment exchanges and unemployment insurance [R.G.B1., 1927, I, No. 32, p. 187. — L.S., 1927, Ger. 5]
(representation, sec. 14 ; placing, sec. 61 ; maternity, sec. 95 (5).
Act of 12 October 1929 amending the preceding Act [amended text :
R.G.BL, 1929, I, p. 162. — L.S., 1929, Ger. 5] and later amendments by
Orders of the President of 26 July 1930 [R.G.BL, 1930, I, p. 311], 5 J u n e
1931, Part I I I [R.G.BL, 1931, I, p. 379] and 6 October 1931, P a r t I I [R.G.BL,
1931, I, p. 537] (married women, sec. 107 d).
Abbreviation : R.G.BL = Reichsgesetzblatt.
GREAT BRITAIN
Factory and Workshop Act, 1901 (Bdw. VII, chap. 22) [P.G.A., 1901,
p. 8] supplemented by the Act of 1907 (laundries) (7 Bdw. VII, chap. 39)
[P.G.A., 1907, p. 192. — B . B . , 1907, p. 265] (hours of work and breaks, sees.
23-53 ; maternity, sees. 61 and 103 ; meals, sees. 33 and 78 ; dangerous
work, sees. 12 and 13 ; unhealthy work, sees. 76 and 79-86 ; penalties,
sec. 137).
Orders issued under the Factory and Workshop Act :
Order No. 809 of 13 October 1908 concerning the overtime employment
of women [S.R.O., 1908, p. 330. — B.B., 1908, p. 372].
Regulations No. 17 of 28 January 1907 for the manufacture of paints
and colours [S.R.O., 1907, p. 139. — B.B., 1907, p. 34] (prohibited tasks,
sec. 3).
Regulations No. 484 of 20 June 1908 for the casting of brass [S.R.O.
1908, p. 333. — B.B., 1909, p. 86] (prohibited tasks, sec. 3).
Regulations No. 752 of 12 August 1911 for the smelting of materials
containing leads, the manufacture of red or orange lead and the manufacture of flaked litharge [S.R.O., 1911, p. 55. — B.B., 1911, p. 263] (prohibited
tasks, sec. 10).
Regulations No. 361 of 11 April 1912 for bronzing with-dry metallic
powders in letterpress printing, lithographic printing and coating of metal
sheets [S.R.O., 1912, p. 148] (special provisions, sec. 4a).
Regulations No. 2 of 2 January 1913 for the manufacture and decoration of pottery [S.R.O., 1913, p. 131. — B.B., 1913, p. 371] (prohibited
tasks, Part I, sec. 1).
Indiarubber Regulations No. 329 of 31 March 1922 [S.R.O., 1922, p.
268. — L.S., 1922, G.B. 2 A] (prohibited tasks, Part I, sec. 1 a and b).
Chemical Works Regulations No. 731 of 11 July 1922 [S.R.O., 1922,
p. 255. — L.S., 1922, G.B. 2] (separate ambulance rooms, sec. 12 ; seats,
sec. 15 ; the Regulations of 9 August 1913 for the manufacture of Chromate
and bichromate of potassium and sodium were revoked).
Electric Accumulator Regulations No. 28 of 19 January 1925 [S.R.O.,
1925, p. 337. — L.S., 1925, G.B. 2] (prohibited tasks, sec. 1, ii).
Woollen and Worsted Textiles (Lifting of Heavy Weights) Regulations
No. 1463 of 18 November 1926 [S.R.O., 1926, p. 549. — L.S., 1926, G.B. 9].
Metalliferous Mines Regulation Act, 1872 (35-36 Victoria, chap. 77)
[Revised Statutes, 1872-1875, p. 221] (underground work, sec. 4).

— 246 —
Trades. Boards Act, 1909 (9 Edw. VII, chap. 22) [P.G.A., 1909, p. 91.
— B.B.. 1910, p . 23], amended by the Act of 1918 (8 and 9 Geo.'V, chap. 32)
[P.G.A., 1918, p . 101] (minimum rates, sees. 4-10 ; participation, sees.
11 (2) and 13 (2).
Coal Mines Act, 1911 (1-2 Geo. V, chap. 50) [P.G.A., 1911, p. 242]
(underground work, sec. 91 ; employment at surface, sec. 92).
Shops Act, 1912 (2 Geo. V, chap. 3) [P.G.A., 1912-1913, p. 7. — B.B.
1912, p. 247] (seats, sec. 3).
Sex Disqualification (Removal) Act, 1919 (9-10 Geo. V, chap. 71)
[P.G.A., 1919, p . 325].
Women and Young Persons (Employment in Lead Processes) - Act.
1920 (10-11 Geo. V, chap. 62) [P.G.A., 1920, p. 373. — L.S., 1920, G.B. 10],
Employment of Women, Young Persons and Children Act, 1920 (employment at night) (10-11 Geo. V., chap. 65) [P.G.A., 1920, p. 380. — L.S.
1920, G.B. 9].
National Health Insurance Act, 1924 (14-15 Geo. V, chap. 38) [P.G.A.,
1924, p. 283. —- L.S., 1924, G.B. 6] amended by the Act of 1928 (18-19
Geo. V, chap. 14) [P.G.A., 1928, p. 43. — L.S., 1928, G.B. 2] (maternity,
sec. 14 ; contributions, sec. 7 ; married women, sec. 56 ; membership of
committees, sees. 48 (3), 112 (3) and 123 (1).
Abbreviations:

P.G.A. = Public General Acts.
S.R.O. = Statutory Rules and Orders.
British Colonies

Antigua
Ordinance No. 8 of 1928 for the protection against lead poisoning of
persons employed in painting buildings (assented to 9 July 1928) [L.S.,
1928, Ant. 1] (employment prohibited, sec. 4).
Borneo-Brunei
Indian Immigration Enactment No. 14 of 1924 (maternity).
Borneo-Sarawak
Netherlands Indian Labourers' Protection Order No. 3 (maternity,
sees. 23 and 24).
British North Borneo
Female Domestic Service Ordinance No. 2 of 1930 (Ordinance and,
Rules, 1930, No. 8).
Notification No. 341 of 21 August 1930 under the above Ordinance
[ibid., p. 86].
British Guiana
Mining Regulations 1931, No. 327 [The Official Gazette (extraordinary)
of British Guiana, 15 September 1931, p. 825] (underground work, sec. 113).
Ceylon
Employment of Women, Young Persons and Children Ordinance,
No. 6 of 1923 (L.S., 1923, Ceyl. 1].

— 247 —
Federated Malay States
Labour Code 1923 [Government Gazette, 25 August 1923. —
1923, F.M.S. 1] (maternity, sees. 74-75).

L.S.,

Mining Enactment Rules No. 19 of 1928 [Enactments of the Federated
Malay States, 1928, p. 121] (underground work, rule 20).
Gold Coast Colony
Mining Rights Regulations 1928 [Edition of Laws 1928, chap. 107]
(underground work, sec. 110 (2).
Masters and Servants Ordinance 1928 [Edition of Laws, 1928, chap.
101] (night work, sees. 54-57).
Hong Kong
Ordinance No. 22 of 1922, as amended by the Industrial Employment
of Women, Young Persons and Children Ordinance No. 24 of 1929 \L.S.,
1922, H.K. 1, and 1929, H.K. 2].
Notiflcation No. 627 of 3 December 1929 issued under sec. 3 of Ordinance No. 22 of 1922 [H.K.G.G., 1929, No. 56, p. 624 — L.S., 1929, H.K. 3]
(dangerous work and night work).
Notiflcation No. 245 : Regulations of 17 April 1930 under sec. 3 of
Ordinance No. 22 of 1922, amending Notiflcation No. 627 of 3 December
1929 [H.K.G.G., 1930, No. 18, p. 160].
Female Domestic Service Ordinance No. 1 of 1923, as amended by
Ordinance No. 22 of 1929 (H.K.G.G., 1929, No. 51, p. 557. — L.S., 1923,
H.K. 1, and 1929, H.K. 1].
Notiflcation No. 568 of 7 November 1929 : Regulations under sec. 12
of Ordinance No. 1 of 1923 [H.K.G.G., 1929, No. 52, p. 577] and Notification
No. 273 of 7 May 1930 [H.K.G.G., 1930, No. 20, p. 174].
Abbreviation : H.K.G.G. = Hong Kong Government Gazette.
Kenya
Ordinance No. 36 of 1930 to consolidate and amend the law relating to
native liquor [The Official Gazette of Kenya, No. 47, p. 2263] (employment
of women in connection with sale, sec. 23).
Malta
Factories Regulation Act, 1926, No. X X I [L.S., 1926, Malta 1] (maternity, sec. 4 ; hours of work, sec. 6 ; breaks, sec. 7).
Nigeria
Labour Ordinance, 1929, No. 1 [L.S., 1929, Nig. 1] (night work, sees. 36
and 39).
Non-Federated Malay States
Johore
Labour Code, 1924 (maternity, sees. 74 and 75).
Kedah
Labour Code, 1345 (1927) (maternity, sees. 48 and 49).

— 248 —
Kelantan
Indian Immigration Enactment, 1927 (maternity, sees. 49 and 50).
Perils
Labour Code, 1345 (1927) (maternity, sees. 48 and 49).
Northern Rhodesia
Employment of Natives Ordinance, 1929 [L.S., 1929, N.R. 1] (pregnancy, sec. 44).
Straits Settlements
Labour Ordinance No. 14 of 1923 [L.S., 1923, S.S. 1] (maternity, sees.
28 and 29).
Female Domestic Servants Ordinance, 1925, No. 23 of 1925 [L.S.,
1925, S.S. 1].
Trinidad and Tobago
Ordinance No. 13 of 1912 relating to the employment of women in
industrial undertakings, 26 February 1912 [B.B., Vol. VIII, p. 45].
GREECE
Act No. 4029 of 24 January-6 February 1912 concerning the work of
women and minors [B.B., 1912, p. 285].
Royal Decree of 14-27 August 1913 concerning the administration of
Act No. 4029 [B.B., 1914, p . 219].
Royal Decree of 25 September-8 October 1913 concerning the employment of women in fish-preserving factories and workshops.
Act No. 2274 of 1 July 1920 for the ratification of the Convention
concerning the employment of women before and after childbirth [Official
Bulletin of the I.L.O., Vol. II, No. 1, p. 19].
Decree of 18 December 1926 concerning the employment of women
and young persons (tobacco industry) [L.S., 1926, Gr. 2].
GUATEMALA
Labour Act, promulgated by Decree No. 1434 of 30 April 1926 [E.G.,
13 May 1926, p. 89. — L.S., 1926, Guat. 1] (night work, dangerous and
unhealthy work, work on the streets, accidents, chap. V, sees. 23-29 ; maternity, chap. VI, sees. 30-39).
Decree of 20 February 1929 approving the rules of the Child Welfare
Society [E.G., 1929, No. 2, p. 5] (day nurseries).
Abbreviation : E.G. = El Guatemalteco.
HUNGARY
Mines Act published by Imperial Order of 23 May 1854 [Oesterreichisches Reichsgesetzblatt, 1854, No. 146] (mining authorities empowered to
regulate employment of women, sec. 200).
Act No. X I I of 1922 to amend the Industrial Act embodied in Act
No. X V I I of 1884 [L.S., 1922, Hung. 1] (powers to regulate employment
of women.)

— 249 —
Order No. 155102 of 30 December 1930 under sec. 57 of Act No. X I I
of 1922 to restrict the employment of women in hotels, boarding houses,
restaurants, cafés, dairies and confectioners' shops [B.K., 28 January 1931,
p. 5. — L.S., 1930, Hung. 6].
Act No. X X I of 3 August 1927 concerning compulsory sickness and
accident insurance [O.T., 10 August 1927. — L.S., 1927, Hung. 1] (maternity, sees. 30-32, 40-43, 46 and 50).
Act No. V of 12 January 1928 concerning the protection of children,
young persons and women employed in industry [O.T., 21 January 1928.
— L.S., 1928, Hung. 1].
Order No. 150443 of 30 December 1930 concerning the enforcement of
sees. 1-3, 8, 12-16, 18-20, 22-24 and 30 of Act No. V of 1928 and the administration of the penal provisions relating thereto [B.K., 28 January 1931,
p. 1. — L.S., 1931, Hung. 5].
Order No. 139428, XI-1930 of 5 December 1930 concerning the safety
and health of workers employed in stone quarries, clay, sand and gravel
pits and slate quarries [B.K., 12 December 1930, p. 2. — L.S., 1930, Hung. 3].
Abbreviations:

B.K. = Budapesti Kôslôny.
O.T. = Orazagos ïôrvénytàr.
INDIA

Indian Factories Act, 1911, amended by Act No. II of 1922 [L.S., 1922,
Ind. 1], by Act No. IX of 1923 [L.S., 1923, Ind. 2], and by Act No. X X V I
of 1926 [Consolidated text, L.S., 1926, Ind. 2] (dangerous and unhealthy
work, sees. 19, 19B and 20 and appendix ; night work, sees. 24, 29, 32A,
51 and 56 ; special installations, sec. 26 ; hours of work, sec. 87).
Indian Mines Act No. IV of 1923 [L.S., 1923, Ind. 3] and Amending
Act No. X I I I of 1928 [L.S., 1928, Ind. 1] (powers to regulate employment
of women, sec. 29j).
Notification of the Department of Industries and Labour, No. M. 1055 :
regulations for prohibiting the employment of women underground in
mines, 7 March 1929 [L.S., 1929, Ind. 1].
Provinces
Assam
Factories Rules, 1923 (overtime, sec. 60).
Bengal
Factories Rules, 2 July 1923 [L.S., 1923 Ind. 2 B] (hours of work,
sees. 61 and 64).
Bombay
Maternity Benefit Act, 23 May 1929 [Bombay Labour Gazette, May
1929, p. 870].
Central Provinces
Maternity Benefit Act No. 4 of 1930 [Bombay Labour Gazette, April
1931, No. 8, p. 789].
Madras
Factories Rules, 1923 (overtime, sec. 64).

— 250 —
Punjab
Factories (Amended) Rules, 17 October 1922 [L.S., 1922, Ind. 4)
(overtime, sec. 87).
IRISH F R E E STATE
.The following British Acts have remained in force unchanged in the
Irish Free State :
Metalliferous Mines Regulation Act, 1872.
Factory and Workshop Acts, 1901 and 1907.
Trade Boards Act, 1909, as amended by Act of 1918.
Shops Act, 1912.
Women and Young Persons (Employment in Lead Processes) Act, 1920.
Employment of Women, Young Persons and Children Act, 1920
(employment a t night).
For all these texts, see under " Great Britain ".
The following legislation applies to the Irish Free State only :
Act No. 2 of 26 June 1923 to amend and adopt the National Health
Insurance Acts of 1911 to 1921 [P.G.A. of S.E., 1923, p. 573. — L.S., 1923,
I.F.S. 1].
Act of 1911 [1 and 2 Geo. V, chap. 55) [P.G.A. of U.K., 1911, p. 337]
(maternity, sees. 8, 12, 14 and 18-20).
Act of 1913 (3 and 4 Geo. V. chap. 37) [P.G.A. of U.K., 1913, p. 244]
(maternity, sees. 14. and 15 ; married women, sec. 20).
Act of 1918 (7 and 8 Geo. V, chap. 62) [P.G.A of U.K., 1917-1918,
p. 213] (equalisation funds, sees. 2 and 3 ; maternity, sec. 11, married
women, sec. 22).
Act No. 42 of 1929 to amend the National Health Insurance Act [P.G.A.
of S.E., 1929, p . 413. — L.S., 1929, I.F.S. 2] (married women, see. 15).
Abbreviations:

P.G.A. of U.K. = Public General Acts of the United
Kingdom of Great Britain and Ireland.
P.G.A. of S.E.. = Public General Acts of Saorstat Eireann.
ITALY

Act concerning the cultivation of rice, included in the codified text
of the Health Act, 1907, No. 636 [B.B., 1908, p . 180] (maternity, sec. 82).
Act concerning the employment of women and children, codified text
approved by Royal Decree No. 818 of 10 November 1907 [G.U., 16 January
1908. — B.B., 1907, p. 578].
Legislative Decree No. 748 of 15 March 1923 amending the codified
text of the Act concerning the employment of women and children (G.U,.
1 May 1923, p. 3478. — L.S., 1923, It. 4].
Administrative Regulations No. 1136 of 6 August 1916 under the Act
concerning the employment of women and children [G.U., 15 September
1916].

— 251 —
Royal Decree No. 1563 of 22 August 1925, containing additions t o
table A of sec. 36 of Regulations No. 1136 of 6 August 1916 concerning t h e
industries in which the employment of children and women under age is
forbidden [G.U., 15 September 1925].
Royal Decree No. 530/809 of 14 April 1927 approving the General
Industrial Hygiene Regulations [G.U., 25 April 1927] (special installations,
sees. 27-29, 35 and 37 ; carrying weights, sec. 39 ; day nurseries, sec. 34).
Royal Decree No. 2157 of 24 September 1923 approving the codified
text of the Act concerning the Maternity Fund [G.U., 1923, No. 248, p. 6474.
— L.S., 1923, It. 3].
Legislative Decree No. 1825 of 13 November 1924 concerning the contract of employment of salaried employees [G.U., 1924, No. 273, p. 4107.
— L.S., 1924, It. 3] (Maternity, sees. 6, 9 and 10).
Legislative Decree No. 850 of 13 May 1929 concerning the protectù m
of women workers and salaried employees during pregnancy and confinement
[G.U., 6 June 1929, No. 131, p. 2538].
Royal Decree No. 1358 of 28 August 1930 for the enforcement of Legislative Decree No. 850 [G.U., 1930, No. 236, p. 4107].
Royal Decree No. 3158 of 30 December 1923 concerning compulsory
insurance against unemployment [G.U., 1924, No. 34, p. 623. — L.S., 1923,
It. 10] (unemployment benefits during confinement).
Decree No. 99 of 14 January 1926 : regulations concerning the staff
of the postal, telegraph and telephone service in case of sickness or accident
[G.U., No. 25 of 1926, p. 427] (maternity, sees. 12 and 13).
Royal Decree No. 1848 of 6 November 1926 to approve the consolidated
text of the Acts concerning public safety [G.U., 6 November 1926, p. 4822.
— L.S., 1926, It. 6] (prefects empowered to regulate employment in public
houses, sec. 99).
Royal Decree No. 312 of 18 February 1930 to approve the regulations
concerning the cultivation of rice in the Province of Rome [G.U., 1930,
No. 90, p. 1438] (maternity, sec. 14).
Abbreviation:

G.U. = Gazetta Ufficiale.
JAPAN

Factory Act No. 46 of 28 March 1911 as amended by Act No. 33 of 29
March 1923 [L.S., 1923, Jap. 1] and by Act No. 21 of 1929 [L.S., 1929, J a p . 1]
(hours of work, sec. 3 ; night work, sees. 4 and 8 ; breaks, sec. 7 ; dangerous
work, sec. 9 ; unhealthy work, sees. 10 and 11 ; maternity, sec. 12).
Imperial Ordinance No. 153 of 5 June 1926 for the administration of
the Factory Act [L.S., 1926, Jap. 1 B] (maternity, sees. 16 and 27 (a) ; compensation for accidents, sees. 7, 11 and 16 ; dangerous and unhealthy work,
sec. 30).
Ordinance No. 13 of 7 June 1926 to amend the Regulations for the
administration of the Factory Act [L.S., 1926, Jap. 1 C] (hours, sees. 3 and 4 ;
dangerous and unhealthy work, sees. 5, 6 (VI, VII), and 7 ; maternity,
sees. 9, 9 (a) and 10).
Regulations of 1916 for the employment and relief of miners, amended
by Ordinance No. 17 of 24 June 1926 [L.S., 1926, J a p . 2 B] and by Ordinance
No. 30 of 1 September 1928 [L.S., 1928, J a p . 1] (hours of work, sees. 6, 6 (a)
and 11 ; night work, sees. 7-10 ; underground work, sees. 11 (a) and 12 ;
maternity, sees. 15 and 16 ; compensation for accidents, sees. 20 and 23 ;
notices, sec. 35 and additional provisions).

— 252 —
Sickness Insurance Act No. 70 of 22 April 1922 [L.S., 1922, J a p . 3]
amended by Act No. 34 of 27 March 1926 [L.S., 1926, J a p . 4 B] (maternity,
sec. 50).
Ordinances No. 243 of 30 June 1926 and No. 36 of 1 July 1926 for the
administration of the Sickness Insurance Act [L.S., 1926, Jap. 4 C and D]
(maternity, sees. 61, 63 and 68).
Ordinance No. 36 of 29 November 1924 of the Department of Home
Affairs, concerning the recruiting of workers [L.S., 1924, Jap. 3] (recruiting
of women, sec. 12 (iv).
LATVIA
Hours of Work Act of 24 March 1922 [L.K.' 5 May 1922, p. 139. —
L.S., 1922, L a t . 1] amended by the Act of 26 April 1924 [L.K., 15 May 1924.
p. 95. — L.S., 1924, Lat. 1] (maternity, sees. 12 and 16 ; arduous or unhealthy
work, sec. 12 and note ; employment in public houses, sec. 11).
Order of 13 September 1923 concerning the hours of work of railway
employees [L.K., 28 September 1923, p. 299. — L.S., 1923, Lat. 2] (maternity and dangerous and unhealthy work, sec. 11).
Act of 2 October 1924 concerning amendments and additions to the
Penal Code [L.K., 16 October 1924, p. 228. — L.S., 1924, Lat. 2] (infringements concerning women, sec. 366).
Sickness Insurance Act of 10 July 1930, as amended on 6 October 1930
[L.K., 1930, No. 14, p. 223. — L.S., "1930, Lat. 3] (maternity, sees. 35 and
46-48).
Abbreviations : L.K, = Likumu un minestru kabineta noteikumu krajums.
LITHUANIA
Former Russian Imperial Code of 1895 [Collection of Laws of the Russian Empire, Vol. X I , Part II] (night work, sees. 122-126).
Labour Inspection Act No. 1228 of 14 November 1924 [V.Z., 1925,
No. 179. — L.S., 1924, Lith. 3] (protection of women, sec. 6 (2).
Regulations for the administration of Act No. 1228 [V.Z., 25 September
1925. — L.S., 1925, Lith. 2] (protection of women, sec. 20 (5); night work,
sec. 8).
Act No. 1236 of 28 November 1924 concerning public holidays and
rest days [V.Z., 1925, No. 181. — L.S., 1924, Lith. 4] as amended by Act No.
2447 of 1930 [V.Z., 1930, No. 328. — L.S., 1930, Lith. 1] (nightly rest for
domestic servants, sec. 12).
Sickness Funds Act of 9 December
1925, Lith .3] as amended by the Act
No. 237. — L.S., 1926, Lith. 1 B] and
1928, No. 273. — L.S., 1928, Lith. 1]
54-59).

1925 [V.Z., 1925, No. 227. — L.S.,
of 28 September 1926 [V.Z., 1926,
by the Act of 14 May 1928 [V.Z.,
(maternity, sees. 16, 23-27, 42 and

Act No. 2057 of 1929 concerning the engagement of agricultural workers
[V.Z., 1929, No. 306. — L.S., 1929, Lith. 2] (pregnancy, sec. 13 ; breach
of contract, sec. 28 (2).
Act of 6 November 1926 concerning hours of work in bakers' and pastrycooks' establishments (applying to Memel Territory) [Amtsblatt des Memelgebiets, No. 123, p. 772. — L.S., 1926, Lith. 3] (breaks, sec. 1 (2).
Abbreviations : V.Z. = Vyriausybes Zinios.

— 253 —
LUXEMBURG
Act of 6 December 1876 concerning the employment of women and
children [A.G.L., 1930, p. 220].
Act of 30 April 1890 regulating underground and surface work in mines
and work in quarries [A.G.L., 1930, p . 247] (employment forbidden, sec. 2).
Act of 3 August 1907 concerning the Berne Convention on the night
work of women [A.G.L., 1930, p. 240] and Order of 10 December 1907
promulgating the said Convention [A.G.L., 1930, p. 241].
Act of 21 August 1913 concerning the weekly days of rest for employees
and workmen [A.G.L., 1930, p. 261. — B.B., 1914, p. 106] (special exceptions,
seer 9).
Order of 14 December 1918 concerning the eight-hour day [Mém. 1918,
No. 80. — B.B., 1919, p. 67] (reference to the Act of 6 December 1876, sec. 2).
Act of 31 October 1919 regulating the engagement of salaried employees
[Mém., 15 November 1919, p. 1243] (holidays, sec. 8).
Order of 14 May 1921 and 26 May 1930 approving the regulations for
the staff of the Luxemburg railways [Mém., No. 35 of 1921, p. 587, and No.
24 of 1930, p. 433] (holidays sees. 9, 13 and 38).
Order oí 28 August 1924 concerning the health and safety of persons
employed in industrial and commercial undertakings [A.G.L., 1930, p. 289.
— L.S., 1924, Lux. 2 B ] (special installations, sees 6, 8, 9, 11 and 1 2 ;
dangerous work, sec. 17).
Act of 4 April 1924 concerning the establishment of elective trade
chambers [A.G.L., 1930, p. 775. — L.S., 1924, Lux. 1] (electorate and eligibility, sees. 6 and 9 ; powers of chambers, sec. 41).
Order of 8 May 1925 concerning the institution of workers' committees in
industrial establishments [Mém., 1925, No. 21, p. 208. — L.S., 1925, Lux. 1]
(electorate and eligibility, sees. 4 and 5).
Act of 17 December 1925 concerning the Social Insurance Code [Mém.,
1925, No. 63, p. 877. — L.S., 1925, Lux. 2] (maternity, sees. 12 and 13).
Act of 5 March 1928 to ratify the Washington Convention concerning
the employment of women before and after childbirth and the employment of women during the night [A.G.L., 1930, pp. 191 and 244].
Order of 26 April 1930 concerning mines, pits and quarries [Mém.,
1930, No. 20, p. 365. — L.S., 1930, Lux. 2] (underground work, sec. 199),
Abbreviations : A.G.L. = Das Arbeitsrecht in Grossherzogtum Luxemburg.
Mém. = Mémorial du Luxembourg.
MEXICO (United States of)
Constitution of 1917 (conditions of labour, Art. 123).
Federal Labour Act of 18 August 1931 [Diario Oficial, 28 August 1931,
second section, p. 1. — L.S., 1931, Mex. 1] (contracts, sees. 19, 21 and 22
(ii, v, vi) ; hours of work, sees. 69 and 76 ; nightwork, sec. 76 ; maternity,
sees. 79, 94 and 110 ; wages, sees. 22 (v) and 86 ; dangerous and unhealthy
work, sees. 22 (ii), 76, 102 (v) and 107-109 ; trade union membership,
sec. 241).
State of Jalisco
Decree No. 2308 of 13 August 1923 concerning the Labour Act of thé

— 254 —
State of Jalisco [El Estado de Jalisco, Vol. XCV, No. 22, p. 257 ; No. 23,
p. 273; No. 24, p. 293. — L.S., 1923, Mex. 1] (night work, sees. 8, 31 and
41 ; maternity, sec. 9 ; dangerous and unhealthy work, sec. 8).
NETHERLANDS
Mines Regulations of 22 September 1906 as amended by Decrees of 13
October 1916, 9 February 1917 and 7 October 1922 [Sbl., 1906, No. 248 ;
1917, No. 210 ; 1922, No. 550. — L.S., 1922, Neth.-4] (underground work,
sec. 233).
Labour Act of 1919, as amended by the Act of 1922 ; amended text
promulgated by Decree of 21 July 1922 [Sbl., 1922, No. 457. — L.S., 1922,
Neth. 1] and again promulgated by Decree of 17 September 1930 [Sbl.,
1930, No. 388A] (hours, sees. 19 (2), 20 (1), 28 (2) and (7) and 62 (3) ; breaks,
sees. 14, 22 (2) (4) and (5), 36a, 49 (2) and 90 (2) ; night work, sees. 24 and
25 ; maternity, sec. 11 ; dangerous and unhealthy work, sec. 10).
Royal Decree of 10 August 1920 issuing administrative regulations
under sec. 10 (1) of the Labour Act [Sbl., 1920, No. 694. — L.S., 1920,
Nethl. 8].
Decree of 11 September 1923 concerning hours of work in factories
and workplaces [Sbl., 1923, No 442] as amended by the Decrees of 4 March
and 18 September 1926 [amended text, Sbl., 1926, No. 359. — S.L., 1926,
Neth. 2].
Sickness Insurance Act, text of 24 June 1929 [Sbl., No. 329. — L.S.,
1929, Neth. 6] (maternity benefit, sec. 39).
Abbreviation ; Sbl. =

Staatsblad.
Colonies

Dutch East Indies
Decree No. 13 of 17 December 1925 : Ordinance to restrict the employment of children and the employment of women at night [Sbl.N.L, 1925,
No. 647. — L.S., 1925, D.E.I. 2 A] and regulations concerning the employmeat of women at night [Sbl.N.L, No. 648. — L:S., 1925, D.E.I., 2 B].
Coolies Ordinance (containing provisions concerning maternity) (cf.
above, Chap. I l l , table, p. 76.
Mines Ordinance of 25 February 1930 ]Sbl.N.L, 1930, No. 38] (powers
t o regulate, sec. 183).
Mines Regulations of 3 September 1930 [Sbl.N.L, 1930, No. 341]
(underground work, sec. 171).
Abbreviation : Sbl.N.L = Staatsblad van Nederlandsch-India.
NEWFOUNDLAND
Regulation of Mines, 1916, chap. 131, [Consolidated Statutes of Newfoundland, 1916, Vol. I l l , p . 1416] (underground work, sec. 19).
NEW ZEALAND
Factories Act, 1921 (12 Geo. V, No. 42) [N.Z.S., 1921-1922, p. 304]
(hours of work, sees. 18, 20-22, 26 ; unhealthy work and maternity, see. 24 ;
special installations, sec. 25 ; wages, sec. 38).
Shops and Offices Act No. 46 of 1921 [N.Z.S., 1921-1922, p . 361] (seats,
sec. 10 ; night work, sec. 40).

— 255 —
National Provident Fund Act of 21 November 1910, consolidated and
amended by Act No. 16 o fl926 [L.S., 1926, N.Z. 3] (maternity, sees. 42-47).
Coal-mines Act, 1925 (16 Geo. V, No. 39) [L.S., 1925, N.Z. 2] (underground work, see, 66).
Mining Act, 1926 (17 Geo. V, No. 15) [N.Z.S., 1926, p. 145. — L.S.,
1926, N.Z. 1] (underground work, sec. 256).
Abbreviation : N.Z.S. = New Zealand Statutes.
NICARAGUA
Mining Act of 19 February 1906 [B.B., 1908, p . I l l ] (underground
work, sec. 112).
Act No. 12 of 31 January 1923 concerning the engagement of workers
[L.S.A.L., Vol. II, p. 323] (recruiting, sec. 3).
NORWAY
Sickness Insurance Act of 6 August 1915 [NX., 1915, p. 633. — B.B.,
1916, p. 236] amended on 15 June 1917, 23 July 1918, 10 December 1920,
16 February 1923, 17 July 1925, 1 July 1926 [N.L., 1926, No. 27, p . 357. —
L.S., 1926, Nor. 2 A and B] and 6 June 1930 [NX., 1930, No. 22, p. 527. —
— L.S., 1930, Nor. 1] (maternity, sees. 6 (3), 16 A (d), 16 B, 18, 21, 22 (3) and
29 (2).
Act of 18 September 1915 concerning the protection of workers in
industrial undertakings [N.L., 1915, No. 34, p. 597. — B.B., 1915, p . 323]
as amended by the Act of 11 July 1919 [N.L., 1919, No. 50. — B.B., 1919,
p. 182] (unhealthy and arduous work, sec. 18 ; underground work, sec. 19 ;
dangerous work, sec. 20 ; maternity, sec. 32).
Act of 15 February 1918 concerning industrial homework [B.B., 1918,
p . 55] as amended by the Acts of 6 July 1923 [N.L., 1923, No. 26. — L.S.,
1923, Nor. 4] and of 15 June 1928 [NX., 1928, No. 23. — L.S., 1928, Nor. 1].
Abbreviation : N X . = Norsk Lovtidende.
PANAMA
Act No. 6 of 29 October 1914 to regulate the work of workers and commercial employees [G.O., ano X I , No. 2142. — B.B., 1916, p. 24] (night work,
sees. 10 and 11).
Administrative Code, published 22 August 1916 [L.S.A.L., Vol. II,
p. 337] (dangerous work, sec. 1035 ; night work, sees. 1088 and 1089).
Decree No. 80 of 30 May 1925 : pregnancy of postal and telegraph
employees [L.S.A.L., Vol. II, p. 329].
Decree No. 96 of 11 June 1925 : pregnancy of employees of public
administrative offices [L.S.A.L., Vol. II, p. 329].
Maternity Protection Act [G.O., 5 November 1930].
Abbreviation : G.O. = Gaceta Oficial de la República de Panama.
PERSIA
Decree of 17 December 1923 (25 gows 1302) of the Governor-General
of Kerman and Beluchistan concerning the protection of workers in carpet
factories [L.S., 1923, Pers. 1] (separate workshops, sees. 4 and 5).

— 256 —
PERU
Act No. 2851 of 23 November 1918 concerning the employment of women
and children [L.S.A.L., Vol. II, p . 413. — B.B., 1919, p. 186] as amended by
Act No. 4239 of 26 March 1921 [L.S.A.L., Vol. II, p. 418].
Supreme Decree of 25 June 1921 issuing regulations under the above
Act. [L.S.A.L., Vol. II, p. 419].
Act No. 3010 of 26 December 1918 concerning the Sunday rest and
civil holidays [L.S.A.L., Vol. II, p. 376] (exception, sec. 3).
Supreme Resolution of 17 April 1925 fixing a time limit for the establishment of day nurseries in agricultural undertakings employing women
[L.S.A.L., Vol. I I , p. 424].
Decree of 29 January 1926 concerning industrial hygiene and safety
[L.S.A.L., Vol. I I , p. 388] (supervisory authorities, sec. 3).
POLAND
Act of 18 December 1919 concerning hours of work in industry and commerce [L.S., 1920, Pol. 1] (night work, sees. 6 and 11).
Sickness Insurance Act of 19 May 1920 [L.S., 1920, Pol. 3] (maternity,
sees. 30 and 31).
Act of 2 J u l y 1924 concerning the employment of women and young
persons [D.U., 1924, No. 65, p. 962. — L.S., 1924, Pol. 2] as amended by
Act of 30 July 1925 [D.U., 1925, No. 81, p. 1185. — L.S., 1925, Pol. 2]
and by the Act of 5 August 1926 [D.U., 1926, No. 93. — L.S., 1926, Pol. 1].
Order of 17 November 1924 for the bringing into operation of the above
Act of 1924 [D.U., 1924, No. 105, p. 1464. — L.S., 1924, Pol. 9].
Order of 14 October 1924 concerning the rights and duties of women
engaged as wet-nurses for the children of others [D.U., 1924, No. 94. — L.S.,
1924, Pol. 7].
Order of 29 July 1925 as amended by the Order of 27 November 1925
requesting the list of occupations prohibited for women and young persons
[D.U., 1925, No. 81 and No. 133. — L.S., 1925, Pol. 2 A and C].
Order of 11 March 1927 concerning creches in industrial establishments
[D.U., 1927, No. 32. — L.S., 1927, Pol. I ] .
Abbreviation : D.U. = Dziennik Ustaw.
PORTUGAL
Sickness Insurance Act of 10 May 1919, promulgated by Decree No.
5636 [D.U., 1919, Series I, No. 98, 10 May 1919, 8th supplement] (maternity
sees. 28, 30 and 33).
Decree No. 14497 of 29 October 1927 concerning the reorganisation of
the industrial hygiene inspectorate [D.G., 1927, Series I, No. 240, p. 2131.
— L.S., 1927, Por. 5] (medical supervision of women .workers, sees. 8 (3)
and 19).
Decree No. 14498 of 29 October 1927 to regulate the employment of
young persons a n d women, and to institute a system for safeguarding their
health [D.G., 1927, Series I, No. 240. — L.S., 1927, Por. 6 A].
Decree No. 14535 of 31 October 1927 to approve the regulations respecting the employment of women and young persons and the relevant schedules
[D.G., 1927, Series I, No. 245. — L.S., 1927, Por. 6 B].
Abbreviation : D.G. = Diario do Govêrno.

— 257 —
Portuguese Colonies
Native Labour Code for the Portuguese Colonies in Africa, approved
by Decree No. 16199 of 6 December 1928 [D.G., 1928, Series I, No. 281. —
L.S., 1928, Por. 3] (contract of service, sec. 99; non-separation of families,
sec. 152, 182 and 238 ; wages, sec. 199 ; clothing, sec. 243 ; maternity,
sees. 286-287 ; arduous tasks, sec. 347).
Guinea
Enactment No. 486 of 7 December 1929, chap. V : system of employment [Boletín Oficial da Colonia da Guiñe, 7 December 1929, supplement
to No. 49] (hours of work, sec. 305).
RUMANIA
Act of 25 J a n u a r y / 7 February 1912 concerning the organisation of
handicrafts, credit and workers' insurance [M.O., 1912, No. 236. — B.B.,
1913, p. 53], supplemented by the Act of 2 July 1924 [M.O., 1924, No. 143.
— L.S., 1924, Rou. 1] (contract of married women, sec. 3 ; maternity
insurance, sec. 120).
Mines Act of 3 July 1924 [M.O., 4 July 1924. — L.S.,
(underground work, sees. 81 and 138).

1924, Rou. 2]

Act of 17 June 1925 to regulate the suspension of work on Sundays
and statutory public holidays [M.O., No. 131, p. 7049. — L.S., 1925, R u m .
2 A] (exemptions not applying, sec. 19).
Act of 9 April 1928, promulgated on 13 April, concerning the employment of women and young persons and concerning hours of work [M.O.,
1928, No. 85. — L.S., 1928, Rum. 1].
Royal Decree No. 247 of 30 January 1929, promulgated on 5 February,
approving the administrative regulations for the above Act [M.O., 1929,
No. 28. — L.S., 1929, Rum. 1].
Decisions Nos. 30164 and 30166 of 5 April 1930 under see. 39 of the
above Act (seasonal industries) [M.O., 1930, No. 84].
Abbreviation : M.O. = Monitorul Oficial.
RUSSIA
Labour Code of the R.S.F.S.R. [L.S., 1922, Russ. 1] {maternity, sees.
47g, 92, 119, 131-134, 176, 181-183 ; compulsory service, sec. 12 ; arduous
and unhealthy tasks, sec. 129 ; night work, sec. 130).
Order of 16 November 1920 issuing a list of occupations which equally
with manual work give a right to leave for eight weeks before and eight
weeks after confinement, supplemented by Order No. 316/429 of 15 July
1924 (women engaged in medical work) [Both texts : L.S., 1924, Russ. 3 C
and appendix] and by Order No. 232 /388 of 4 September 1925 (stenographers
permanently employed in institutions and undertakings) [L.S., 1925, Russ.
3 D].
Order of 4 March 1921 concerning the maximum weights to be lifted
or carried by women and young persons [Bulletin troudovogo fronta za
1921, No. 5, 15 April 1921, p. 14].
Order No. 123 of 16 October 1923 issuing instructions for the Labour
Inspectorate [L.S., 1923, Russ. 11] (employment of women, sees. 24c, 29i,
30, 36c, 61, 69ft and 71) and instructions of 24 December 1925, No. 322/415
[L.S., 1925, Russ. 12 B] (employment of women, sees. 26c, 32, 38c, 70, 72
and 80).

— 258 —
Order No. 144/733 of 12 April 1923 concerning conditions of employment in timber floating [L.S., 1923, Russ. 3] (maternity, sec. 3).
Order No. 236 /339 of 22 May 1924 issuing hygiene regulations for work
in the scouring of wool [L.S., 1924, Russ. 12 B] (maternity, sec. 2).
Order of 18 April 1925 concerning the employment of auxiliary hired
labour in agricultural establishments [L.S., 1925, Russ. 2 A] (maternity,
sec. 72) and administrative regulations of 24 July 1925 [L.S., 1925, Russ.
2 B] (maternity, sees. 14 and 23).
Order No. 277/403 of 30 October 1925 to prohibit the employment
of women in specially dangerous and heavy work [L.S., 1925, Russ. 1 D],
supplemented by Order No. 177 of 17 May 1930 [Izvestia N.K.T.S.S.S.R.,
1930, No. 16, p . 361].
Order of the Council of the People's Commissaries of the R.S.F.S.R.
concerning the employment of women in industry, State undertakings and
co-operative societies, 8 December 1930 [Izvestia N.K.T.S.S.S.R., 1931,
No. 5-6, p. 108].
Order No. 5 of the People's Commissariat for Labour of the R.S.F.S.R.,
16 January 1931, approving the list of occupations in each branch of industry
and the list of duties in State undertakings and co-operative societies which
must be exclusively or mainly reserved for women [Izvestia N.K.T.S.S.S.R.,
1931, No. 5-6, p . 108].
Order No. 114 of the People's Commissariat for Labour of the U.S.S.R.,
dated 19 May 1931, approving the list of occupations and duties in which
the proportion of female labour must be considerably raised [Izvestia
N.K.T.S.S.S.R., 1931, No. 14-15, p. 268].
Order No. 110 of the People's Commissariat for Labour of the U.S.S.R.,
9 May 1931, concerning the conditions of employment of women in charge
of tractors or hoisting appliances [Izvestia N.K.T.S.S.S.R., 1931, No. 14-15,
p. 277].
SALVADOR
Decree of 23 August 1920 concerning domestic servants' contracts
[D.O., No. 180, p. 43]- and regulations of 8 July 1924 concerning domestic
service [D.O., 1924, No. 170, p. 1667].
Act of 31 May 1927 for the protection of commercial employees [L.S.A .L.,
Vol. II, p. 476. — L.S., 1927, Sal. 1 A] (night work, sec. 2 ; maternity,
sec. 5).
Administrative regulations of 4 November 1927 under the above Act
[L.S.A.L.,Vol. I I , p. 479.—L.S., 1927, Sal. IB] (maternity, sees. 5 and 6).
Abbreviation:

D.O. = Diario Oficial.
SOUTH AFRICA

Union of South Africa
Mines and Works Act No. 12 of 1911 [B.B., 1911, p. 63] (underground
mining work, sec. 8).
Factories Act No. 28 of 1918 [Statutes of the Union of South Africa,
1918, p . 346] (hours of work, sec. 15 ; maternity, sec. 18 ; breaks, sees. 19
and 26 ; provision for later regulations, sec. 42).
Industrial Conciliation Act No. 11 of 1924, as amended by Act No. 24
of 1930 [L.S., 1930, S.A. 5].

— 259 —
Act No. ,26 of 1931 to amend the Factories Act [Union of South Africa
Government Gazette 5 June 1931. — L.S., 1931, S.A. 2].
Wages Act No. .27 of 1925.
Natal
Regulations No. 329 of 1910 under authority of sec. 116 of Act No. 25
of 1891 concerning the employment of women [B.B., 1011, p. 49] (maternity,
sees. 1 (1) and (2), 2, 3 and 4).
SPAIN
Act of 13 March 1900 concerning the employment of women and
children [G.d.M., 14 March 1900] as amended by the Act of 8 January 1907
[B.I.R.S., I I I , p. 561. — B.B., 1907, p. 220], by the Decree of 21 August
1923 [G.d.M., 23 August 1923. — L.S., 1923, Sp. 4] and by the Royal Order
of 18 June 1925 [Boletín Oficial del Ministerio de Trabajo, Comercio e Industria, No. 12, p . 145].
Decree of 25 January 1908 concerning the classification of the industries and occupations in which the work of young persons under 16 years
of age and women under age is prohibited or restricted [B.I.R.S., IV, p. 809.
— B.B., 1909, p. 138].
Act of 27 December 1910 establishing a maximum working day in
mining undertakings [B.B., 1911, p. 29] (prohibited tasks, sec. 4).
Act of 27 February 1912 stipulating that in warehouses, shops, countinghouses and offices, and, generally, in every establishment, not being a manufacturing concern, where articles are sold by women employees, it will be
compulsory for the employer to arrange for a seat for each of the said women
[B.B., 1913, p. 42].
Royal Decree of 5 October 1922 concerning the formation of joint
committees, for the purpose of settling disputes between capital and labour
[G.d.M., 6 October 1922. — L.S., 1922, Sp. 2] (electorate and eligibility,
sec. 14).
Royal Decree of 3 November 1922 concerning the voluntary formation
of trade associations in the Province of Barcelona [G.d.M., 4 November 1922.
—L.S., 1922, Sp. 3] (membership, sees. 24 (4) and 26 (2).
Royal Decree of 19 February 1926 to prohibit the use of white lead,
sulphate of lead and all products containing these pigments, in the interior
painting of buildings, subject to the exceptions laid down [G.d.M., 1926,
No. 51. — L.S., 1926, Sp. 3] (prohibited tasks, sec. 3).
Legislative Decree of 23 August 1926 to approve the Labour Code
[G.d.M., No. 244, p. 1298 ; No. 245, p. 1335 and No. 246, p. 1359. — L.S.,
1926, Sp. 5] (married women, sees. 4 and 14 ; contracts of apprenticeship,
sees. 64, 65, 82, 83, 88, 97 and 120 ; compensation for accidents, sees. 158
and 161 ; representation, sec. 259).
Legislative Decree of 26 July 1926 concerning homework [G.d.M.,
31 July 1926. — L.S., 1926, Sp. 4] and administrative regulations of 20
October 1927 [G.d.M., No. 298. — i . A . , 1927, Sp. 2] (rates of wages, sec. 15 ;
membership of committees, sec. 13).
Legislative Decree of 15 August 1927 concerning nightly rest for women
workers, and administrative regulations of 6 September 1927 [G.d.M., 1927,
Nos. 231 and 256. — L.S., 1927, Sp. 5].
Decree of 22 March 1929 introducing compulsory maternity insurance
[G.d.M., 24 March 1929].

— 260 —
Administrative Regulations of 29 January 1930 concerning, compulsory
maternity insurance [G.d.M., 1 February 1930].
Decree of 26 May 1931 bringing maternity insurance into force as from
1 October 1931 [G.d.M., 27 May 1931].
Abbreviations : B.I.R.S. = Boletín del Instituto de Reformas Sociales.
. G.d.M. = Gaceta de Madrid.
SWEDEN
Act of 20 November 1909 prohibiting the night work of women in certain industrial undertakings [S.F.S., 1909, No. 131. — B.B., 1910, p. 66],
as amended by the Act of 18 October 1912 [S.F.S., 1912, No. 250. — B.B.,
1915, p. 341].
Decree of 9 June 1911 authorising owners of preserved fruit and vegetable factories to employ women for certain work during the night [S.F.S.,
1911, No. 48. — B.B., 1911, p. 215], and Decree of 11 August 1911 granting
similar authorisation to owners of factories for the salting of herrings [S.F.S.,
1911, No. 69. — B.B., 1911, p. 216].
Act of 29 J u n e 1912 for the protection of labour [S.F.S., 1912, No. 206.
— B.B. 1913, p . 84], as amended by the Act of 12 June 1931 [amended text :
S.F.S., 1931, No. 290. — L.S., 1931, Swe. 5] (maternity, sees. 17, 18 ; underground work, sec. 16 ; night work, sees. 10 and 19 ; unhealthy and
dangerous work, sec. 22 ; women inspectors, sec. 23).
Order of 30 June 1913 concerning the State subsidy to sickness funds
[S.F.S., 1913, No. 136], as amended by the Order of 2 December 1921
[S.F.S., 1921, No. 696] (maternity).
Royal Order of 26 June 1931, concerning recognised sickness funds
[S.F.S., 1931, No. 280. — L.S., 1931, Swe. 6 A] (maternity, sec. 32).
Royal Order of 26 J u n e 1931 concerning maternity relief [S.F.S., 1931,
No. 281. — L.S., 1931, Swe. 6 B].
Act of 19 February 1926 to prohibit the employment of workers in
painting work in which lead colours are used [S.F.S., 1926, No. 21. —
L.S., 1926, Swe. 1] (employment prohibited, sec. 2).
Abbreviation:

'

-

S.F.S. = Svenske Författning Sämling.
SWITZERLAND
Confederation

Sickness Insurance Act of 13 June 1911 [F.F., 14 June 1911, p. 815]
(maternity, sees. 6 and 14).
Factories Act of 18 June 1914 [F.F., 1914, III, p. 579. — B,B., 1914,
p. 269] (night work, sees. 65 and 66 ; hours and breaks, sees. 65-68 ; maternity, sec. 69).
. . Administrative Order of 3 October 1919 under the Factories Act
[R.O., 1919, No. 53. — B.B., 1919, p. 215], amended by Order of 7 September
1923 [R.O., 1923, p. 287. — L.S., 1923, Switz. .3] (night work, sees. 140,
145-147, 150, 159 and 165 ; hours, sees. 149-156 ; Saturday rest, sec. 184 ;
weekly rest, sec. 168 ; prohibited tasks, sec. 183 ; maternity, sees. 185 and
186).
Act of 6 March 1920 concerning the hours of work of persons employed
on railways and in other services connected with transport and communications [R.O., 1920, No. 12, — L.S., 1920, Switz. 1] (maternity, sees. 8 and
15 ; provision for special regulations, sec. 8).
•

— 261 —
Order No. 1 of 12 August 1921 in pursuance of the above Act [R.O.,
1921, No. 36, p. 623] (night work, breaks, hours, holidays, sec. 19).
Order No. 2 of 12 August 1921 in pursuance of the above Act [R.O.,
1921, No. 36, p . 642] (night work, sec. 20).
Act of 31 March 1922 concerning the employment of young persons
and women in industry [F.F., 1922, No. 15, p . 653. — L.S., 1922, Switz. 2].
Administrative Order of 15 June 1923 under the above Act [R.O.,
1923, No. 17, p. 244. — L.S., 1923, Switz. 1].
Accident Insurance Order of 2 March 1928 : protection against lead
poisoning of employees and workers in painting undertakings [R.O., 1928,
Vol. 44, p. 32] (employment of women, sees. 8 and 9).
Circular of 20 January 1931 from the Federal Department of Public
Economy to the Cantonal Governments concerning the administration of
the Factories Act [F.F., 1931, No. 4, p. 76] (employment of women, sec. 7).
Abbreviations:

F . F . = Feuille fédérale.
R.O. = Recueil officiel des lois et ordonnances de la
Confédération suisse.
Cantons

Aargau
Act of 26 May 1903 concerning the protection of women workers
[B.B., 1903, French edition, p. 672] and Administrative Order of 11 May
1904 [B.B., 1904, French edition, p. 308].
Order of 26 October 1923 in pursuance of the Federal Act of 31 March
1922 concerning the employment of young persons and women [R.E.S.S.,
August 1929, 6th supplement, p. 77].
Appenzell
Act of 26 April 1908 for the protection of working women [B.B., 1908,
p. 124) and Administrative Order of 19 January 1918.
Order of 30 April 1928 in pursuance of the Federal Act concerning
the employment of young persons and wqmen [R.E.S.S., August 1929,
6th supplement, p . 76].
Basle Town
Act of 27 April 1905 for the protection of women workers, as amended
on 25 March 1909 and 10 December 1914 [B.B., 1905, French edition,
p. 66] and Administrative Regulations of 29 July 1905 [B.B., 1905, French
edition, p. 254].
Order of 26 October 1923 in pursuance of the Federal Act concerning
the employment of young persons and women [R.E.S.S., August 1929, 6th
supplement, p. 74].
Basle Country
Order of 3 November 1924 in pursuance of the Federal Act concerning
the employment of young persons and women [R.E.S.S., August 1929,. 6th
supplement, p . 75].
Berne
Act of 23 February 1908 for the protection of working women [B.B.,
1908, p . 118].

— 262 —
Order of 23 March 1926 concerning the employment of young persons
and women in industry [R.E.S.S., August 1929, 6th supplement, p. 67].
Freiburg
Order of 5 March 1926 in pursuance of the Federal Act concerning the
employment of young persons and women [R.E.S.S., August 1929, 6th
supplement, p. 73].
Geneva
Act of 20 September 1930 to amend the organic Act concerning probiviral councils of 12 May 1927 [Feuille d'Avis de Genève, 1930, No. 229,
p. 1995] (electorate and eligibility).
Grisons
Order of 8 May 1925 in pursuance of the Federal Act concerning the
employment of young persons and women [R.E.S.S., August 1929, 6th
supplement, p . 77].
Glarus
Workers' Protection Act of 6 May 1923 [La Suisse économique et sociale,
p. 299. — L.S., 1923, Switz. 4], amended by the Act of 5 May 1929 [R.E.S.S.,
August 1929, 6th supplement, p. 72] (breaks, sec. 5 ; maternity, sec. 9).
Administrative Order of 8 January 1924 under the above Act [R.E.S.S.,
August 1929, 6th supplement, p. 72. — L.S., 1924, Switz. 4].
Lucerne
Act of 29 November 1895 for the protection of women workers [separate
official publication].
Order of 17 October 1927 concerning the employment of young persons
and women in industry [R.E.S.S., August 1929, 6th supplement, p. 68].
Neuchatel
Act of 26 April 1901 for the protection of women workers [B.B., 1902,
French edition, p . 57] and administrative Orders of 10 September 1901 and
15 December 1902.
Order of 28 September 1923 in pursuance of the Federal Act concerning
the employment of young persons and women [R.E.S.S., August 1929,
6th supplement, p . 79].
St. Gall
Act of 26 June 1893 concerning the protection of women workers and
the work of women employees in shops and hotels [Gesetz. Sammlung,
Vol. IV, N.F., No. 69], amended 15 January 1918.
Order of 10 July 1923 in pursuance of the Federal Act of 31 March 1922
[R.E.S.S., August 1929, 6th supplement, p. 76].
Act of 15 May 1925 concerning the protection of women workers and
persons employed in shops and businesses for the rendering of personal
services [Amtsblatt für den Kanton Sankt-Gallen, 22 May 1925, p. 493. —
L.S., 1925, Switz. 4].
Schaffhausen
Order of 23 November 1927 in pursuance of the Federal Act concerning
the employment of young persons and women [R.E.S.S., August 1929, 6th
supplement, p. 75].

— 263 —
Schwytz
Order of 19 July 1923 in pursuance of the Federal Act concerning the
employment of young persons and women [R.E.S.S., August 1929, 6th
supplement, p . 71].
Solothurn
Act of 9 February 1896 for the protection of women workers [separate
official publication].
Order of 19 November 1924 in pursuance of the Federal Act of 31 March
1922 [R.E.S.S., August 1929, 6th supplement, p. 74].
Ticlno
Act of 15 January 1912 concerning women's labour in industrial concerns not subject to Federal legislation, warehouses, shops and offices [B.B.,
1912, p. 292], amended by the Act of 20 November 1912 [B.B., 1913, p . 314]
(extension t o male staff).
\
Regulations of 6 February 1913 in pursuance of the above Acts [B.B.,
1913, p . 316].
Unterwaiden
Order of 5 January 1929 in pursuance of the Federal Act of 31 March
1922 [R.E.S.S., August 1929, 6th supplement, p. 71].
Valais
Order of 9 October 1923 in pursuance of the Federal Act of 31 March
1922 [R.E.S.S., August 1929, 6th supplement, p. 78].
Vaud (Lausanne)
Act of 7 May 1918 for the protection of women workers.
Zurich
Act of 12 August 1894 for the protection of women workers [separate
official publication].
Order of 24 December 1924 instituting a standard contract of employment for women domestic servants [R.E.S.S., July 1928, 2nd supplement,
p. 130].
Abbreviation : R.E.S.S. = Rapports économiques et statistiques sociales, published by the Department of Public Economy.
TURKEY
Public Health Act No. 1593 of 24 April 1930 [T.C. Resmi Gazete,
6 May 1930. — L.S., 1930, Tur. 1] (maternity, sees. 155 and 177 ; unhealthy
and dangerous work, sec. 179)
UNITED STATES OF AMERICA
See the following publications :
U N I T E D STATES DEPARTMENT OF LABOUR : Bulletin

of the

Womens'

Bureau, No. 63 : " State Laws affecting Working Women ". Washington,
1927.

— 264 —
Bulletin of the Women's Bureau, No. 66 : " Chronological Development
of Labour Legislation for Women in the United States ". Washington,
1929.
URUGUAY
Act of 21 July 1914 for the prevention.of industrial accidents
Vol. II, p . 522] (dangerous tasks, sec. 4).

[L.S.A.L.,

Act of 10 July 1918 making the provision of seats compulsory in commercial houses and workshops [L.S.A.L., Vol. II, p. 548].
VENEZUELA
Mines Act of 19 July 1928 [CO., 13 August 1928.— L.S., 1928, Ven.l]
(underground work, sec. 116).
Labour Act of 23 July 1928 [CO., 13 August 1928. — L.S., 1928, Ven.
2 ; L.S.A.L., Vol. II, p. 574] (special provisions concerning the employment
of women, chap. I l l : maternity ; arduous, dangerous and underground
work).
Abbreviation : G.O. = Gaceta Oficial.
YUGOSLAVIA
Regulations of 25 October 1921 concerning industrial hygiene and
safety [L.S., 1925, S.C.S. 3] (dangerous work, sec. 84 ; unhealthy work,
sees, 135, 136, 158 and 229).
Workers' Protection Act of 28 February 1922 [S.N., 1922, No. 128. —
L.S., 1922, S.C.S. 1] (night work, sees. 17 and 18 ; maternity, sees. 22-29 ;
powers t o regulate, sec. 33 ; penalties, sec. 123).
Workers' Insurance Act of 14 May 1922 [S.N., 1922, No. 117. — L.S.,
1922, S.C.S. 2] (maternity, sees. 3, 4, 45-51 and 78).
Act of 31 July 1923 concerning public officials (maternity, sec. 113).
Regulations of 16 May 1930 concerning the sphere of activity of the
Maternity and Child Welfare Institution [S. N., 1930, No. 121, p. 848].
Abbreviation : S.N. = Sluzbene Novine.