INTERNATIONAL LABOUR OFFICE
STUDIES AND REPORTS
Seríes I (Employment of Women and Children) No. 4
THE LAW
AND WOMEN'S WORK
A Contribution
to the Study
Status of
of the
Women
GENEVA, 1939
Published in the United Kingdom
For the INTERNATIONAL LABOUR O F F I C E ( L E A G U E O F N A T I O N S )
By P. S, K I N G & S O N , Ltd.
Orchard House, 14 Great Smith Street, Westminster, Loadon, S.W.I
•
IMPRIMERIES RÉUNIES, CHAMBÉRY (FRAKCE) • 44.104
/
CONTENTS
Page
INTRODUCTION
•
vu
CHAPTER I : Methods of Regulation
CHAPTER II : Public administrative Departments
Employment of Women
A. Special Departments
B. Special Methods of Supervision
1
dealing with the
6
6
12
CHAPTER III : Maternity Protection
A. International Regulation
B. Progressin National Legislation from 1919 to 1938 . . .
§ 1. Regulations relating to Contract of Employment .
Maternity Leave
Guarantee of Reinstatement in Employment .
Extension of Leave in Special Cases
Other Protective Measures
Declaration of Pregnancy
\ . .
Nursing Facilities
§ 2. Maternity Benefits
Financing of Maternity Benefits
Administration of Benefits by
Insurance
Institutions
Administration of Benefits b y Public Assistance Institutions
Collaboration of Insurance and Public Assistance
in the General Protection of Maternity . . .
§ 3. Scope of Maternity Protection Measures
Persons Protected
Occupational Groups covered
C. Conclusions
APPENDIX.—Regulations respecting the Protection of Maternity .
A. International Regulation
B. National Legislation
CHAPTER IV : Hours of Work
A. General Considerations
B. International Regulation
C
National Legislation
§ 1. Limitation of S t a t u t o r y Hours of Work
§ 2. Overtime
§ 3. Breaks between Periods of Work
§ 4. The Weekly Rest and Public Holidays
APPENDIX.—Special Regulation of Working Hours and
Periods for Women
16
16
19
22
22
24
25
26
27
27
28
29
30
37
38
40
40
43
48
50
50
52
114
114
116
117
117
121
122
122
Rest
125
CONTENTS
IV
Page
CHAPTER V : Night Work
A.
B.
C.
170
General Considerations
International Regulation
§ 1. The 1906, 1919 and 1935 Conventions on ¡Night
Work in Industries
§ 2. The Recommendation concerning Night Work
in Agriculture§ 3. Bilateral and Multilateral Agreements
National Legislation
§ 1. Classification of Laws according to Scope . . . .
§ 2. Comparison of Regulations
Definition of the Nightly Rest
Determination of Scope
Determination of Exceptions
170
173
173
179
179
180
180
183
183
184
187
APPENDIX.—Regulations concerning the Employment of Women
during the Night
"
A. International Regulations
B. National Laws and Regulations
189
189
190
CHAPTER VI : The Employment of Women on Unhealthy,
and Dangerous Work
A. General Type of Work and Reasons for Regulation
B. International Regulations
§ 1. Unhealthy Processes
§ 2. H e a v y Work
Forced Labour
Underground Work
228
228
234
234
235
235
236
C.
Heavy
. . .
National Legislation
§ 1. Methods of Regulation
§2.
Regulation of Employment on Unhealthy Processes
§ 3. Regulation of Employment on Heavy Work . . .
Carrying of Loads
Underground Work
Other Heavy Work
§ 4. Regulation of Employment on Dangerous Work .
237
237
240
242
243
244
244
246
APPENDIX.—Special Regulations concerning the Employment of
Women on Unhealthy, Heavy and Dangerous Work . . . .
A. International Regulations
. .
B. National Regulations
247
249
251
CHAPTER V I I : Employment
on Work involving Moral Dangers
. .
341
CHAPTER V I I I : Regulation
of the Right to Employment
. .
346
Origin and Nature of the Regulation
Legal Restrictions on the Employment of Women .
. .
Protection of Women's Right to Employment or to Compensation for Loss of Employment
Advantages offered to Women on the Employment
Market and Occupations reserved for Women . . . " . . .
346
348
A.
B.
C.
D.
. .
350
351
CONTENTS
APPENDIX.—National Regulations concerning Women's Right
to Employment
CHAPTER I X : Wage Regulation
A.
B.
International Regulations on Minimum Wage Fixing . .
§ 1. Determination of Industries in which Wage Regulation is Necessary
§ 2. Guiding Principles for the Fixing of Minimum
Wage Rates
§ 3. The Representation of Women Workers on Minimum Wage-Fixing Bodies
National Laws and Regulations
§ 1. The Place of Special Regulation for Women
Workers in the Various Kinds of Minimum WageFixing Systems
§ 2. The Problem of Equal Wages for Identical W o r k . .
APPENDIX.—Legal Regulation of Women's Wages
A. International Legislation
B.
National Legislation
CHAPTER X : Differenlial Trealment of Insured Women under
Social Insurance Schemes
§ 1. Scope of Insurance
Compulsory Insurance
Voluntary Insurance
§ 2. Classification and Basic Wages
§ 3. Contributions and Benefits
§ 4. Participation in Administration
§ 5. Benefit Rights under Workmen's Compensation .
Injured Workers
Survivors
§ 6. Benefit Rights under Sickness Insurance . . . .
Insured Persons
Insured Persons with Dependants
§ 7. Benefit Rights under Maternity Insurance . . . .
§ 8. Benefit Rights under Invalidity, Old-Age and
Widows' and Orphans' Insurance
Insured Persons
Survivors
§ 9. Unemployment Insurance
CHAPTER X I : The Legal Position of Women as Professional
Workers
A. The Employment of Women in Public Administration . .
§ 1. Admission to the Service
§ 2. Promotion
§ 3. Remuneration (Equality or Inequality in Remuneration for Male and Female Officials)
§ 4. Retention of Post after Marriage or Compulsory
Retirement
V
Page
354
370
372
373
375
379
380
380
386
388
388
388
417
420
420
421
421
421
422
422
422
423
425
425
426
426
427
427
429
432
433
433
434
437
438
440
VI
CONTENTS
Page
§ 5.
§ 6.
§ 7.
B.
Residence of Married Women
Married Women near to the
Husbands, etc.)
Maternity Leave and other
possible for Women Officials
Families
Conditions of Retirement
Officials (Stationing
Residence of their
442
Adjustments made
who are Mothers of
Position of Women in the Liberal Professions
§ 1. Influence exerted by Methods of Control . . . .
§ 2. Means by which the Legal Right of Women to
exercise Professions has been established
§ 3. The Position in the Several Professions
A P P E N D I X . — N a t i o n a l Regulations concerning the Employment
of Women in Public Administrations
CHAPTER X I I : The Bearing of the Civil and Polilical Status of
Women on the Situation of Women as Workers
A. Problems induced by the Inequality of the Sexes in
Civil Law
§ 1. Influence of the Civil Status of Women ön their
Capacity to conclude Contracts of Employment . .
§ 2. Effects of the Civil Status of Women on the Performance of Acts involved in the Pursuit of a Profession or Occupation
§ 3. The Law of Property in its Relation to the Occupational Status of Married Women
§ 4. Effects of Private Law on Freedom of Association
Membership of Co-operative Societies
B.
Problems induced by Inequality of Men and Women in the
Matter of Political Status '
443
445
447
450
453
456
460
543
545
545
550
553
556
558
560
CONCLUSION
563
INDEX
569
INTRODUCTION
A short account of the circumstances in which this study
was undertaken is necessary to explain the plan adopted in
carrying it out.
When in 1935 the Assembly of the League of Nations had
on its agenda the question of the status of women and began to
study that question from the standpoint of the equality of the
sexes, the matter on which it had been asked to pronounce, it
saw at once that several fields would have to be explored.
It divided them into two : women's political and civil status
and women's economic status. The Assembly recognised " that
the question of conditions of employment, whether of men or
women, is a matter which properly falls within the sphere of the
International Labour Organisation ". After deciding that it
would itself carry out, on lines which were laid down, the
study of the civil and political status of women, it expressed the
following hope :
" that the International Labour Organisation will, in accordance with
its normal procedure, undertake an examination of those aspects of
the problem within its competence—namely, the question of equality
under labour legislation—and that it will, in the first place, examine
the question of legislation which effects discriminations, some of which
may be detrimental to women's right to work. "
The Governing Body of the International Labour Office,
at its Seventy-fourth Session in February 1936, considered and
accepted the Assembly's suggestion. It accordingly approved
a proposal made by the Director of the International Labour
Office that the Office should supplement its previous publications
on this subject by undertaking a general study of all the
legislation on the subject.
The present study on " The Law and Women's Work "
carries out the initial decision taken by the Governing Body and
directly complies with the Assembly's wishes. But in accordance
with the decision taken at the same session regarding the
proposal made by the Director of the Office, this volume is
Vili
INTRODUCTION
to be only the introduction to a series of studies which, after
treating of legislation, will proceed to examine the practical
problems and the economic situation of working women.
But law stands in immediate relation to actual facts, or at
any rate should do so, if it is to serve its purpose, which is the
improvement of the state of things. A description of legislation
is of interest only in so far as it allows the reader to understand
the relations between the legal formula and the circumstances
that have led to its adoption. Accordingly, in analysing the
law in this study, it has been necessary also to examine briefly
the problems raised in actual life. The abundant legislative
material calling for summary in this volume has therefore been
classified, not geographically, but according to subject ; that is
to say, the presentation is not of the legislative provisions of
each country, given seriatim in the chronological order of their
adoption, but of the legislative provisions of the various countries
classified as dealing with various common problems.
The first type of classification would have been easier to
carry out, but the second, while enabling a no less accurate
summary to be given of the legislative material collected in
compliance with the Assembly's resolution, also achieves the
second purpose of such a study, namely, the estimation of the
value of legislative measures according to their efficacy in
protecting working women against the risks to which they are
exposed or remedying the ills that they have actually suffered.
It is for this reason that the laws and regulations are classified
here by subjects and not by countries.
Since it is undertaken on these lines, the report can benefit
by previous studies. It has become as it were the second
edition, fully supplemented and revised, of a preliminary study
that was published seven years ago under the title of " Women's
Work under Labour Law ".
" To study all the legislation relating to women workers would be an
ambitious task which could certainly not be adequately carried out
within the compass of a single volume such as this, for the whole body
of labour legislation, regulating as it does conditions of employment
in general, naturally applies to women's work. There can be no
question here of attempting a survey of this vast field in its entirety.
" At the same time the employment of women has certain special
aspects which can be considered apart. There are, for example, the
consequences in the field of labour of the physical differentiation
INTRODUCTION
IX
between men and women. Woman is generally less resistant to
physical strain and in any case more vulnerable in those organs which
differentiate her from her male companion, so that when she engages
in manual work she is exposed to special dangers which threaten not
only herself but also future generations.
" Moreover, the social position of women is very different from that
of other workers. By custom and tradition she is responsible for the
management of the home ; in addition to her occupational task there
are a multitude of domestic tasks which she assumes : housekeeping,
the care of children and the repair of clothing for members of the
family. A first consequence of this is that the working woman would
inevitably be overworked and would ruin her health if certain measures
of social protection were not taken ; in the second place her attention
is to some extent distracted from the collective interests of the workers,
and, in particular, she shrinks from the extra effort involved in taking
an active part in the trade union movement. In addition, the fact of
the woman's time being divided between her occupational work and
her numerous domestic tasks, which at times make particularly heavy
and urgent demands on her 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. "
These observations, with which the 1932 report opened,
may well be repeated as an introduction to those chapters in
this study t h a t deal with the physical protection of women.
There are, however, some problems on which new circumstances have since thrown a strong light, t h a t must be looked at
from quite a different angle, as for instance, the problem of the
right to employment, almost unnoticeable in 1932, which has
become much more i m p o r t a n t since the last economic depression.
Since t h e Office was anxious to consider every aspect of the
problems raised by women's work and to leave unexplored no
corner of the field of women's occupational activities, the
present study is much more voluminous t h a n t h a t prepared
seven years ago.
There are moreover certain differences of structure between
the present s t u d y and t h a t of 1932. I n the first edition, t h e
description of the problems usually took the form of a general
survey and national laws and regulations were analysed in
detail only in relation to two matters, m a t e r n i t y protection and
X
INTRODUCTION
the regulation of employment at night, since these two questions
were of international significance, as being the subjects of
Conventions. In the present report, however, legislation
applying specially to women's work is analysed as exhaustively
as possible.
But this does not mean that there has been no attempt at a
general survey of the problems of women's labour and of the
various ways in which those problems have been solved. Each
chapter therefore first gives a general survey of the subject
with which it deals, then summarises the relevant provisions
contained in international Conventions and Recommendations,
if any exist, applying specifically to women, and finally surveys,
country by country, the national laws and regulations at present
in force. The provisions are either set out in a synoptic list,
for ease of comparison in regard to each separate point, or
presented according to some definite and consistent plan,
when the information to be summarised could not, for technical
reasons, be tabulated.
At the outset of this study the special nature of the social
legislation here analysed should be clearly understood. Except
in the chapter referring to the direct protection of maternity,
a problem that by its very nature only arises in the case of
women, the legislative provisions collected in this volume are
only very fragmentary parts of a whole. For a full understanding of the problems discussed in this study, the legal provisions applying specifically to women's work would have to be
examined in their relation to the whole of which they are a part,
that is to say in relation to the whole body of social legislation
dealing with each problem : hours of work, night work, industrial
hygiene and safety, wage regulation and so on. The provisions
peculiar to women are often only a very small part of this
legislation, for much of the protective regulation applies to
almost all adult workers of both sexes ; hence the few provisions
applying specially to women give only a very incomplete picture
of the legislative protection which women workers actually
enjoy. It is obviously impossible to summarise, even briefly,
in a single volume all those laws and regulations, applying to
all categories of workers, which deal with the many problems
touched on in this study. But it is at least important to
remind the reader that the systematic elimination, necessary
in a work such as this, of all legislation applying equally to
both sexes leaves large gaps in the picture. Accordingly it has
INTRODUCTION
XI
been necessary to remind the reader repeatedly, in the general
statement which opens each chapter, that the provisions
mentioned are only fragmentary and that anyone who wishes
to study the problem fully must restore the few legislative
provisions before him to the whole from which they have been
detached.
The reader must also be asked to attempt a further synthesis
in order to understand the legislative provisions here collected
and the problems to which they refer. He must situate the
special provisions dealing with women's work in their right
place in the history of labour legislation and must also relate
social legislation in general to the history of the life of the
working classes. The legislative provisions specially applicable
to women in the present legislation of the various States are,
like all human expedients, provisional and dependent on
circumstances and this is especially true of particular parts of
them.
In the first place, apart from certain problems that are
always with us, such as the fact of maternity, which underlies
them all, most of the problems of women's work change with the
social conditions that give rise to them. But the laws and
regulations that have been designed to solve the difficulties
arising out of the social conditions of a given period often change
at a slower rate than the circumstances, so that part of the
legislation ostensibly in force meets the conditions of yesterday
rather than those of to-day.
This is particularly due to the considerable development
of protective labour legislation applicable to all workers. That
legislation tends gradually to substitute general provisions
for those that at an earlier stage only protected certain categories
of persons and especially women, either because women were
particularly exposed to danger in industrial work, or because
opposition to the regulation of working conditions could only
be overcome in a limited field of application. The history of
the regulation of hours of work and the history of industrial
health and safety regulation afford striking examples of that
tendency which will be mentioned in the course of this study ;
but there is hardly a chapter in which instances might not have
been cited. Much legislation was adopted to provide protection
for women (and young persons) at a time when there was so
little support for labour legislation that no attempt was made to
extend its protection to men ; where such legislation has not
XII
INTRODUCTION
been repealed its relatively modest standards are still part of the
law, and although in the main superseded by higher standards
established by subsequent legislation applying to both sexes,
or by customary industrial practice, it still controls the employment of women in certain points of detail not covered by
general regulations.
Thus the legislative provisions summarised in this study
are usually to be explained by formerly existing conditions,
and, as brief historical summaries of each question attempt
to show, the regulations applying specifically to women can
be understood only if the situation that gave rise to them is
borne in mind and if the early efforts of which they were the
result are looked at in relation to the whole field of labour
legislation.
CHAPTER I
METHODS OF REGULATION
Special regulation of women's employment, like regulation
of employment in general, may be effected by very diverse
means. The commonest are the various forms of national
legislation, such as laws adopted by national parliaments,
decrees issued by responsible authorities, and administrative
circulars and orders. Many examples of these will be found
in this study. Regulation may also be effected by means of
international agreements, among which certain distinctions
must be drawn.
The most important are multilateral agreements in the
form of international labour Conventions ; these do not differ
greatly in character from legislation proper, for although the
Draft Conventions adopted by the International Labour Conference are the expression of an international collective will,
they take effect only through the national laws and regulations
in which their provisions are reproduced.
This process of unifying national legislation has so far been
used to solve only a few large problems peculiar to the employment of women, problems which are certainly of capital importance, but are no more than parts of a much wider whole. One
of the Conventions adopted in Washington (1919) is designed
to protect working women before and after childbirth. Other
decisions of the International Labour Conference aim at protecting the health of working women by preventing their
exhaustion by night work or by underground work in mines and
their poisoning by exposure to lead. These Conventions and
Recommendations will be examined in the appropriate chapters.
It should, however, be pointed out here that the first international conferences that met at the end of the nineteenth
century, from the Berlin Conference of 1890 until the Great
War, considered questions of women's work and that it was
in the hope that international agreement would make it easier
to suppress the appalling abuses to which women workers had
2
THE LAW AND WOMEN'S WORK
been subjected since the mechanisation of industry t h a t the
first a t t e m p t a t international regulation was made, in 1906,
by the adoption of a Convention prohibiting night work for
women.
A second means of international regulation which is resorted
t o by certain States is t h a t of diplomatic negotiation and direct
agreement. Among the bilateral or plurilateral treaties containing provisions regulating the employment of women a
distinction must be drawn between those in which the contracting
States have given some sort of undertaking, in t h e presence
of the other contracting States, to do w h a t they can to improve
the conditions of employment of their women nationals in certain
directions and those in which the States have undertaken to
assure the application of certain conditions of employment or
enjoyment of certain privileges to those women nationals of the
other contracting State who are employed in their territory.
Treaties of the first type are comparatively rare ; in the
nature of their undertakings t h e y have some relationship to
international labour Conventions, since both aim a t improving
the national legislation or the internal social organisation of
each of the contracting States.
The best example of a treaty of this kind is the Workers' Protection
Treaty concluded by France and Italy in 1904. It clearly shows the
intention of both parties to unify their national legislation in certain
respects and to raise the more backward to the level of the more
advanced social organisation, which is the essential purpose of the
international labour Conventions. Historically, moreover, this
treaty is in line with the attempts made at the beginning of the twentieth century to promote international labour legislation, for in Article 3
the States declared that if either of the two contracting Governments
were to take part in any conference for the unification of protective
labour legislation, the other Government would, in general, be
prepared to do the same.
The main purpose of this treaty was to afford women and children
better legislative production.
Sometimes groups of States t h a t are closely linked by
common interests also conclude treaties for the purpose of
unifying protective labour legislation and securing common
regulation of women's employment.
An example is to be found in the treaty signed on 7 February 1923
by five Central American Republics, Guatemala, Saluador, Honduras,
Nicaragua and Costa Rica. These States undertook, as a general rule,
to prohibit night work for women in their territories, to promulgate
insurance legislation that would meet the needs of women workers
during the four weeks before and six weeks after childbirth and to
METHODS OF REGULATION
3
regulate the employment of women in such a way as to preserve their
health and that of their offspring.
However, when questions affecting women workers are
dealt with by treaty, the purpose is generally somewhat different ;
it is not to institute a system of regulation applying generally
to all women workers employed within the territory of the
contracting parties, b u t rather to afford women nationals of
one p a r t y who are employed in the territory of the other the
benefit of certain special privileges or protective measures.
So the treaties are often emigration treaties containing, in
addition to the general stipulations t h a t deal with the employment of all emigrants, special provisions applicable to emigrant
women. These provisions m a y include special assistance for
women during the journey (German-Yugoslav
Agreement of
22 February 1928, Franco-Polish Protocol of 3 February 1925,
etc.) ; special assistance and supervision during residence in the
immigration country (Franco-Polish
Protocol of October
1928) ; special precautions in the placing of women to ensure
morality, for instance by providing t h a t young women and
girls shall not be placed in isolated employment (GermanYugoslav Agreement of 22 February 1928 and
Franco-Polish
Protocol of October 1928) ; guarantee of free hospital t r e a t m e n t
for women in childbirth, as in the public assistance treaties
concluded by France with Belgium,
Italy, Luxemburg
and
Poland.
I t is often provided t h a t families shall not be split up,
t h a t housing conditions shall be such as to ensure morality, etc.
Great Britain has also concluded with several of the Dominions agreements dealing specially with the emigration of women.
All the various provisions of the treaties regulating the
emigration of workers have already been analysed in a study
on migration to which the. reader may refer. 1
Finally, it may be noted t h a t in one country with a federal
form of government, the United Stales of America, some of the
constituent States have begun to use agreements as a means of
bringing their respective laws on certain labour m a t t e r s into
line with each other and t h a t the first agreement so reached
relates to the fixing of minimum wage rates for women. Besides
1
INTERNATIONAL LABOUR OFFICE : Migration Laws and Treaties,
Vol. Ill ; " International Treaties and Conventions ". Studies and
Reports, Series O, No. 3, Geneva, 1929. Cf. in particular the references
to various passages in this volume given in the subject index under the
heading " Women ".
4
THE LAW AND WOMEN'S WORK
formal agreements of this kind, an informal understanding with
similar ends in view is sometimes reached between the administrative departments of the legislative units within Federal
States.
The organisation of women's work does not depend solely
on governmental action by legislation and treaty. This governmental regulation is supplemented by rules of various origin,
such as those established by collective agreements, by factories
and workshops, by trade unions, by insurance funds, etc. The
scope of these rules is extremely varied and may in some cases
be almost as wide as that of a national law (e.g. the rules of
nationalised insurance funds), or may cover a whole branch of
industry (certain collective agreements) or again it may be
confined to a single establishment. Even then, however,
owing 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 considerable
importance in determining industrial practice.
In a study of this kind it would be impossible to consider all
these factors and influences, and only the official control
provided by legislation, or by regulations with the force of law,
is described here.
Nevertheless these practical rules are highly significant, for
it is through them that legislative principles are applied. If in
any country the situation of working women under the practical
rules falls short of what it should be by law, the legal provisions
are a dead letter and do not improve the well-being of the
women they are intended to protect.
The practical rules may, on the other hand, go beyond the
minimum of legislative protection and afford working women
better conditions than those guaranteed by law. For instance,
the rules of insurance funds may allow considerably greater
advantages from maternity insurance than are required by law,
if the resources of the funds are sufficient to permit of raising
rates of benefit above the minimum or of granting supplementary
benefits in cash or in kind. Similarly, under collective agreements, workers may obtain better conditions of employment
than are guaranteed by law. In Great Britain the limits set
to women's hours of work by the Factory and Workshops Act
were up to 1937 an absolute maximum which, owing to the
terms of collective agreements, was very seldom reached, and
in the United States, owing to the voluntary or contractual
METHODS OF REGULATION
5
enforcement of the rules laid down in industrial codes, a 40-hour
week is worked in the textile industry and a 36-hour week in
the clothing industry, whereas the s t a t u t o r y limit for women's
work is still as high as 48 hours in the week in North Carolina,
a centre of the textile industry, and in Illinois, a centre of the
clothing industry ; t h u s the s t a t u t o r y limits are no longer of
any importance to a great m a n y working women who already
benefit by much higher employment standards. 1
1
Up to 1937, i.e. for some time after the industrial codes for the
textile and clothing industries were applied, the statutory limits of hours
of work in these two States were even as high as 55 and 60 hours
respectively.
C H A P T E R II
PUBLIC ADMINISTRATIVE DEPARTMENTS
DEALING
WITH
THE EMPLOYMENT
OF
WOMEN
A.—SPECIAL D E P A R T M E N T S
The existence of special problems in the employment of
women and the consequent need of enacting and enforcing
labour legislation t h a t takes these into account has caused the
creation of various administrative bodies to study problems of
women's employment in general, to prepare appropriate legislation and to supervise the enforcement of the laws so enacted.
Often a single administrative unit performs ell three functions.
Administrative services specialising in women's employment
questions are as yet to be found only in a very few countries.
Their establishment depends directly on the extent to which
women are employed in industrial occupations and on the
existence of the special problems raised by such employment,
b u t t h e y are interested in every kind of problem affecting t h e
occupational status of women. At the Labour Conference of
the American States which are Members of the International
Labour Organisation, held at Santiago-de-Chile in J a n u a r y 1936,
the following resolution was adopted :
" Whereas the position and the conditions of employment of women
in industry are matters of increasing importance and complexity in
many of the countries of the American continent ; and
" Whereas it is of vital social concern that these conditions should
not be permitted to develop in ways detrimental to the health of
working women ; and
" Whereas the study and the programming necessary for the socially
desirable development of women's work conditions can best be undertaken by a special division within the Department of Labour set up
for that purpose ;
" The Conference expresses the hope that the American States will
make provision as promptly as possible for the establishment of a
Women's Bureau in the Labour Ministry of each one of them. "
ADMINISTRATIVE DEPARTMENTS FOR WOMEN'S WORK
7
The most highly specialised institutions and those that have
been in existence longest are to be fou,nd in the United Stales,
the representatives of which country submitted the resolution
quoted above. Under an Act of 5 June 1920 (Public No. 259,
66th Congress H.R. 13229), a special body known as the Women's
Bureau was created in the Federal Department of Labor.
In the words of the Act the purpose of the Bureau is " to
formulate standards and policies which shall promote the
welfare of wage-earning women, improve their working conditions, increase their efficiency, and advance their opportunities
for profitable employment ". It is specified that the chief of
the Bureau shall be a woman. Besides this research bureau,
executive units in State administrations are responsible for the
enforcement of laws respecting the employment of women and
children. A dozen of these offices are now in existence in the
following States : Delaware, Illinois, Indiana, Louisiana, Kansas,
Minnesota, Missouri, New. York, Pennsylvania, Rhode Island,
Virginia and Wisconsin ; they centralise the system of labour
inspection for women, and usually also for young persons, carry
out investigations and draft legislative proposals. They have
a special staff of inspectors, often women. The number of
these administrative units is growing from year to year.
The system of setting up special sections to deal with women's
problems is moreover applied to other administrative bodies
in the United States. Apart from the women's employment
exchanges, such as are to be found in nearly every country,
reference may be made to the temporary institution set up to
organise large-scale works for combating unemployment, the
women's section of the Works Progress Administration. This
women's section has not only to plan special works for women
but also to arrange for the placing of women in more general
schemes.
There is no room in this study for a complete review of the
administrative organisation of each country in such a way as
to indicate the bodies that deal specially with women's labour
problems. By way of example, however, reference may be
made to a few typical institutions directly concerned with labour
legislation for women and the enforcement of that legislation.
It may be added that States whose labour administration is at
present being organised or reorganised have often tried during
the last few years to supply the need for such services.
A bureau of women's work similar to that in the United
8
THE LAW AND W O M E N ' s WORK
States is also to be found in Cuba, where a central organisation
with provincial branches and a staff of inspectors has been set
up under Act No. 91 of 12 April 1935 (Bureau of the Labour
Secretariat) and Administrative Decree No. 2912 of 3 November
1936 (provincial branches). In Uruguay the Women's and
Children's Section of the National Labour Institute is of much
the same nature (Decree of 24 April 1934). A special service has
been set up in the province of Buenos Aires (July 1936) in
Argentina, but only to supervise the enforcement of maternity
legislation. Certain other States have merely assigned this
particular task, together with others, to some section of the
Ministry of Labour (Colombia and Paraguay).
In Europe the system of assigning all the functions connected
with women's work to a central organisation has not so far
been adopted, but there are institutions of various kinds for the
study of women's labour problems, drafting legislation or supervising its enforcement, or again providing welfare for women
workers.
Among the bodies engaged in studying and drafting legislation, advisory committees have been in existence in som.e
countries for a long time. In France, for instance, the departmental labour committees were originally set up as advisory
committees to deal with the problems of women's and children's
labour. Although they have since been given wider terms of
reference, these committees may still submit proposals to the
Minister for the improvement of legislation respecting women's
employment and their members must necessarily include women
(Book II of the Labour Code, section 115). Furthermore, all
draft regulations concerning the employment of women and
children must be submitted for comment to the Superior Labour
Council.
In Belgium there are several bodies dealing with the employment of women, the most recent and highly specialised being the
Advisory Research Committee set up under a Royal Order of
13 July 1935, the function of which is to investigate the problems
of women's employment in industry and commerce on work
acknowledged to be unhealthy or exhausting. The Committee,
as soon as it was set up, asked that its terms of reference should
be extended to cover all problems of women's employment.
Since legislation concerning the employment of women and
children was introduced, the following bodies, with wider
powers, must moreover be consulted before any Royal Order is
ADMINISTRATIVE DEPARTMENTS FOR WOMEN'S WORK
'
9
issued under the Women's and Children's Act to supplement
the Act in respect of specified matters : (a) the competent
section of the Councils of Industry and Labour ; (b) the Superior
Council of Public Health ; (c) the Superior Council of Labour
(consolidated text of 1919, section 15).
For the supervision of conditions of employment for women
and of the enforcement of legislation, several countries, without
setting up any central body of the kind mentioned above as
existing in the United States, have divided the work among the
men and women inspectors in such a way that the women
inspectors are more especially (in France) or solely (in Poland)
responsible for supervising the enforcement of legislation concerning the employment of women and young persons. Some
laws and regulations require the enforcement of legislation
concerning the employment of women to be supervised by
women, e.g. the Factories Act of the Australian State of Victoria,
the Belgian Labour Inspection Order of 6 March 1936 (section 39),
the Chilean Contracts of Employment Act of 8 September 1924
(section 39) and the Labour Inspection Decree of 21 March 1924
(section 18), the Brazilian Constitution of 16 July 1934 (Article
121), the Finnish Labour Inspection Order of 4 March 1927, the
Venezuelan Labour Act of 15 July 1936 (section 154), etc. Other
laws, e.g. in the Canadian Provinces of Manitoba, New Brunswick
and Nova Scotia, provide in a general way for the inclusion of
women in inspection services.
The International Labour Organisation has on several
occasions recognised the utility of including women in labour
inspectorates to ensure the enforcement of labour legislation.
Such an inclusion was already placed by Article 41 of the
Constitution among those general principles that should be
observed by industrial communities in framing their social policy.
It was put forward again by the International Labour Conference
in the Labour Inspection Recommendation, 1923 (No. 20),
paragraph 12 of which runs : " . . . while it is evident that
with regard to certain matters and certain classes of work
inspection can be more suitably carried out by men as in the case
of other matters and other classes of work inspection can be
more suitably carried out by women, the women inspectors
should in general have the same powers and duties and exercise
the same authority as the men inspectors, subject to their having
had the necessary training and experience, and should have
equal opportunity of promotion to the higher ranks. "
10
THE LAW AND WOMEN'S WORK
The effects of Recommendation No. 20 were considered at
the First Regional Conference of Representatives of Labour
Inspection Services at The Hague in October 1935. As regards
the employment of women inspectors, the Conference concluded :
" it would appear that the employment of women on general or
specialised inspection duties has proved most satisfactory in
all the countries where it has been put into practice. The
Conference further feels justified in recording its conviction that,
where there is equality of qualifications and duties as between
the inspectors of the two sexes, there should also be equality
of conditions of service, "
Where there is no labour inspection in the strict sense of the
term, and sometimes even where there is, other administrative
services are responsible for enforcing regulations concerning
the employment of women and special precautions are taken to
prevent any breach of the regulations.
In Portugal it is the duty of the General Health Directorate
to ensure the enforcement of the two Decrees of 1927 concerning
the employment of women and children ; works doctors are
appointed as well as medical inspectors. Similarly, in Peru
the Decree of 29 January 1926 makes the Public Health Office
responsible for the strict supervision of all measures to protect
the health of the workers and for guarding against the dangers
that threaten the health of women and children employed in
industrial and commercial establishments. The Act of 23
November 1918 concerning the employment of women and
children also mentions in section 31 a number of authorities
which have power to supervise conditions of employment for
women ; provincial political authorities, judges of first instance,
and mayors may, on production of a medical certificate, have
any work stopped that is likely to injure the health of a woman
or child. Finally, institutions for the protection of childhood
and maternity are themselves entitled to bring an action (acción
popular) for breaches of the Act ; this particular kind of action
implies the giving of information which may, if they think fit,
be kept secret by the authorities competent to receive it, who
are the Minister concerned, the municipal councils and the
political or judicial authorities (Act of 23 November 1918,
section 30, and Regulations of 25 June 1921, section 34).
In Argentina power to bring an action for breach of the
law respecting the employment of women and children, although
in general assigned to specified administrative authorities, differing
ADMINISTRATIVE DEPARTMENTS FOR WOMEN'S WORK
11
according to area, is also given 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, under the Labour Act of 1926 (sections 38 to
40), justices of the peace, mayors, and administrative officials
have power to deal with offences against the regulations concerning the employment of women and children and the rights of
working mothers. The police are bound to report any such
offence that comes to their knowledge.
Even in European countries with highly developed systems
of labour inspection, administrative supervision is sometimes
reinforced to ensure the strict application of legislation concerning
the employment of women and children. In France, under
sections 113 and 115 of Book II of the Labour Code, the Superior
Labour Council, mentioned above, is responsible for ensuring
uniform and strict enforcement of the provisions concerning the
employment of women and children, and the departmental
labour committees may report on the same subject.
Besides supervisory bodies in the strict sense of the term,
welfare institutions that are specially concerned with women
workers should also be mentioned. For instance, in Germany
the main purpose of the women's Labour Office (Frauenarbeilsamt) set up under the new régime is to organise welfare
work and all appropriate cultural activities for women workers.
Administrative welfare services have sometimes been made
responsible for special categories of women. For instance, as a
result of agreements concluded between France and Poland at
a time when Polish migration into France was on a large scale,
the French Government appointed, in some twenty Departments where large numbers of foreign agricultural workers were
employed, special inspectorates to supervise the working and
living conditions of women immigrants employed in agriculture,
and these duties were entrusted to women. The activities of
these services somewhat slowed down, but they were revived in
1937. In Hong Kong, British Malaya and other colonial territories where protective legislation has been enacted for girl
servants employed under the mui Isai system, an official is
specially engaged in supervising the employment of these girls
and in assisting them in specified cases.
It may be added that Chapter III deals at greater length
with special services for maternity protection, several of which
in various ways provide assistance for working mothers.
12
THE LAW7 AND WOMEN'S WORK
B.— SPECIAL METHODS OF SUPERVISION
Special methods have sometimes been introduced which
make it easier for the competent administrative authority to
see that legislation concerning the employment of women is
properly enforced, and special deterrents have been provided to
repress breaches of that legislation.
One of the most usual means of facilitating administrative
supervision is to make it compulsory for undertakings employing
women to keep a register of their female staff, or, if the keeping
of a register is compulsory for all workers, to enter the women in
a separate register with precise information about age, occupation, hours of work, and so on. Some such provision is made
in almost every country and the factory inspectors and other
authorities have power to examine the register whenever they
wish. Another method, which is less usual but still quite
common, is notification of employment. Such notification may
take various forms.
In Germany the head of any undertaking employing not
less than ten workers who intends to take on a woman worker
must give notice in writing to the local police authorities before
the woman is admitted to work. The notification must state
the name of the undertaking and the days on which work is
done, the hours at which work begins and ends, the breaks
in the day's work and the nature of the work to be done.
If any change is made in the conditions of employment, a
further notification must be sent in before the change takes
place (Hours of Work Order of 26 July 1934, section 26, subsection 2, repeating the previous provisions of the Industrial
Code). In Greece the Act of 24 January- 6 February 1912 provides in section 15 for similar notification. In France, under
Book II, section 1, of the Labour Code as amended by the Act
of 30 June 1928, the occupiers of all commercial and industrial
establishments must, whatever the size of the establishment,
notify the authorities before taking on any female staff.
A similar provision is that requiring an application to be
made for permission to employ women workers,. So far as its
object is to provide for the supervision of conditions of employment in occupations involving physical or moral risks, it is
dealt with in Chapter IV, while Chapter VII deals with the
ADMINISTRATIVE DEPARTMENTS FOR WOMEN'S WORK
13
cases where the object of the provision is to restrict the employment of women in view of conditions in the employment market.
Another administrative means of facilitating the supervision
of women's conditions of employment is the requirement that
the regulations shall be posted up at workplaces. Under a
great many laws and regulations, occupiers of undertakings in
which women are employed must post up in some prominent
position not only the legal provisions concerning hours of work,
the wage rates fixed by wage committees and other administrative decisions, but also the rules of employment adopted by
the undertaking in conformity with the relevant legislation,
and dealing with the hours at which work begins and ends,
breaks, etc. Less commonly (e.g. under the French Labour
Code, Book II, section 84) occupiers of undertakings where
women are employed are also required to post up the names and
addresses of the inspectors who are responsible for supervising
the undertaking. This provision makes it easier for working
women whose rights have been infringed to lodge a complaint.
Under other laws, for instance, the British Factory and
Workshop Act (section 128), the posting up of the names and
addresses of inspectors is compulsory, irrespective of the age or
sex of the workers employed, for all undertakings to which the
regulations apply.
Some of the methods of supervising conditions of employment apply only to the employment of girls who are under age.
This applies to the system of employment books. In Belgium
girls in employment must have an employment book until they
become of age, whereas boys need only have one up to the age of
16 (consolidated provisions of 1919, section 16). In Italy,
where since the Act of 10 January 1935 was passed employment
books have been compulsory for all wage earners irrespective of
sex and age, the book in use for women under age must bear
special entries certifying ability to work (Act No. 112 of 10
January 1935, section 3).
The penal provisions by which legislation concerning women
workers is enforced are sometimes especially severe. In
Argentina, for instance, infringement of the Federal Act concerning the employment of women and children is punishable by
fines of 50 to 1,000 pesos, which are doubled for a second offence.
These penalties are heavier than those prescribed in other
Acts for the protection of workers, where the maximum is usually
500 pesos. Another typical provision is to be found in one of
14
THE LAW AND WOMEN'S WORK
the provincial Acts : in the Province of Santa Fé, the Hours
of Work Act of 24 June 1927 provides that the employment
of any adult male worker beyond the permissible hours shall
be punishable by a fine of 10 pesos, whereas for a male worker
under 16 years of age or a woman of any age, the fine is 15 pesos
(section 7).
Cuban legislation contains a rather unusual clause to the
effect that the proceeds of fines for breach of the regulations
concerning the employment of women shall be paid into the
working women's maternity insurance fund, thus providing the
fund with an additional source of income.
In some countries there are, besides the ordinary penalties,
other measures to ensure the observance of legislation protecting
women in employment. Thus the legal right of a working
woman to absent herself from work before and after confinement
without losing her employment is secured by various legislative
provisions that are set out in Chapter III below, dealing with
maternity protection. Such measures include free legal assistance to enable a woman worker to establish her rights, the
imposition of a heavy fine on the employer, which is payable
forthwith to the woman concerned, and so on.
There are other less common measures with the same object
of ensuring the satisfactory enforcement of protective legislation. In Peru there is a provision the apparent purpose of
which is to prevent the dismissal of women and children on
account of the inconvenience caused by their legal protection :
the Act of 26 March 1921 supplementing the Act concerning
the employment of women and children provides that any
woman or child dismissed from employment without valid reason
shall receive two months' wages.
Cuban legislation provides in various ways for protection
against dismissal and especially against dismissal due to the
regulations prohibiting night work for women. When these
regulations came into force employers were required to give the
women they had employed at night an equivalent employment
during the day (Legislative Decree No. 598 of 16 October 1934).
The employers' liability for accident or sickness is sometimes
held to be greater when the woman concerned was employed
contrary to legal provisions. In such cases, under the Legislative Decree of Cuba mentioned above (section 18) and the Act
of 6 October 1928 of Ecuador (section 10), the accident or
sickness is always held to be due to the employer's fault.
ADMINISTRATIVE DEPARTMENTS FOR WOMEN'S WORK
15
Among the means of reinforcing the penalties for infringement of laws for the protection of women is that of posting up
decisions concerning contraventions of these laws and publishing
these decisions in the local papers at the offender's expense.
For instance, the French Labour Code provides in Book II,
section 163, that the civil courts may in certain circumstances
inflict these penalties for a second offence.
In some countries, reports on the application of legislation
concerning the employment of women are made in a special
form, enabling the competent authorities easily to judge the
results of the legislation.
In Germany for instance, under section 139 B of the Industrial
Code, the legislative provisions concerning the employment of
women are among those on which annual reports must be
submitted by the competent administration. In Switzerland,
Cantonal Governments must every two years supply the Federal
Government with reports concerning the enforcement of the
Factory Act; parts 4 and 5 of the standard form of report
include very detailed questions about the enforcement of provisions concerning the employment of women (Federal Government Circular of 20 January 1931).
CHAPTER III
MATERNITY PROTECTION
It is clear that the purpose of most special regulations
concerning the employment of women is the protection of
maternity. Such regulations are intended to preserve the
vitality of the woman worker for normal child-bearing and
to help her to carry out the maternal tasks devolving upon
her in succeeding years, such as the care of her children, their
education, etc. By strictly limiting the hours worked by
women, by saving them from the exhausting strain of night
work, and by preventing them from being deformed by carrying
too heavy loads or from being poisoned by handling dangerous
substances, legislation is really endeavouring to preserve the
maternal function and to ensure the well-being of future generations.
But there is one form of regulation which aims more directly
at this end—that dealing with the conditions of work of women
during the maternity period, which may be taken as including
the periods of pregnancy, confinement, and nursing or care
during infancy. To safeguard the health of both mother and
child, and also the mother's occupational interests, a great
number of measures are required. These have been introduced
in more or less complete and consistent combination in the
legislation of a large number of countries.
A—INTERNATIONAL REGULATION
The International Labour Organisation has from its inception
taken an interest in this important question. An international
Convention adopted at the first Session of the International
Labour Conference (Washington, 1919) deals with the employment of women before and after childbirth. Its provisions
apply, without distinction of age or nationality, to all women,
married or unmarried, who are employed in industrial or com-
MATERNITY
PROTECTION
17
mereiai undertakings, other than those in which only members
of the same family are employed. The provisions of this
Convention may be classified under four heads : rest periods
before and after confinement ; guarantee of reinstatement in
employment after leave ; maternity benefits ; and nursing
facilities.
As regards maternity leave before and after confinement,
the Convention establishes the right of the woman worker to
leave her employment on production of a medical certificate
stating that her confinement will probably take place within
six weeks, and forbids her re-employment during the six weeks
following her confinement. The six weeks' absence before
confinement is thus optional, while that following confinement
is compulsory.
Both of these periods of absence may be extended in certain
circumstances. That before confinement is extended, for the
purposes of maternity benefit, by such period as may intervene
between the expected date of confinement as given in the
certificate and the date on which the confinement actually
takes place. The period of confinement leave during which the
woman retains the right to reinstatement in her position is
extended in case of sickness due to pregnancy or confinement.
The Convention further protects the woman worker from
the risk of dismissal during absence by a provision forbidding
the employer to give her notice of dismissal during maternity
leave or at. such a date that the period of notice would expire
during that leave, as defined in the Convention (six weeks
before and six weeks after confinement) or as extended, in case
of illness arising out of pregnancy or confinement, up to a
maximum period to be fixed by the competent national
authorities.
The maternity benefits which must be paid the woman
during maternity leave are of two types : (a) benefit in kind,
consisting of free attendance by a doctor or certified midwife ;
and (b) cash benefit replacing wages, to be paid throughout the
legal leave of six weeks before and six weeks after confinement
and any extension thereof due to discrepancy between the date
indicated on the medical certificate and the actual date.
The Convention leaves it to the competent authority of
each State to determine the amount of the cash benefit, but
states that it must be " sufficient for the full and healthy maintenance of the mother and her child ". The Convention also
18
THE LAW AND WOMEN'S WORK
stipulates that this benefit must be provided either out of
public funds or by means of a sysiem of insurance. The Conference thus limited the choice of means of financing benefits in
order to prevent the possibility of their being made a charge on
the employers. This precaution was dictated by the consideration that the prospect of having to meet the cost of benefits
would discourage employers from engaging women, and
especially married women—an eventuality which would have
been contrary to the Conference's desire of ensuring to women
absent on maternity leave security of tenure in their employment
and thus safeguarding their occupational interests during a
time when they are necessarily unable to work.
Finally, nursing facilities must be provided after the woman
returns to work ; the Convention lays down that women who
nurse their babies shall be allowed half an hour each day for
nursing.
A Recommendation, adopted at the Third Session of the
Conference (Geneva, 1921), which was devoted to the study
of agricultural problems, extended the principle of this Convention to women employed in agriculture. It asked the States
Members of the International Labour Organisation to adopt
measures to ensure to such women protection before and after
childbirth similar to that provided in the Convention for women
employed in industry and commerce ; these measures were to
include the right to a period of absence from work before and
after confinement and benefits during this period, provided
either out of public funds or by means of an insurance system.
In April 1936 the Governing Body of the International
Labour Office, after examining actual conditions in agriculture
with respect to maternity protection, proposed further action.
Its Committee on Agricultural Work found that a mere Recommendation had not been sufficiently effective in stimulating
national legislation and at its suggestion the Governing Body
instructed the Office to study " the specifically agricultural
aspects of the problem of the protection before and after childbirth of women employed in agriculture . . . with a view
to the adoption of effective measures in the form of a Draft
Convention " when the Governing Body should decide to place
the question on the agenda of the Conference.
The Conference of the American States Members of the
International Labour Organisation, held at Santia.go-de-Chile
in January 1936, moved in the same direction when it adopted
MATERNITY
PROTECTION
19
a resolution declaring that " all the rights and benefits conferred
by the Childbirth Convention should be extended to all women
working for any employer, including domestic servants and
women employed in agricultural undertakings ".
In another resolution the same Conference drew attention
'to the important subject of effective medical and social assistance
for pregnant women workers, and invited the Governing Body
" to study the possibility and desirability of submitting to the
International Labour Conference a draft Recommendation to
supplement the Convention of 1919 in regard to the form in
which free medical attendance during childbirth should be
given ".
The decisions of 1919 and 1921 have not exhausted the
possibilities of action in the international field and it is plain
that what has already been accomplished must be supplemented
by further action, not only to secure for all working mothers
enjoyment of the legal rights which have already been secured
to limited classes of them, but to complete in certain details
the internationally adopted plan of maternity protection.
While remembering, for the sake of the future, the gaps
in existing provisions, it is justifiable to attempt here to indicate
the progress which has been made in the last twenty years,
a progress for which the decisions of the International Labour
Conference may be presumed to have been in large measure
responsible.
^.—PROGRESS
IN
NATIONAL LEGISLATION
1919 TO 1938
FROM
By 1 January 1939 the Childbirth Convention had obtained 16
ratifications—those, namely, of Argentina, Brazil, Bulgaria, Chile,
Colombia, Cuba, Germany, Greece, Hungary, Lalvia, Luxemburg,
Nicaragua, Bumania, Spain, Uruguay and Yugoslavia. The
number is still small, but it cannot be taken as an adequate
measure of the progress made by national legislation as regards
maternity protection.
The Convention, it must be noted, includes a number of
fairly complex provisions concerning the contract of employment
and the benefits to be granted during the period of absence.
The application of the benefit provisions requires the creation
of insurance institutions, or, in their absence, benefit funds,
both of which require to be financed and cannot be hastily
20
THE LAW AND WOMEN'S WORK
improvised. It must also be frankly admitted that, given the
state of legislation and of institutions in 1919 when the Draft
Convention was adopted, the provisions which were put into
it obliged States to raise considerably the level of protection
granted up to that date. It is even permissible to believe that
the Convention has been a particularly powerful stimulus to
legislative protection in the matter of maternity just because
it sets a relatively high standard.
A reference to the report prepared for the Washington
Conference1 will show that at the date of its publication protection of working women at the time of childbirth was very
little developed.
With regard to the length of the rest period before and after
childbirth, only one of the 29 countries which had made such
a rest period compulsory, namely, the Union of South Africa,
granted a period of twelve weeks, of which eight were to be taken
after confinement. The Preparatory Report for the Conference
stated that at that time the total length of the rest period
generally varied between four and eight weeks.
For the rest after confinement, 14 countries prescribed a
period of only thirty days, and 15 of five weeks or more ; two
countries which prescribed six weeks (the figure adopted in the
Convention), Spain and Sweden, authorised a reduction to four
weeks on presentation of a medical certificate.
Even the period of four weeks granted by many of these
countries might often be reduced by the same means.
The right to be absent from work before confinement was
very rarely granted : a compulsory leave of four weeks was
prescribed in the Union of South Africa ; the right to a period
of leave, in most cases during the last four weeks of pregnancy,
was established in France, Norway, Spain, Sweden and Switzerland.
Of the 29 countries which had instituted compulsory
maternity leave, only 12 made any provision for the payment
of allowances during the leave ; 8 of those did so through their
sickness insurance scheme (Czechoslovakia, Germany, Great
Britain, Netherlands, Norway, Poland, Rumania and Switzerland) ;
one, Italy, by a special maternity insurance scheme ; the others
1
LEAGUE OF 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 III, Part 1.
MATERNITY PROTECTION
21
in the form of subsidies from State or local funds, which in some
cases, as in France and Norway, were granted only to necessitous
women. In Australia, a maternity allowance was granted to
all women whether or not they were habitually in gainful
employment.
In only 6 countries (France, Greece, Norway, Rumania,
Spain and Switzerland) was any statutory provision made to
safeguard the woman's right to return to her employment
after her confinement.
Provisions for giving the mother time to nurse her infant
existed only in the legislation of Argentina, France, Italy, Norway,
Spain and Sweden.
The Draft Convention adopted at Washington did not
therefore merely endorse the achievements of social legislation
in countries with advanced standards with a view to their
general adoption ; it may truthfully be said that it proposed
an advance for all the States Members of the Organisation.
None of these States, whose delegates adopted the Draft
Convention by a large majority (67 for, 10 against, with 11
abstentions), was in a position in 1919 to ratify immediately
or to apply all the provisions of the Convention without making
important amendments in its legislation, and also increasing
the budgets of its institutions for insurance or public assistance,
or even reorganising them. At the same time, careful examination of present laws and regulations shows that although many
of these have not yet reached the standard which would permit
them to ratify the Convention, others have surpassed the Convention standards. There are many provisions in national
laws which deal with problems of maternity protection not
touched by the Convention.
As the systems introduced for the protection of maternity
develop, the value of certain measures will appear more clearly
than in the experimental stages of first application. It may
be that no single country has adopted all the complementary
measures which may seem desirable, these measures being relevant to needs which have been most keenly felt in one or another
place because of its particular social conditions. It seems,
however, probable that all the essential problems connected
with maternity among employed women have been recognised
and solved in one country or another, and that it should be
possible to deduce, from a review of national legislation, a kind
of ideal scheme for the protection of maternity.
22
THE LAW AND WOMEN'S WORK
An attempt will be made in the following pages to summarise
the advances made in national legislation between 1919 and
1938, under the influence of the standard set by the Washington
Convention, to analyse briefly the problems requiring the
intervention of the law and to note from the experience of various
countries the diverse solutions which can be proposed.
§ 1.—Regulations relating to the Contract of Employment
MATERNITY LEAVE
The main provision of the Washington Convention is the
institution of rest periods before and after childbirth ; the clauses
which make this provision have been discussed above.
In national legislation the granting of maternity leave is
also put in the first place, though with variations as to duration
and other conditions.
As regards duration, the Convention of 1919 laid down,
for normal cases, two rest periods of six weeks each, making
a total of twelve weeks. According to the preparatory report
for the Washington Conference, only one country had at that
time provided for a rest period as long as this.
The tables at the end of this chapter analyse present laws
on maternity leave before and after childbirth. As regards
legislation applying to the whole territory of a State, the total
period of maternity leave is in two countries 16 weeks ; in twenty
countries 12 weeks, though in three of these it is not provided for
all the women workers covered by the Convention, while in one
other it applies only to cases in which the necessity for absence
from work is certified by a doctor ; in three countries the total
period of leave is 10 weeks ; in two, 9 weeks ; in ten, 8 weeks ;
in sixteen, 4 to 8 weeks ; and in one, of unspecified length. Moreover rest periods of from 4 to 12 weeks are provided for in the
laws covering several of the constituent legislative areas of federal
countries.
National laws that provide for maternity leave rarely fix
a maximum duration for the total period of absence ; they
almost all follow the example of the international Convention
by authorising two periods of leave, one before and the other
after confinement. This prevents the shortening of the rest
period after confinement in the event of a confinement occurring
MATERNITY
PROTECTION
23
later than anticipated. It is also to be noted in this connection
that the great majority of States have further followed the
example set by the Convention in making the rest period after
confinement compulsory and that before confinement optional ;
several, however, have made the whole period compulsory,
while a few have merely granted the right to maternity leave
without imposing any obligation to abstain from work either
before or after confinement.
The guarantee of the right of the woman to absent herself
from her work without termination of her contract is obviously
essential to her protection. The prohibition of her employment
at least for a certain period after childbirth is an additional
safeguard, to prevent pressure being brought to bear upon the
mother to resume work before the expiry of the rest period to
which she is entitled, or voluntarily resuming working, for
pecuniary reasons, sooner than is good for her. As regards
this last point, it is worth noting that the insurance legislation
of most countries makes the payment of maternity benefits
conditional upon abstention from work. The practical effect
of this provision is the same as that of the prohibition of employment ; sometimes the two provisions are applied simultaneously.
Most countries also require the maternity leave to be extended
by whatever time elapses between the anticipated and the actual
date of confinement.
A certain number of States do not entitle women workers
to maternity leave in the strict sense, but only prohibit employment during a specified period after, or before and after, childbirth. There is a wide difference of purpose between regulations
of this kind and those laid down in the international Convention.
In the international Convention, the right to maternity leave
is closely bound up with other complementary rights—the right
to reinstatement, which guarantees the woman that she will
be able to resume her work at the expiry of the legal period
of absence, and the right to benefits sufficient to ensure the
adequate maintenance of mother and child. To prescribe a
rest period without providing either for reinstatement or for
benefit is to run counter to the humanitarian purpose of the
Convention. The aim of the Convention is not to withdraw
workers of temporarily impaired efficiency from their occupations, or to compel women without other sources of income
than their wages to take periods of rest without pay. The
Convention offers the woman worker at the same time the rest
24
THE LAW AND WOMEN'S WORK
that she needs, the certainty of keeping her means of living
and the temporary resources that she requires meantime.
GUARANTEE OF REINSTATEMENT IN EMPLOYMENT
The progress made by national legislation between 1919
and 1937 as regards the guarantee of reinstatement in employment
after the legal period of absence is perhaps even more striking
than that made as regards the length of the rest period. It
will be remembered that in 1919, according to the Preparatory
Report, this guarantee was provided by only 6 States. The
tables for 1938 show that there are now 39 sovereign States,
as well as a number of dependent territories, which legally
guarantee reinstatement.
Several States have even adopted highly effective measures
to ensure respect for this right, observance of which has sometimes proved difficult. The laws of some countries (Guatemala,
Peru) require the employer who dismisses a worker during her
legal period of absence to pay her ninety days' wages, without
prejudice to the compensation for which he may be liable under
the contract of employment or the relevant statutory provisions.
In Argentina and Ecuador the law lays down that when a woman
worker is dismissed unlawfully, the amount of the fine to which
the employer is liable must be paid immediately to the woman
herself.
A system of an entirely different sort is employed in the
legislation in France. It consists in giving to the woman whose
rights have been infringed free legal aid to enable her to bring
her case before the courts. In countries in which labour courts,
to which access is free, have jurisdiction in disputes of this
kind, the woman is automatically entitled to free legal aid >and
no special provision to this effect need be made in maternity
legislation. The legislation of Chile, which expressly lays
down that the worker must be restored, after her period of absence,
to her former post or an equivalent post to which the same
wages are attached, lays upon the labour inspectorate the duty
of deciding any disputes as to the equivalence of the posts.
Many States go further than this, protecting the woman
worker not only during the period of maternity leave but from
the beginning of pregnancy—or at least from the moment
of its declaration—against the risk of 'dismissal, which is by
no means unlikely to occur, and which, when it does occur,
MATERNITY PROTECTION
25
makes useless the measures designed to afford protection in the
later stages of pregnancy.
To prevent disputes in connection with the legal prohibition
of dismissal " on account of pregnancy " the legislation of some
countries (e.g. Chile) provides that the woman worker may be
dismissed during pregnancy only on legitimate grounds as
clearly defined by the law (serious fault, force majeure, etc.).
It is sometimes laid down that the decline of a worker's output
as a result of pregnancy shall not be deemed to be a legitimate
ground for her dismissal (Cuba).
In the U.S.S.B. a woman who is pregnant or the mother
of an infant may not be dismissed without the authorisation
of the labour inspectorate, and refusal to engage a pregnant
woman, or reduction of her wages, is punishable by severe
penalties.
EXTENSION OF LEAVE IN SPECIAL CASES
Various legal provisions permit the extension of the normal
maternity leave in cases of pathological pregnancy or confinement.
One of these provisions, which figures in the international
Convention and reappears in the legislation of a large number
of countries, deals with extension of leave in case of sickness
resulting from pregnancy or childbirth. The Convention
requires such an extension only in relation to the right to reinstatement in employment and does not require the payment
of benefit during the extension, but the legislation of many
countries, as will be seen later, requires the continued payment
of benefit during any extension due to sickness following upon
confinement.
The Convention leaves it to each State to determine the
duration of such an extension, and there is wide variation in
the periods fixed, their length ranging from a few days to
several months. Sometimes no maximum is laid down, and the
extension terminates only with the period of incapacity for work
as indicated by the medical certificate.
Neither the Convention nor national legislation state clearly
whether a woman can advance the date at which she begins
her maternity leave, in the same way as it can be extended in
the case of pathological pregnancy, and it seems that the presumption of such a possibility is not usually admitted and in
most countries is explicitly excluded.
26
THE LAW AND WOMEN'S WORK
In some countries, as, for example, in the legislation of
France, the possibility of extensions of the kind is excluded by
the inclusion of a provision with a somewhat similar purpose :
the liberation of the pregnant worker from the obligation to
fulfil her contract of employment without providing that her
position must be restored to her after her period of incapacity.
The provision authorises her to terminate her contract at any
time during her pregnancy, without having to pay any compensation for breach of contract, if she presents a certificate stating
that her ceasing to work is due to the state of her health. Such
a provision, of course, can only benefit workers employed under
long contracts in which it is laid down that either party desiring
to terminate the agreement must observe a specified period
of notice or else pay compensation.
Another interesting provision, having the same purpose as
advancing the date of maternity leave, is contained in the
legislation of Poland, and of some other countries. This is
the authorisation of short absences (in Poland up to six days
monthly) in case of need of rest at any time during pregnancy.
OTHER PROTECTIVE MEASURES
Other legal provisions provide protection for the pregnant
woman while employed during pregnancy, or the immediate
period when she resumes her work after childbirth. The
purpose of these provisions is to prevent the employment
of pregnant or nursing women at arduous work which may
injure their health or that of their children. The legislation
of some countries (Cuba, Italy, Portugal, the U.S.S.R., etc.)
specifies the kinds of work which are unsuitable for pregnant
women (work in occupations requiring constant standing, or
subjecting the worker to jars or vibration ; carrying of weights ;
work specified as exhausting ; overtime work, etc.). In other
countries the law prohibits in general terms the employment
of pregnant women in " exhausting occupations ", which leaves
it to the supervisory authorities to decide what work is permissible and what is forbidden.
In order to adapt the work to the momentary condition
of the worker, the legislation of some countries lays down that
the work in which a pregnant woman is ordinarily engaged must
be modified if the state of her health so requires. The legislation
of Portugal provides for the medical supervision of pregnant
MATERNITY PROTECTION
27
workers in the factory itself, while in several other countries,
as will be seen later, such supervision is provided in ante-natal
consultation centres maintained by social insurance or other
public institutions in connection with the granting of maternity
benefits.
DECLARATION OF PREGNANCY
Most of the provisions referred to in the preceding paragraphs,
as establishing special conditions of work for pregnant women,
special arrangements enabling them to absent themselves from
work, or special guarantee against loss of employment implicitly
assume that the worker concerned will have notified her employer
of her pregnancy. In several countries, indeed, judicial decisions
relating to the above provisions show that if a woman has not
notified her employer of her condition she cannot avail herself
of the rights to which she is entitled by the law. In others,
however, the courts have admitted that proof of pregnancy
need not be furnished unless and until the woman worker
contests her dismissal. In some countries, however, the law
explicitly requires every pregnant worker to declare her pregnancy
after a specified period (e.g. in Argentina, the sixth month of
pregnancy ; Italy, the fifth month).
NURSING FACILITIES
The legislation of some countries lays down that when a
woman worker has returned to work after maternity leave,
she is not to be employed on certain arduous forms of work
during the period in which she is nursing her child. Provisions
of this kind, however, are much rarer than those affording
similar protection during pregnancy. A very large number
of countries (36 States) follow the international Convention
in providing that during the nursing period (or for a maximum
period varying between six months and one year according
to the country) a woman is entitled to breaks in her work
—generally half an hour twice a day—for nursing purposes.
In many countries the law explicitly provides that breaks
for nursing must be granted in addition to the rest periods to
which all workers are entitled, sometimes laying down that
the time allowed for nursing must be counted as part of the
normal working time, and sometimes stipulating that no
deduction from wages may be made in respect of such time.
28
THE LAW AND W O M E N ' S WORK
In view of the ease with which deductions of this kind can be
made in the case of piece work, the legislation of some countries
explicitly provides that time allowed for nursing must be paid
for whatever the system of remuneration of the worker, and
sometimes regulations prescribe the method of calculating
the pay due for such breaks in the case of piece workers.
In order to facilitate breast feeding, many countries have
made it compulsory for establishments employing more than a
specified number of women to maintain special rooms to which
infants can be brought to be nursed by their mothers during
the working day. Many countries also require the installation
and maintenance of day nurseries, where infants (or in some
cases all children under school age) can be looked after under
proper hygienic conditions while their mothers are at work.
Detailed regulations are sometimes laid down regarding these
day nurseries and it is provided that they must be approved by
certain supervisory authorities (labour inspectorate, public
health service, etc.).
In some countries, the institution of factory day nurseries
has become very widespread ; in others, day nurseries and crèches
are maintained instead by the municipal authorities or other official
bodies, such as the social insurance funds, maternity protection
societies, etc. In the U.S.S.R., where these nurseries have
reached a very advanced stage of development, a great variety
of public services—building services, insurance institutions,
industrial and agricultural undertakings, town soviets, trade
unions, etc.—must contribute financially to their establishment
or supervise their operation.
It is to be noted that the legislation of a few countries provides
for the establishment of day nurseries in factories and other
establishments, not for the children of female employees only,
but for those of both sexes, whenever circumstances render it
difficult for the workers to have their children taken care of at
home.
§ 2.—Maternity Benefits
The Washington Convention provides for benefits of two
kinds : benefit in cash, to replace wages throughout the period
of absence before and after confinement (including any time
elapsing between the anticipated and the actual date of confinement) ; and benefit in the form of free attendance by a doctor
or certified midwife.
MATERNITY PROTECTION
29
A survey of present-day legislation concerning cash benefit
in lieu of wages reveals great progress between 1919 and 1938 ;
there are to-day 50 States in which such maternity benefit
is payable.
FINANCING OF MATERNITY BENEFITS
It has already been explained why, in the interests of the
women protected, the Convention allows of only two alternative
methods of financing maternity benefits, namely their supply
from public funds or from insurance. Both these methods
afford the working mother some degree of protection, but only
insurance, based as it is on contributions, confers upon her a
definite right guaranteed against all discrimination.
Assistance financed out of public funds is wide in scope,
making no distinction as regards occupations ; but grants are
almost inevitably very small, and unadjusted to individual
requirements.
Insurance, on the other hand, is restricted to the group of
insured persons. The financial means at the disposal of the
insurance institutions are determined in amount, and are generally sufficient to ensure effective and individualised help.
Their medical, social and administrative equipment enable
them to develop systematic maternity protection.
The advantages of insurance have made it the expedient
almost universally adopted. At the present time 27 States
(as compared with 8 in 1919) have recourse to compulsory
insurance for financing their maternity benefits, while two
others have passed legislation for the creation of such schemes
in the near future, and several more have announced their
intention of adopting the same course. In five other States
voluntary sickness' insurance funds which receive Government
subsidies are obliged to grant their members maternity benefits.
Assistance out of public funds is now the principal means
of maternity subventions in only two countries. But this method
is not incompatible with insurance. The two may operate
concurrently and supplement each other, or they may be applied
independently to different social groups. Many States combine
insurance and assistance either by providing allowances out of
public funds to such women workers as are not entitled to
insurance benefit during their maternity leave or by supplementing benefit by allowances for the purpose of extending
30
THE LAW AND WOMEN'S WORK
the benefit period to coincide with the whole of the period of
absence allowed for by law. The laws of Denmark, Norway
and Sweden furnish interesting examples of combinations of
the two systems.
Some States employ a third method, not provided for in
the Convention, for giving financial aid to women absent from
work on account of childbirth ; they grant the worker the right
to her wages in full or in part throughout the statutory leave
period.
The disadvantages of this method of supporting the worker
during her absence from work—the greatest of which is the risk
of immediate dismissal as soon as the employer suspects
pregnancy—are felt most strongly when the employment
contract is for a very short period and dismissal is therefore
easy, as is usually the case with industrial workers. They are
a little less serious in callings in which, by custom or by law,
the employment contract is for an extended period and the
parties are bound to give notice a long time before terminating
it or to pay compensation.
Of the States whose legislation is summarised at the end
of this chapter there are at present 18 which require employers
to finance maternity benefits. It should be noted, however,
that five of the States employing this method have explicitly
declared that they are doing so only temporarily, pending the
establishment of a system of social insurance, while in others
a movement of opinion in favour of insurance is shaping. It
may be concluded therefore that the use of the third method
is declining.
Maternity leave with continuance of pay is of course the form
of maternity provision used in the case of women public servants,
a category of workers not covered by the Convention. Here,
however, the employer being the State, the financial burden
is placed upon public funds and the disadvantage mentioned
above as attaching to this method is not present.
ADMINISTRATION
OF BENEFITS
BY
INSURANCE
INSTITUTIONS
System of Insurance
Insurance schemes fall into two classes ; according to the
system of affiliation of members they are either compulsory
or voluntary.
MATERNITY PROTECTION
31
Only compulsory insurance schemes can satisfy the requirements of the Convention, which requires the protective measures
provided to be applied to all women in the occupational groups
covered. Thanks to its automatic character and the large
membership over which risks are distributed, compulsory
insurance provides a basis sound enough to permit the payment
of adequate maternity benefits. A voluntary insurance scheme
can however also fulfil this function if it is highly developed
and if special measures are taken for uninsured women.
In the great majority of countries maternity benefits are
paid by means of insurance schemes covering both sickness and
maternity. Such a method has many advantages. Insurance
is spread over a large group of persons, permanent contact can
be maintained between the insurance institution and the women
insured, the insurance institution is in a position to set up its
own medical and obstetrical services, health and social services
can be provided to watch over mothers for long periods in
cases of pathological pregnancy or confinement, and, finally,
it is possible to provide, in virtue of a husband's insurance,
maternity benefits for wives who are not themselves in employment, and sometimes for other members of the families of
insured workers of either sex. Combination of sickness and
maternity insurance is thus advantageous to all women in those
groups of the population that have low incomes and is a valuable
instrument for the improvement of public health and of the race.
A few countries have, however, established maternity
insurance systems in the strict sense of the term, that is to say,
for the provision of maternity benefit only. The establishment
of such schemes is regarded by certain governments as a first
step towards the introduction of integrated sickness and maternity insurance. Schemes limited to insurance of maternity
inevitably have difficulty in organising, elsewhere than in large
urban centres, their own medical and social services ; and if
they only cover women who are gainfully employed, as is
usually the case, their effect on the public health is correspondingly limited.
Cash Benefits
The Convention provides for the payment of benefits
are intended to take the place of the woman's wages and
be " sufficient for the full and healthy maintenance of
and her child ", during the legal period of absence (six
which
should
herself
weeks
32
THE LAW AND WOMEN's WORK
before and six weeks after confinement and any time that may
elapse between the anticipated and the actual date of confinement).
The payment of a periodical allowance proportionate to
the length of the rest period that is actually taken by the worker,
within the limits of her rights, corresponds best to this provision,
provided that the amount of the allowance is calculated in such
a way that it will in fact cover the more than ordinary living
expenses incidental to confinement.
The payment of the allowance on a daily basis ensures that
the benefit period corresponds exactly with the period during
which the contract of employment is suspended. This has
two main advantages. It encourages the woman to make full
use of her rights by leaving her work at the beginning of the
period for which she is entitled to absent herself (six weeks
before the anticipated date of her confinement) ; and it is a more
dependable and more elastic means of compensating loss of
wages than the payment of a lump sum allowance—the same
in all cases—in which case it is impossible to forecast exactly the
period of absence before confinement.
Various methods are used in national legislation for calculating the allowances.
Some laws provide for payment of a flat rate lump sum
without reference either to the length of the period of absence
or the rate of pay of the insured person.
Other laws provide for benefits which vary with wages, but
are calculated with reference to a standard period of leave and
do not vary with the length of the actual absence from work.
This method of calculation is employed chiefly in countries
where maternity leave is compulsory before as well as after
confinement and individual variations, due to errors in estimating
the date of confinement, are therefore relatively unimportant.
In the countries in which absence before confinement is optional,
a few have schemes for a daily allowance for a fixed length of
time before and after confinement, whether the insured woman
leaves her work or not, or at least provide a partial allowance
if she remains at work.
Most laws, however, fix the amount of the allowance
according to the actual length of the rest taken and the rate of
wages ; in other words, the daily allowance, calculated on the
basis of the worker's wages, is paid only so long as she remains
absent from work.
MATERNITY
PROTECTION
33
The legislation of one country makes the total amount of
the allowance proportionate to the length of time during which
the woman has been insured, while in some countries the same
criterion is used for calculating the amount of the reduced
allowance payable during her qualifying period.
As regards the rate of the allowance, great caution must
be observed in making international comparisons, for account
must be taken not only of the percentage of the basic wage
represented by the allowance, but also of the methods used in
calculating the basic wage ; the latter sometimes differs
substantially from the actual wage.
Subject to this reservation, it may be noted that the rate
commonly adopted for the daily allowance is 75 per cent, of the
average wage ; this basic benefit is frequently supplemented by
certain subsidiary benefits, as indicated below. An allowance
equal to the whole wage is granted in a few countries only ; in
some countries where payments had previously been on this
scale, benefit rates were lowered during the depression, because
of the financial embarrassment of the insurance funds. The
fixing of a minimum rate, as practised in the legislation of
several countries, favours the lower-paid workers. In other
countries the allowance for the lowest-paid groups is equal to
their wages, but for the other groups is calculated as a percentage
of wages which diminishes as the wage rises. In recent years
some countries have raised the rate of allowance as a means of
combating the fall in the birth rate.
On the whole, remarkable advances have been made in the
rate of allowances since 1919, for, according to the Preparatory
Report for the Washington Conference, the allowances granted
by sickness funds were at that time generally 50 or 60 per cent.
of basic wages.
As regards the benefit period, most States adhere to the
principle that it should coincide with the legal period of absence
from work, whether this period is that fixed by the Washington
Convention or of shorter or longer duration.
In a few countries, however, the period during which the
allowance is paid is considerably shorter than the legal period
of absence, with the result that the loss of wages sustained by a
worker who takes the whole of the leave to which she is entitled is
only partly compensated. Some States, on the other hand,
in order to make the benefit period coincide with the rest period
(Denmark, Norway, Sweden), extend the period of insurance
3
34
THE LAW AND WOMEN'S WORK
benefit (sometimes with the help of public funds), in the case
of women workers taking the compulsory rest period after
confinement, beyond the normal period fixed for insured women
in general. In other countries (Brazil, Chile) the employer must
pay the allowance for that part of the legal rest period which is
not covered by insurance.
As has already been stated, some schemes grant the allowance
unconditionally from the beginning of the period before confinement during which leave is allowed, whether the leave is actually
taken or not. Some—and in many cases the same—schemes
provide for the payment of an allowance outside the ordinary
rest period and throughout periods of incapacity for work due to
pregnancy or confinement. The Convention only protects the
worker against the risk of dismissal during such periods, without
requiring the extension of the benefit period.
The insurance legislation of several countries provides for
supplementary benefits in addition to the ordinary benefits ;
these are granted by the funds, within the limits of the law and
according to their resources, in the form of additions to the rate
of allowance or extensions of the benefit period.
Compulsory cash benefits other than those required by the
Convention, the most usual of which is the nursing allowance,
are also included in many systems. The rate and the duration of
these benefits vary from country to country. The duration
ranges from a few weeks to several months—sometimes even
eight or ten months. The rate is sometimes very low, but in
many systems it is as much as half of the maternity benefit ;
sometimes it is reduced month by month ; frequently it is
proportionately increased in the case of multiple birth. The
cash allowance is sometimes replaced by milk vouchers if the
mother is not able to nurse the child herself.
Less frequently, a layette bonus is granted in addition to the
nursing allowance.
The total of supplementary allowances sometimes constitutes
a considerable fraction of the insured person's maternity benefit.
Some systems provide a lump sum cash payment for confinement expanses instead of the benefits in kind which are described
in the following section.
Benefits in Kind
The Convention provides that free medical attendance must
be given at the time of confinement. Obstetrical assistance is
MATERNITY
PROTECTION
35
the essential form of such attendance, and many schemes
provide it for insured women by placing the services of midwives
and doctors at their disposal.
The granting of these benefits in kind makes possible the
most effective sanitary and social supervision of the insured
population ; but some countries have preferred to reimburse
confinement expenses at standard rates, thus leaving the
insured persons free in the choice of midwife or doctor.
The scope of the benefit varies from one scheme to another.
It generally embraces every form of obstetrical assistance,
including any necessary surgery, medicines and other therapeutic
supplies and transport. In many schemes it covers also medical
supervision during pregnancy and after confinement. In some,
indeed, submission to ante-natal medical supervision, at least
after a certain stage of pregnancy, is a condition for the receipt of
cash benefit. Obviously supervision of this kind can prevent
many accidents and ensures confinement under favourable
conditions.
Obstetrical assistance may be given either in the home of
the insured woman, or in a maternity home, hospital, or other
such establishment. Care in an institution equipped for
maternity cases offers such advantages in the matter of hygienic
conditions, that under some schemes benefits in kind are normally
granted in this form, save in exceptional cases, and most
schemes, while not making institutional care compulsory, are
tending to increase its use.
Post-natal supervision, which includes supervision of breast
feeding or artificial feeding, and of the growth of the infant, is
also undertaken by the medical services of many insurance
schemes. This is an excellent means of spreading a knowledge
of the elements of child hygiene, and insurance systems which
provide it contribute actively to the improvement of public
health.
Conditions for the Granting of Benefits
Eligibility for maternity benefit is nearly always conditional
on the completion of a qualifying period. When it is remembered
that maternity benefits, though varying from one insurance
scheme to another, always amount to considerable sums—up
to a quarter of 'annual wages and sometimes even more—it
will be understood that guarantees against abuses are necessary.
36
THE LAW AND WOMEN'S WORK
The conditions attaching to the qualifying period and to
its duration vary. For the purpose of cash benefits, it is
usually long enough to ensure that the connection with the
insurance scheme has been established before conception ; it is
commonly about ten months. Some schemes, however, grant
benefits after a period of membership much shorter than the
period of pregnancy (e.g. Estonia, Latvia, Peru, Yugoslavia),
while others impose a much longer qualifying period, one
scheme requiring a period of 18 months.
A certain qualifying period of membership in the insurance
scheme is sometimes required to fall in the time immediately
preceding confinement or a given number of contributions
has to be paid in a corresponding number of immediately
preceding weeks. But this membership qualification may take
the less stringent form of a requirement that a given number of
contributions must have been paid within a relatively extended
period ending with the date of confinement : for example, six
months' contributions in the course of the preceding year, or
ten months' contributions in the course of the two preceding
years.
The qualifying period may be made easier to complete in
two ways : periods in which no contributions were paid, because
of sickness, unemployment, etc., may be treated as periods of
continuing membership and the period in the course of which
the prescribed minimum of contributions must have been paid
may be extended.
The qualifying period entitling to a cash allowance is
generally longer than that entitling to obstetrical assistance,
which is granted to insured women on the sole condition of
their having completed the qualifying period.
In some insurance schemes, the qualifying period is also the
only condition for eligibility to benefits in respect of pregnancy
and confinement, but in most schemes eligibility for a regular
allowance is conditional on abstention from employment.
Some schemes require pregnancy to be declared at a certain stage
and require the insured woman to have made use of the antenatal consultation centres. Lastly, some systems grant an
allowance only in cases of incapacity for work.
Financing of Insurance
The manner in which an insurance scheme "is financed is of.
more than technical importance, for it also involves the
*
MATERNITY PROTECTION
37
social side. From both the technical and the social point
of view, it is clearly desirable that the cost of maternity insurance
should be distributed as widely as possible by drawing on
contributions from public funds as well as on contributions
from workers of both sexes and from their employers.
Tripartite contribution of this nature has proved technically
able to provide in practice the highest maternity benefits to the
widest circle of beneficiaries. This wide distribution of the
costs best meets the claims of social justice, since maternity is
definitely a social function and it is desirable that the community
as a whole should bear the cost.
Schemes combining sickness and maternity insurance are
generally financed on the tripartite system. There are however
schemes in which the share of the cost of maternity benefits
borne by the State is insignificant. There are even schemes
supported entirely by the contributions of the insured workers
of the two sexes and of their employers.
Schemes of insurance for maternity alone are generally
financed by the contributions of women workers only and of
the women's employers, with a supplementary grant from the
State in respect of each confinement. But tripartite contribution, by the State, workers of both sexes, and employers is not
inapplicable to insurance for maternity only, as is shown by the
practice of Cuba ; and it has the twofold advantage of permitting
the extension of maternity benefits to the wives, who are not
themselves wage earners, of contributors to the scheme and at
the same time preventing the discrimination against women
in the labour market which might result if the employer had to
pay certain insurance contributions in respect of female
employees only.
ADMINISTRATION OF BENEFITS BY PUBLIC ASSISTANCE
INSTITUTIONS
Conditions for the Granting of Benefits
To comply with the Convention, assistance must be granted
to all women workers belonging to the categories covered,
without distinction as to occupation and irrespective of need.
In most public assistance schemes the claim to benefit is presumed to be based upon need, although not always on actual
indigence ; inadequate income or (more rarely) income of less
38
THE LAW AND WOMEN'S WORK
than a given modest amount (Australia, Finland, New Zealand)
may entitle to maternity allowance ; as also dependence on
wage work as a means of subsistence (Denmark, Sweden, Union
of South Africa) or unemployment (Latvia).
Cash Benefit
Maternity benefit provided by public assistance schemes is
usually in the form of a lump sum, but some schemes provide
allowances of so much per day or per week, usually payable only
over a short period.1 It should be remembered in this connection that, as already stated above, supplementary allowances
are sometimes paid in addition to the basic allowance, and that
some States combine insurance and assistance for the purpose
of covering the whole period of legally authorised maternity
leave.
Public assistance schemes, however, usually provide only
a very small measure of support. They cannot administer cash
benefits on a personal basis and cannot, therefore, like insurance
schemes, take account of the rate of the wages which the
allowances are intended to replace.
Benefits in Kind
Obstetrical assistance is often organised by local and regional
public services, usually on the basis of need referred to above,
with the modifications that may be called for in respect of
persons with no other income than their wages.
Maternity and infant welfare services on the other hand,
such as ante-natal and post-natal consultation centres, which
have great possibilities for the improvement of public health and
welfare, are generally accessible to less restricted groups of the
population.
COLLABORATION OF INSURANCE AND PUBLIC ASSISTANCE IN THE
GENERAL PROTECTION OF MATERNITY
As has just been stated, in several countries insurance and
assistance are used jointly to secure to women workers adequate
allowances during the whole of their legal rest periods. More
often the public authorities, in co-operation with insurance
1
A periodical allowance is paid during a period which goes up to
12 weeks in the Union of South Africa, and in Sweden up to 56 days, to
women workers for whom the period of absence from work is compulsory.
MATERNITY
PROTECTION
39
schemes, or independently supplementing these schemes,
maintain institutions in which medical care is given to expectant
and nursing mothers of small means (whether or not they are
gainfully employed) in the interest of their health and that of
their infants.
It should be noted in this connection that in several countries
official bodies have been created to co-ordinate the work of
private bodies or even to organise and develop, throughout the
country, institutions for the protection of maternity and childhood, such as ante-natal consultation centres, maternity and
infant clinics, maternity homes, maternity canteens, day
nurseries, etc. The Italian National Maternity and Child
Welfare Institution affords the most highly developed example
of such official bodies.
The co-ordination of maternity protection institutions is of
the utmost value, for if they can provide a continuous network
of the services needed by women in the successive stages of
motherhood, effective hygienic and social supervision of maternity will be ensured.
Some of these institutions are mainly for medical service,
others for social, but frequently the two types of service are
combined. For example, ante-natal and post-natal consultation
centres are chiefly concerned with preventive and curative
medical work, but they also do educational work in guiding mothers
in matters of diet and hygiene for themselves and their children,
where there are no special training courses in infant welfare to
perform this service.
Other institutions are intended primarily to give social aid ;
day nurseries and crèches relieve the worker or housewife overburdened with a number of tasks from the constant supervision
and care needed by small children. Help is sometimes given
in the worker's home by women health visitors or social assistants. The crèches and health visitors also deal with the
detection of disease. Other institutions, again, such as maternity
canteens and milk distribution centres, endeavour to improve
the diet of mothers or children by providing, free or at low
prices, food suited to their physical condition and age.
If they collaborate closely, these various centres can form a
continuous protective system ; the consultation centre can
distribute to under-nourished or badly nourished women meal
or milk vouchers which will be accepted by the maternity
canteen or milk distribution centre ; it can direct a young
40
THE LAW AND WOMEN'S WORK
mother unaccustomed to her new duties to the course in child
care and send to the day nursery, in charge of a qualified expert,
the child who cannot be properly looked after by a mother
with other duties to fulfil.
But the problem still arises, almost everywhere, of how to
increase the number of these various institutions so as to bring
their help to all who need it and not to allow it to remain almost
exclusively the privilege of women living in large centres.
Special institutions have, indeed, been created to bring to rural
areas the social and health services of the maternity protection
organisations : travelling enterprises visiting small places in
turn within a given district to render such services as can be
given periodically (such as medical consultation and courses in
child care) ; and seasonal services to meet needs which are
especially acute at certain times of the year (such as day
nurseries for the children of women workers engaged on agricultural work lasting only a short time, such as rice or beetroot
weeding, grain harvesting, fruit picking, etc.).
No attempt has been made to enter into the details of the
administrative organisation and the operation of existing health
and social institutions, but the tables of national legislation
appended to this chapter indicate briefly the official institutions
for maternity protection, or at any rate those established by
law. These institutions, which are an important factor in
preventive hygiene and social service for mothers, are of
powerful assistance to the gainfully employed woman at the
time when the requirements of her professional life and the
demands of her family life are somewhat hard to reconcile.
§ 3.—Scope of Maternity Protection Measures
PERSONS PROTECTED
Within the limits of the occupational groups chosen—
industry and commerce—the Washington Convention gives a
very wide scope to the measures of protection which it establishes.
These measures of protection are for the benefit of all women
employed in industrial or commercial undertakings, irrespective
of age or nationality, whether they are married or not and
whether their child is legitimate or not.
This provision constitutes a recognition of the social importance of maternity protection, which cannot, by reason of that
MATERNITY
PROTECTION
41
importance, discriminate among women who are all in equal
need of its help.
This 'principle of universality is, however, occasionally
abandoned in some national laws, which have had to deal, at
certain points, with genuine difficulties.
The question of age has given rise to no practical problems,
and that of nationality to very few. Benefit in the form of
allowances financed out of public funds is sometimes reserved
to women who are nationals of the State, though international
agreements concerning poor relief or migration commonly
commit each State to extending benefits to the nationals of the
other contracting party.
While some States take account of the special needs of
women without any means of support, and grant an extended
measure of assistance to deserted mothers, there are others
which refuse maternity assistance to unmarried women, or
grant them only benefits at reduced rates. In this connection,
the reason for which the Conference required the indiscriminate
protection of married and unmarried mothers and their children
must be understood. It had no intention of encouraging
maternity without marriage, an effect which such elementary
protective measures were scarcely likely to produce, but it
recognised that maternity benefits are most needed by the child
born out of wedlock and by its mother, since there is no one
responsible for their maintenance, except where the establishment of paternity is the subject of strict legislation, as in certain
States in the north and centre of Europe.
The scope of maternity legislation is sometimes limited with
reference to the woman's position in her occupation or—more
frequently—to the wages which she earns. The former criterion
is used in certain laws concerning the suspension of the contract
of employment, which in some countries do not apply to persons
occupying positions of management or supervision. It is most
common, however, in social insurance laws, where occupation and
earnings are standard bases of classification.
Some of these laws set a salary limit—at least for nonmanual workers—above which insurance is not compulsory.
It has been claimed that, when the limit is set fairly high,
insurance schemes which do not include the higher-paid grades
of wage earners may nevertheless serve as a means of applying
the Convention, in providing the maternity benefits it prescribes
without seriously infringing its provisions, since the higher-paid
f
42
THE LAW AND WOMEN'S WORK
grades for whom insurance is not compulsory may be assumed
to possess enough means of their own to meet expenses during
their maternity leave. But this method of procedure raises
a subsidiary question, which has been dealt with in various
ways by various States, namely, whether the groups to which
the provisions respecting maternity benefits are not applied
should or should not be excepted from the application of the
other provisions of the Convention.
German legislation, for instance, makes the scope of all the
Convention provisions identical, and subjects only women
covered by the compulsory sickness insurance scheme 1 to the
provisions of the law concerning the employment of women
before and after childbirth (Act of 1 July 1927). Women who
are not liable to insurance and consequently are not granted
benefit are correspondingly exempt from the obligation to
absent themselves from work for six weeks after childbirth,
but they are also not covered by the legal provisions concerning
the right to reinstatement after -the absence.
Other systems of legislation, such as the French and Hungarian, do. not establish conformity between the scope of provisions
with respect to benefit and that of provisions relating to the
employment contract. While fixing a wage limit for compulsory
insurance, they apply to all gainfully employed women the other
provisions concerning employment at the time of childbirth ;
consequently women who, because of the size of their income,
are not provided with benefits under the sickness insurance
scheme or with maternity allowances out of public funds, are
nevertheless required to suspend work ; but they are also protected against the termination of their contract of employment
on account of any absence from work within the time limits
authorised by the law.
Security of tenure thus guaranteed with respect to employment from which they would necessarily have had to withdraw
of their own accord, for a longer or shorter time, is especially
important to women who are highly paid, since a high wage
implies responsible or administrative work, prolonged absence
1
According to the Insurance Code (section 165) women salaried
employees whose annual wage exceeds a maximum fixed by the Minister
of Labour are not liable to compulsory sickness insurance. At present
this maximum is 3,600 RM. According to statistics on the subject,
only a very small proportion of women salaried employees (about
2.5 per cent.) are thus excluded from compulsory insurance.
MATERNITY PROTECTION
43
from which involves inconvenience for the employer which
might lead him to replace the absentee, especially as he would
have reason to fear some irregularity in her attendance during
the following months. Effective protection for the highly
paid woman depends less on the provision of a confinement
benefit, which her own resources allow her to dispense with,
than on the guarantee of reinstatement in her employment.
The special legislation which is necessarily required to establish
such a guarantee evidently does not place the woman in a
position of inferiority as compared with her male competitor—
an effect sometimes ascribed to any legislation applying exclusively to women—but, on the contrary, preserves her occupational
status when the operations of nature place it in jeopardy.
OCCUPATIONAL GROUPS COVERED
Industry and Commerce
The cases of exclusion from the scope of maternity protection
which have just been discussed may affect individuals in any
occupational classifications, including those of industry and
commerce, covered by the international Convention of 1919.
But large numbers of gainfully employed women are excluded
from all legal protection by the mere fact that they are employed
in callings which are not covered by the Convention.
Agriculture
Like women employed in industry and commerce, women
employed in agriculture have been the subject of action by the
International Labour Conference and, in accordance with the
1921 Recommendation, some countries have adopted measures
respecting the employment of women in agriculture before and
after childbirth.
The protection of maternity in agriculture, however, is
obviously far behind the measures adopted for employees in
industry and commerce, though it is encouraging to note that in
one important matter—the payment of maternity benefits—a
good deal has already been achieved.
At present 14 States provide for the payment of maternity
benefit to agricultural workers under social insurance schemes.
In some countries this category of workers is covered by
combined compulsory sickness and maternity insurance, as in
44
THE LAW AND WOMEN'S WORK
Bulgaria, Chile, Czechoslovakia,
Greal Britain,
Germany,
Ireland, Netherlands, Norway, Peru, Spain and U.S.S.R., or
by independent maternity insurance, as in Italy, while in others
there is a special insurance scheme for agriculture, as in Austria
and France. Voluntary insurance schemes which are subsidised by the State grant maternity benefit to agricultural
workers in Denmark, New Zealand, Sweden and Switzerland.
The public assistance schemes which in Australia, Denmark and
Latvia provide specifically for the enjoyment of maternity
benefit, cover women employed in agriculture as well as
other groups in the population. In Ecuador, Mexico and
Poland employers have to pay maternity benefit to female
agricultural workers, in the last-named country according to
a system of assistance special to agriculture.
Combined sickness and maternity, and simple maternity
insurance schemes frequently grant agricultural workers benefits
in kind as well as cash benefits. Among the countries mentioned
above, the following have insurance schemes that provide free
obstetrical assistance : Austria, Bulgaria, Chile, Czecho-Slovakia,
Germany, Peru, Spain and U.S.S.R., while the social insurance
schemes of France and Norway refund confinement expenses.
It is less usual for the law to regulate the conditions to be
observed for the fulfilment of employment contracts of women
agricultural workers in the event of childbirth. In this matter
women agricultural workers suffer from the remarkable absence
of legislation applying to agricultural employment contracts.
In most countries, even in some which have carefully regulated
the conditions of industrial labour, the conditions of agricultural
employment are still almost exclusively governed by the vague
regulation of local custom which is easy to infringe. Where there
are no legislative provisions entitling female agricultural workers
to maternity leave, women who are entitled to maternity
insurance benefit are often unable to take full advantage of
those benefits because most insurance laws make the grant of
all or part of the benefit conditional on abstention from paid
employment. Unless the employer is bound by law to grant
the woman extensive leave and keep her position open for her,
abstention from work may result in loss of employment. In the
absence of legal protection against this risk women in agricultural
work are inclined to cut short their period of rest, to the detriment of their health.
The few measures which at present grant agricultural
MATERNITY
PROTECTION
45
workers the right to maternity leave follow one or other of
two procedures : one applies to agricultural workers the regulations applying to other categories of gainfully employed women ;
the other lays down special legislation for agricultural workers.
Examples of the first method are offered by the maternity
legislation of Bulgaria, Mexico and Spain, which applies indiscriminately to women employed in agriculture, industry and
commerce. French legislation offers an example of partial
application to agriculture, which is covered by the provisions
of Book I of the Labour Code dealing with suspension of the
contract of employment for 12 weeks and maintenance in
employment, but not by those of Book II dealing with compulsory leave after childbirth, breaks for nursing and provision
of special nursing rooms in undertakings employing women.
The U.S.S.B. Labour Code of 1922 provides general protection
to women workers in agricultural as well as in other occupations,
while the model rules for collective farms establish special
measures of protection for women members.
In Italy general application of protective measures to
women in agriculture is to be realised only in the future, according to Acts of 1929 and 1934.
Elsewhere, the second procedure referred to above is followed,
that of adopting measures of maternity protection applying
specifically to agricultural workers. The most characteristic
examples are the agricultural labour codes issued by the Austrian
provinces, but clauses protecting to varying extents female
agricultural workers at the time of childbirth are also to be met
with in the Italian Act respecting conditions of employment on
rice farms, which was incorporated in the Health Act of 1907,
in the Lithuanian Act of 1929 respecting the engagement of
agricultural workers, and in the model rules of the U.S.S.R.
for collective farms, which have been already cited. In Peru an
Order of 1925 is devoted to the provision of rooms in which
women agricultural workers can nurse their children.
Taken as a whole, the provisions of the laws applying specifically to agriculture differ considerably from those applying to
industry and commerce, a circumstance to be explained by the
fact that agricultural legislation is adapted to suit work in
which the conditions are quite different from those in other
occupations. One very common feature of the laws special
to agriculture is the fixing of a relatively short period for compulsory complete abstention from work, with the corollary of
46
THE LAW AND WOMEN'S WORK
laying down various precautions that must be observed for
fairly extended periods during pregnancy and after confinement : exemption from exhausting tasks, overtime and night
work, prohibition of dismissal after the declaration of pregnancy has been made, etc.
As a matter of fact, it is possible, in agriculture, for a woman
to continue her work until relatively near the time of confinement and resume it comparatively promptly, with somewhat
diminished activity, without serious results for her health or
that of the child. The diversity of agricultural work, ranging
from such light work as the care of poultry to the heavy labour
of the fields often makes it possible to adjust the tasks to be
assigned to a pregnant or lately confined woman in a way which
is not possible in a factory, where the work of each person is
every day the same and where the young mother, from the
moment of her return to work, must once more fit into the
common rhythm of the workshop.
On the other hand, the particularly strenuous character of
certain kinds of field work clearly demands special protection
for the women engaged in it. It is also clear that protective
measures must be adapted to the special conditions of the
work to which they apply, but, equally clearly, endeavours
must be made as early as possible to introduce these suitable
measures in every country. The International Labour Organisation intends shortly to return to this task, as stated above,
in order to complete the work that it began in 1921 for the
protection of the large numbers of women engaged in agricultural work.
Other Occupational Groups
In other categories of employment as well as agriculture
the need for adequate legislation continues to be felt, and too
often fails to be met. There can be no doubt that it is highly
important for the welfare of the persons directly concerned
and of society that at the time of childbirth women workers,
whatever their occupation, should be assured the rest necessary
to their health under satisfactory economic conditions. Yet
the tables analysing national legislation on the subject show
clearly that various groups of gainfully employed women,
even the large groups engaged in strenuous and exhausting
work, such as industrial home-work, domestic service, hospital
nursing and the like, are still too often without the protection
MATERNITY
PROTECTION
47
of maternity legislation. Examination of the situation of
each of these groups reveals, however, a certain progress in
recent years which may be taken as symptomatic of the advance
that may be hoped for in the near future.
The advantages accorded to women public servants by the
administrative regulations of many countries are noted in a
separate chapter devoted to the status of women in the public
services (Chapter XI, A, Section 6). For this reason the present
chapter does not go into the subject of administrative regulations
entitling women public servants to maternity leave. It should,
nevertheless, be observed here that the inclusion of such
provisions in administrative regulations is becoming increasingly
frequent and that considerable progress has been made in this
respect during the last few years.
Indigenous Labour
A further and particularly encouraging sign of the progress
that has been made in the field of maternity protection is the
development of measures for the protection of a class of workers
which is frequently ignored—namely, the Native population
of colonial countries. Although the 1919 Convention has not
yet been officially applied to any part of a colonial empire, a
considerable number of regulations have been issued in recent
years guaranteeing to women workers in various colonies a
rest period under suitable conditions at the time of childbirth,
protection for their health during pregnancy, and facilities for
the nursing and care of their infants.
The way in which the promulgation of regulations for
applying to colonies legislation originally adopted in the interest
of women workers in the home country is connected with the
decisions adopted by the International Labour Conference is
very strikingly brought out by the development of French
colonial legislation. The Decrees determining the conditions
under which Book II of the Labour Code should apply to the
older colonies—Martinique (1913), Guadeloupe (1913) and
Réunion (1916)—did not apply to these colonies the provisions
of tha£ Book respecting maternity protection. But in the
Decrees issued, after the international action had been taken,
to apply the same Book to Guiana (1924) and New Caledonia
(1927) these provisions are among those applied. In 1936 and
1938 a large number of regulations were issued for the French
48
THE LAW AND WOMEN'S WORK
colonies that previously had no protective legislation and all
contained important clauses providing fully for the protection of
maternity among both coloured and white women.
It will perhaps be noticed, in the tables appended to this
chapter, that in some colonies the protective measures apply,
not to the Natives of the colony, but to immigrant women.
This is at first sight rather surprising, when it is remembered
that these immigrants, who seem to enjoy greater privileges
than the subjects of the colony itself, although sometimes
subjects of the same empire coming from another country, are
quite often foreigners. The explanation is to be found primarily
in the fact that in many colonial countries with a scanty population it is the custom for the local indigenous population to
work on its own account and on its own land, and for European
planters requiring a large supply of labour for working extensive
estates to import indentured labour from outside ; the wageearning population is thus chiefly composed of immigrants.
In some cases differences between the conditions of employment
of the immigrant workers and those of workers belonging to
the local population also explain in part the special treatment
which the immigrants receive. In the Netherlands East Indies,
for example, workers introduced from another province or from
outside Netherlands territory are sometimes engaged under a
contract of employment guaranteed by penal sanctions, whereas
Natives of the provinces are always employed without a contract,
and usually as casual workers. Moreover, special legislative
protection is often granted to immigrant labour in pursuance of
promises made to the country from which that labour comes.
C—CONCLUSIONS
The progress evidenced in this review of the international
situation, both in raising the standards of the maternity protection granted by Governments and in the progressive extension
of protection to various categories, is encouraging, for it proves
that the importance of the problems of maternity among
gainfully employed women is generally recognised, but the
gaps must be remembered which still remain to be filled by
measures yet to be taken and institutions yet to be created.
Tangible results have indeed been achieved, for a decline in
maternal and infantile mortality, in varying proportions, can
be observed in almost all countries—a circumstance to which
MATERNITY PROTECTION
49
the protection of working mothers has certainly contributed.
But the need for maternity protection is rather increasing than
diminishing, at any rate in some countries.
Two principal causes of this increase can be indicated. In
the European, and particularly the western European countries,
the need for developing maternity protection is increased by the
progressive decline of the birth rate, which has caused in some
countries so much anxiety that a serious study of demographic
problems has been undertaken. In Sweden, for instance, a
special committee of enquiry has been set up, which, in concluding its work at the beginning of 1937, especially recommended
further development x of the system of maternity protection, as
an aid to checking the decline in the birth rate.
In some countries the need for increased maternity protection
arises from the greater number of married women engaging in
paid employment. In Finland, for instance, where improvements have recently been made in the system of maternity
protection, the proportion of married women to the total
number of employed women rose from 9.8 per cent, in 1920 to
13 per cent, in 1930. In Denmark—another country which is
improving its maternity protection system—the number of
employed married women rose by 77 per cent, between 1911 and
1930. In Sweden the proportion of married women to the
total number of employed women in Stockholm rose from
12 per cent, to 20 per cent, between 1920 and 1930. This
increase in the occupational activity of married women, due to
a variety of social causes which cannot be examined here, seems
to be leading several States which had previously shown only
slight interest in maternity protection for working women to
realise more fully the value of protective legislation and to take
steps for its adoption.
A realisation of the advantages which the community, as
well as the individuals directly affected, stands to gain from
the organisation of an effective system of maternity protection
seems to be growing steadily. It is to be hoped that it is a
presage of further progress.
1
Laws extending maternity insurance and assistance were adopted
during 1937.
4
50
APPENDIX.—REGULATIONS RESPECTING
A.—Internationa
Periods after
childbirth during
which
employment
(ID
(I)
is prohibited
(III)
Every woman, irrespective of her age and
Convention of the International
C weeks after.
Labour Organisation (No. 3) concern- nationality, whether married or not, and whether
ing the employment of women before the child is legitimate or not,1 who is employed
in an industrial or commercial undertaking,
and after childbirth, 1919.
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 by
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.
International agreements
Scope of provisions cited
Recommendation of the InterWomen wage-earners employed in agricultural
national Labour Organisation (No. 12) undertakings.
concerning the protection, before and
In general it is recommended that these wageafter childbirth, of women wage- earners should be guaranteed protection similar to
earners in agriculture, 1921.
that provided by the 1919 Convention and more
especially the provisions of cols. IV and VII.
Convention for the unification of
labour protection legislation concluded on 7 February 1923 by Guatemala,
Salvador, Honduras, Nicaragua, and
Costa Rica, § IV.
1
—
—
—
In the tables dealing with national legislation, reference is made only to any restrictive provision
concerning age, nationality, unmarried mothers or illegitimate children. When the regulations apply, ii
accordance with this Convention, irrespective of age, nationality, marital status or legitimacy of the child, th
fact is not mentioned in the table.
THE PROTECTION OF MATERNITY
51
Regulation
Optional
Facilities
Guarantee
abstention from
accorded mothers
of reinstatement in
employment
for nursing
employment
before
their infants
(V)
childbirth
(VI)
(IV)
It is not lawful for an
Half-an-hour
6 weeks before
on production of employer to dismiss a twice a day.
a medical certi- woman during the period
ficate stating that of legal absence (cols.
confinement will I l l and IV) or while
probably
take she is certified as unfit
place within 6 for work as a result of
illness arising out of
weeks.
pregnancy or confinement, up to a maximum
fixed by the competent
authority in each country, or to give her notice
of dismissal at such a
time that the notice
would expire during such
absence.
Indemnities during period of leave
(VII)
fa) Cash benefit :
Source : public funds or system of insurance.
Duration : before confinement, from the
date when the woman is absent from work
in virtue of a medical certificate (col. IV)
up to the date of the confinement even if
later than the presumed date. After
confinement, for 6 weeks.
Rate : Sufficient for the full and healthy
maintenance of the mother and child, the
exact amount to be fixed by the competent
national authorities.
(b) Free attendance by a doctor or
certified midwife.
Right to be
absent before and
after confinement.
—
—
Benefit during the period of legal absence
either out of public funds or by means of
a system of insurance.
Cf. col. VII.
—
—
The contracting States undertake to
establish compulsory insurance or to provide
by some other means the necessary funds
for granting benefit for 4 weeks before and
6 weeks after childbirth, provided that the
mother abstains from any work which
might injure her health or that of the child.
* Since this exception is fairly general in national legislation, undertakings in which only members of
;he same family are employed are not referred to in the tables dealing with national legislation unless these
regulations apply to such undertakings.
52
REGULATIONS RESPECTING THI
B.—N aliona,
Legislation
Scope of provisions cited
(I)
(ID
ARGENTINE REPUBLIC
1. Federal Act No.
11317 of 30 Sept. 1924 :
Employment of women
and young persons, § 1315 and Act No. 11932
of 15 Oct. 1934 : Breaks
for nursing.
2. ( M a t e r n i t y I n s u r a n c e 2 Act No. 11933 of
15" Oct. 1931 and Administrative
Order
No.
80229 of 15 April 1936.
3. Act No. 12341 of
30 Dec. 1936 creating
a Bureau of Maternity
and Childhood.
4. Adm. Order under
Act No. 11317 N o ; 2699
of 28 May 1925, for t h e
Federal Capital, § 3.
5. Adm. Order under
Act No. 11317, 9 J u n e
1925, for t h e National
Territories, § 3.
For women in public
employment see Ch. X I ,
appendix : Argentina,
§ 6.
P r o v i n c e of B u e n o s
Aires
Adm. Order of 24
J u l y 1925 under Act
No. 11317, § 10.
Periods before
Optional
and after
a b s t e n t i o n from
confinement
e
m
ployment
during which
employment before and after
childbirth
is prohibited
(IV)
(III)
1. All women wage-earners
in industrial and commercial
undertakings, whether urban,
rural, public or private.
1. 6 weeks
1. 6
after.
before.
2. All women workers and
salaried employees between
t h e ages of 15 and 45 employed
in industrial and commercial
undertakings whether urban
or rural, public or private.
3 . See Act No. 11317.
2. 30 days
before
and
45 days after.
4.
Idem.
5.
Idem.
Idem.
weeks
Guarantee of
reservation
of position
(V)
1. During
s t a t u t o r y absence or longer in
case of illness
due to pregnancy or confinement. '
2. During
statutory absence (see col. III).
—
—
P r o v i n c e ol Cordoba
Adm. Order
of 4
August 1926 under Act
No. 11317, § 11.
P r o v i n c e of C o r r i e n tes
A d m . Order of 16
May 1927 under Act No.
11317, § 10.
Idem.
—
—
—
Idem.
—
—
—
6 weeks after.
—
—
P r o v i n c e of M e n d o z a
Act No. 922 of
J u l y 1926, § 6.
26
W o m e n wage-earners, even
those employed by their husbands.
P r o v i n c e of S a n J u a n
28
W o m e n employed in commercial establishments.
Guemes Act of 7 May
1921, § 125.
Factories and shops employing married women.
—
—
Industrial and commercial
establishments, public or private, employing married women.
—
—
Act No. 291
Apr. 1928, § 7.
of
45 days in all.
During s t a t u tory absence.
P r o v i n c e of S a l t a
P r o v i n c e of S a n L u i s
Administrative Order
of 5 May 1926 u n d e r
Provincial Act No. 782
on t h e working day,
§ 30.
See notes al the end of the lables, pp. 110-113.
—
»ROTECTION OF MATERNITY
53
(continued)
legislation
Facilities accorded
mothers for nursing
their infants
Indemnities during abstention
from employment
(VI)
(VII)
1. Two
extra
half-hour
breaks
daily.
More frequently on production of a medical
certificate.
Undertakings employing more t h a n
a given number of
women (to be fixed
by regulation) m u s t
provide a crèche for
children under two
years.
2. Malernilij Fund connected w i t h ' N a lional Pensions and 5Retirement Fund
(compulsory insurance).
(a) Free medical and midwifery a t t e n d ance or hospital treatment.
(b) During compulsory absence of 30
days before and 45 days after conlinement :
Allowance 2J times the monthly wage,
based on 25 paid working days a month
(minimum 75 pesos, maximum 200 pesos).
Conditions : (a) E m p l o y m e n t before
date of conception (six months in case of
premature birth) and contributions paid
from t h a t d a t e until confinement ' or
(b) if unemployed at date of conception,
contributions paid for eight quarters in
4. All
underta- three years immediately preceding date
kings employing more of conception.
Ulan 50 women over
Women over 45 years entitled to benefit
18 years of age to if contributions paid for at least four
provide u creche.
quarters before reaching age of 45.
3. Assistance for pregnant women and
5. Idem.
mothers ; information on maternal and
child hygiene, public and private institutions for antenatal care, etc., infant welfare
centres, homes for unmarried, deserted and
destitute mothers, maternity hospitals
and domiciliary care, rooms for nursing,
day nurseries, kindergartens, visiting trained nurses.
!
Other
Other
provisions
provisions
applying t o
applying after
the period of
confinement
pregnancy
(VIII)
(XI)
1. No woman to
be
dismissed on
account
of
pregnancy. 1
•
2. Pregnancy to be notified
before
end of sixth
month.
•
—
—
Idem.
—
—
Idem.
—
—
—
—
Employer must pay full wage during the
the legal absence.
Day nursery obligatory.
Idem.
'
(X)
Ratification registered 30.
X I . 1933.
Idem.
—
Ratifications
54
REGULATIONS RESPECTING T H I
B.—National
Legislation
Scope of provisions cited
(I)
(II)
Periods before
Optional
and after
confinement a b s t e n t i o n from
e
m
ployment
during which
employment before and after
is prohibited
childbirth
(III)
(IV)
Guarantee of
reservation
of position
(V)
ARGENTINE R E P U BLIC
(conld.)
P r o v i n c e of S a n t a F é '
1. Administrative Or1. As in Federal Act No.
der of 30 Dec. 1926 under 11317.
Federal Act No. 11317.
P r o v i n c e of T u c u m e n
Administrative Order
of 24 Aug. 1931, under
Federal A c t No. 11317.
—
—
—
Women
wage-earners
in
factories as defined in the Act.
4 weeks after.
—
—
W o m e n wage-earners in factories as defined in t h e Act.
6 weeks before.
6
weeks
after.
—
—
Idem.
AUSTRALIA
Commonwealth
I. Maternity Allowances Act, 1912-1937.
For women in public
employment see Ch. X I ,
appendix : Australia,
§6.
N e w South Wales
Factories and Shops
Act, 1912-1936, Sec. 48,
and Proclamation of 30
Sept. 1932.
Western Australia
Factories and Shops
Act, No. 44 Of 1920, § 68.
Australian Mandate
New Guinea
Native Labour Ordinance of 1935, § 55.
AUSTRIA
1.
Industrial Code
(§ 94) as amended by
the Act of 3 Dec. 1917.
2. Act of 28 J u l y
1902 respecting railway
t r a n s p o r t work, § 47.
3. Act of 28 J u l y 1919.
Employment of women
and young persons in the
mining industry, § 1.
1. Female British subjects
or British subjects by birth
(not aborigines), married or
single, wage-earners or not,
domiciled in Australia or, intending to settle there, giving
birth t o a child on Australian
territory or on a ship in transit
between two Australian ports,
if their income added to h u s b a n d s ' income does not exceed
a certain limit.
Native women wage-earners.
1
month
before.
1
month
after.
1. W o m e n
wage-earners
6
particularly in industry and after.
commerce (Exceptions : Agriculture, forestry and preparation of agricultural and forest r y produce ; mining ; work b y
the day ; home-work ; lawyers'
and engineers' offices; nursing;
pharmacies; private educational establishments ; banking
and savings establishments ;
t r a n s p o r t by land and water ;
public entertainments ; newspaper ofllces and itinerant
trading).
2. All women wage-earners
4
in railway services, train, sta- after.
tion and administrative staffs.
3. Al 1 women wage-earners
6
in the mining industry.
after.
See notes al ¡he end of ¡he ¡ables, pp. 110-113.
weeks
weeks
weeks
•ROTECTION OF MATERNITY (continued)
55
Legislation (continued)
Facilities accorded
mothers for nursing
their infants
Indemnities during abstention
from employment
(VI)
(VII)
1. D a y nursery obligatory in establishm e n t s employing 25
women, or more, over
18 years.
As in Santa F6 b u t
with a limit of 30
women.
Other
Other
provisions
Ratificaprovisions
applying to applying after
tions
t h e period of
confinement
pregnancy
(IX)
(X)
(VIII)
—
—
—
—
—
«
1. Public funds : Allowance of £4 10 s.
for first birth ; £5 if there are one or two
other living children under 14 years ; £7 10s.
if there are 3 or more.
Conditions : Income during t h e twelve
months preceding confinement not to exceed £247, this a m o u n t being increased by
£13 for each child under 14 years up to a
m a x i m u m of £312.
—
i
i
1
5.
1
Compulsory
social insurance :
I, Workers' insurance :
(a)
Medical and obstetrical attendance.
(b) Maternity benefit equal to the sickness
benefit (1 to 4 schillings according to wage
group) for 6 weeks before and 6 weeks after
childbirth.
Conditions : 26 weeks' insurance during
the 12 m o n t h s preceding childbirth ; absten3. Employtion from paid employment.
(c) Nursing bonus one-half
sickness m e n t of women in obbenefit for maximum of twelve weeks.
The m a t e r n i t y benefit and nursing bonus vious state of
pregnancy in
m a y be replaced by hospital t r e a t m e n t .
fatiguing
I I . Salaried employées' insurance :
work a t t h e
surface
of
(a) Medical and obstetrical attendance.
lb) L u m p sum m a t e r n i t y allowance : mines prohibited.
100 schillings per child.
—
56
REGULATIONS RESPECTING THÏ
13.—Naliona
Legislation
Scope of provisions cited
(I)
(If)
A U S T R I A , (conld.)
4. Decree of 29 May
1908 : working of stone
quarries and lime, sand
and gravel pits, § 52.
5. Act of 30 March
1935 respecting social
insurance in industry
(wage workers, § 156 ;
salaried employees, § 237)
supplemented by Act
No. 31 of 1937 (social
insurance for employees
in agriculture and sylviculture).
Periods before
Optional
and after
a b s t e n t i o n from
confinement
employment
durin 0 ' which
e m p l o y m e n t before and after
childbirth
is prohibited
(III)
(IV)
4. Women
wage-earners
employed in t h e undertakings
referred to.
—
5. I. Workers' insurance :
Insurance compulsory for
persons under a labour con- r
tract, including homeworkers
and
household
employees,
excepting charwomen, laundresses, dress-makers, etc.
I I . Emplouees' insurance. :
Insurance compulsory for
regular employees in commerce
and offices (higher as well as
6. Agricultural Work- lower categories) earcepfmarried
ers' Insurance Act of women working not more t h a n
18 J u l y , 1928, §§ 42 50 hours a m o n t h in an
insurable
occupation
and
and 53.
receiving not more t h a n 80 sch.
6. Insurance is compulsory
for persons working under
contract of employment in
agriculture, forestry, (including
horticulture) hunting or fishing,
in co-operative agricultural
or forestry societies or in
domestic service in the household of an employer in agriculture or forestry, (excluding
the employer's near relatives
and persons only incidentally
employed in an insurable
occupation).
7. Act of 11 May
1921 concerning the con7. All persons
regularly
7. 6 weeks
t r a c t of employment of employed in commerce or after.
salaried employees, §§ 8 offices.
and 9.
8. Act of 13 J u l y
Theatrical performers.
8. 6 weeks
1922 concerning theatriafter.
cal employment
contracts, §§ 11 and 12.
For women in public
employment see Ch. X I ,
appendix : Austria, § 6.
Austrian Provinces
Lower Austria
Decree of 22 March
1921 : Agricultural Labour, §§ 26 and 27.
Upper Austria
Decree of 10 March
1921 : Domestic and
Agricultural Codes, § § 9
and 17.
Burgenland
Decree of 14 J a n u a r y
1926 : Agricultural
Workers - Code, §§ 16
and 22 (3).
—
—
—.
Women
wage-earners
in
domestic service, agriculture
and forestry.
—
—
weeks
,—
8. 12 weeks
in all. If incapacitated longer
t h e a r t i s t is
entitled to cancel her c o n t r a c t
w i t h o u t notice.
7. 6
before.
4
weeks
after
or 6
weeks on m e dical advice.
2
after.
(V)
7. (a) Absence
due to pregnancy
(6 weeks before)
or
confinement
(6 w e e k s ' after)
cannot lead to
dismissal.
(b) Dismissal
for a n y
other
cause cannot t a k e
ellect until eighth
week after confinement.
8. (a) As in 7
(a).
(b) If contract
cancelled during
legal absence, artist is entitled to
her iixed salary
for 6 weeks after
confinement even
if t h e contract
expires earlier.
Women
wage-earners
in
agriculture and forestry (includingdomesticservants doing
agricultural work).
Women wage-earners in agriculture and forestry (including domestic servants doing
agricultural work).
Guarantee of
reservation
of position
weeks
i
—
—
No
dismissal
during s t a t u t o r y
absence.
ROTECTION
OF M A T E R N I T Y
57
(continued)
egislalion (continued)
Facilities accorded
« o t h e r s for nursing
their infants
Indemnities during abstention
from employment
(VI)
(VII)
7. Two breaks of
lalf an hour each
ounted as working
lours.
(ci Daily benefit of 1 pension unit up
to 3.75 schillings (not paid if in hospital)
6 weeks after childbirth, or 12 weeks if
mother nurses child and 6 weeks before
if abstains from employment and receives
less t h a n full salary.
Condition for (bj and (c) : Six m o n t h s '
insurance during the 12 preceding months.
Employees in agriculture and sylviculture receive, in place of (b) and (ci : a
lump sum benefit of 180 schillings per child ;
if the mother nurses the child, a daily
nursing allowance of 1 pension unit, up to
1.85 schillings for a m a x i m u m of 12 weeks
after confinement.
6. Aqricultural worl;ers' insurance :
1. Medical and obstetrical attendance.
2. (a) insured women living in maintained by employer : l u m p sum m a t e r n i t y
allowance in cash, the a m o u n t llxed by the
funds and at least 20 times the lower limit
for the wage class ; t h e rules m a y also
stipulate a nursing benefit.
(b) Insured women not maintained by
the employer : m a t e r n i t y allowance equal
to sickness allowance (0.0 to 4.2 schillings
a day according to wage group) for 6 weeks
before and 6 weeks after confinement if
abstains from paid employment ; nursing
benefit equal to half the sickness allowance
for 12 weeks at most. Hospital t r e a t m e n t
m a y be given instead of allowances.
Conditions for (a) and (b) : 26 weeks'
insurance during t h e 12 months preceding
confinement.
7. The employer must pay full salary for
G weeks after confinement. * If the worker
falls ill in consequence of confinement the
general provisions concerning right to salary
during sickness apply from day of confinement (minimum 6 weeks' full and 4 weeks'
half salary, increased according to length of
service).
8. Employers :
The fixed salary for up to 6 weeks during
pregnancy and ü weeks after confinement.
Other
Other
provisions
provisions
applying to applying after
the period of ' confinement
pregnancy
(IX)
(VIII)
4. Employment of women in an
advanced s t a te of pregnancy prohibited.
Heavy
work forbidden.
Idem.
Agricultural workers' insurance.
(n) Wages in cash and in kind during
statutory leave ;
(b) Agricultural workers' insurance.
If confine
m e n t occurs (at
the end of the
contract, right
to accommodation
until
recovery.
Night work
and
heavy
work
prohibited.
(a) Idem.
(b) Only
light work
permitted
during 3rd,
4th and 5th
weeks.
Ratifications
(X)
58
REGULATIONS RESPECTING TH!
B.—Nationc
Legislation
Scope of provisions cited
(I)
(II)
Periods before
Optional
and after
a b s t e n t i o n from
confinement
e
m
ployment
during which
employment before and after
childbirth
is prohibited
(HI)
(IV)
Guarantee of
reservation
of position
(V)
Austrian Provinces
(contd.)
Carinthia
Decree of 1 J u n e 1921 :
Domestic a n d Agricultural Employment, §§
10 and 17.
Women
wage-earners
in
domestic service, agriculture
and forestry.
Idem.
No dismissal or
account of pregnancy or during
s t a t u t o r y absence
Salzburg
Decree of 20 J a n u a r y
1922: Agricultural, Forestry and Domestic Codes, § 9.
Idem.
Steiermark
Decree of 19 Oct. 1921:
Domestic,
Agriculture
and Forestry W o r k , § §19
and 20.
Idem.
2
after.
No
dismissal
on account ol
pregnancy
or
during s t a t u t o r y
absence.
weeks
Tyrol
Act of 29;May 1922 :
Domestic,
Agricultural
and Forestry Codes, §§
15, 19 and 2 1 .
Idem.
—
Idem.
Concealment o1
pregnancy when
contract is m a d e
entitles employer
to break the contract.
BELGIUM
1. E m p l o y m e n t
of
W o m 1e n and
Children
Acts, 1 consolidated by
Order of 28 F e b . 1919,
§ 5 . , «H»
2. Contract of E m ployment Act, § 8,
amended by Act of
22 Mar. 1929.
3. Legal S t a t u s of
Mutual Benefit Societies
(Acts of 23 J u n e 1894,
and of 30 J u l y 1923, as
amended in 1898, 1923,
1924 and 1926 ; Rovai
Order of 30 J u n e 1936).
For women in public
employment, see Chap.
X I , appendix : Belgium,
§6.
1. All women wage-earners
employed in : industrial and
commercial undertakings (including hotels, etc.), certain
offices ; t r a n s p o r t by land and
water ;
all
establishments
classed as dangerous, unhealt h y or offensive, including
family undertakings ; family
work-shops using mechanical
power.
2. W o m e n salaried
employees in commerce receiving
up t o 24,000 francs annual
salary.
3. Membership is open to
persons of all nationalities for
married women in absence of
husband's opposition, b u t his
opposition m a y be overruled
by Justice of Peace.
1. 4 weeks
after.
All women in factories or
industrial workshops.
—
2.
VII.
See
col.
—
;
BOLIVIA
Supreme Decree of
21 September 1929 :
Protection of women and
children in
industry,
§§ 5 and 8.
See notes at the end of the tables, pp. 110-113.
30 days after.
During
the
legal absence.
ROTECTION OF MATERNITY
5$
(continued)
egislalion (continued)
Facilities accorded
mothers for nursing
their infants
Indemnities during abstention
from employment
(VI)
(VII)
Idem.
Heavy
work is prohibited.
—
Idem.
As in Burgenland.
Idem.
2. Employer
30 days.
Ratifications
(X)
As in Lower Austria.
Idem.
(a) As in
Lower
Austria.
(b)
Only
light
work
permitted
during
the
third
and
fourth weeks.
(a) As in
Idem.
Lower
AusWomen
tria.
pregnant
(b)
Only
when making
work
contract must light
permitted
declare preduring
the
gnancy.
third, fourth,
fifth
and
sixth weeks.
Idem.
)
Other
Other
provisions
provisions
applying t o applying after
t h e period of
confinement
pregnancy
(IX)
(VIII)
m u s t pay usual salary for
—
—
—
—
3. To qualify for Government subsidy,
Mutual Benefit Societies m u s t pay a bonus
of 125 francs per birth and a daily benefit
of a t least 3 francs for 6 weeks. If daily
benefit a m o u n t s to 6 francs, State subsidy
is increased.
E x t r a break of 15
m i n u t e s every two
hours.
—
—
REGULATIONS RESPECTING TH
B.—Naliont
Legislation
Scope of provisions cited
(I)
(ID
BRAZIL
1. Decree No. 21417 of
1. All women wage-earners
17 May 1932 : Condi- in industrial and commercial
tions of work of women undertakings, public or private.
in industrial and commercial establishments,
§§7-17.
2. Decree No. 24273
2. Insurance is compulsory
of 22 May 1934 : Retire- for employees under 60 years
m e n t and Pensions Ins- of age in commercial establisht i t u t e for salaried com- m e n t s .
mercial employees, § 17,
and
Administrative
Order No. 183 of 26
December 1934, §§81-82.
3. Order of 9 J u l y
3. Insurance is compulsory
1934 : Retirement and for banking employees.
Pensions Institute for
bank
employees
and
Adm. Order No. 54 of
12 Sept. 1934, §64.
4 . Constitution of 16
4. All women wage-earners.
J u l y 1934, § 121, par. 1 h.
5. Decree No. 24278
of 22 May 1934 : Departm e n t for the Protection
of Mothers and Infants.
For women in public
employment, see Ch. X I ,
appendix : Brazil § 6.
BULGARIA
1. Social
Insurance
Act of 6 Mar. 1924, sec.
2 1 , and Regulations of
25 J u n e 1924 and Legislative Decree of 5 J a n .
1935.
2. Legislative Decree
of 5 Sept. 1936 respecting t h e contract
of
employment, § 54.
3. Regulation of 24
Dec. 1934 respecting
t h e creation of various
establishments for children below school age,
§1.
4. Order No. 13599
of 20 Sept. 1932 (use of
lead) § 14.
CANADA
British Columbia
1. Maternity Protection Act, ' Ch. 37 of
1921.
2. Health Insurance
Act, Ch. 23 of 1936,
§ § 4 , 15 a n d 18. •
For women in public
employment, see Ch. X I ,
appendix : Canada, § 6.
1. Insurance
compulsory
for workers and salaried employees in public and private
undertakings (not subject to
pensions legislation) irrespective of work or method of
payment.
2. All women wage-earners,
m a n u a l or intellectual, working under employment contract.
Periods before
Optional
and after
a b s t e n t i o n from
confinement
e
m
ployment
during which
employment before and after
childbirth
is prohibited
(HI)
(IV)
1, 2 and 3.
4 weeks before
and 4 weeks
after.
4.
Leave
before and after
confinement is
assured.
1. See " I n demnities "
col. VII.
2. At least
6 weeks (1 to
3 before, remainder
after
confinement)
See also col. V.
See noies at the end of the tables, pp. 110-113.
1. 6 weeks
after.
(V)
1. During th(
1, 2 and 3.
On production s t a t u t o r y absence
of a medical
certi licate : 6
weeks
before
and 6 weeks
after.
Miscarriage 2 weeks
altogether.
4. Industrial women wageearners.
1. Women
wage-earners
employed in commercial establishments, and in industrial
establishments as defined by
the I. L. Convention, 1919,
with t h e exception of t r a n s portation.
2. Compulsory
insurance
for all employees earning less
t h a n 1,800 dollars a year.
Exceptions : agriculture, undertakings with approved medical
service, holders of exemption
Guarantee of
reservation
of position
]. 6
before.
weeks
4. During absence.
1.
Dismissal
during pregnancy
and 6 weeks after cpnfinement
prohibited.
2.
Dismissal
during pregnancy
and confinement
prohibited.
Ia
case of illness
due to confine^
ment absence malj
extend
to
3
months,
prior
right to vacancies, during
9
months,
from.
first day of a b sence.
1. During legal
absence. If illness
due to confinem e n t , a longer
period to be fixed
by Order.
ROTECTION OF MATERNITY (continued)
61
egislation (continued)
Facilities accorded
fiothers for nursing
their infants
(VI)
I . 2 extra halfour breaks daily,
or 6 m o n t h s after
onfincment. Underakings
employing
0 or more women
,iust provide a erehe.
Indemnities during abstention
from employment
(VII)
1. •Social Insurance Funds, or failing
these employer : to pay during m a t e r n i t y
leave allowance equal to half average
earning of previous six m o n t h s .
Condition : P r e g n a n t woman m u s t give
her employer sufficient notice of her anticipated absence before confinement.
2. Compulsory insurance :
For 4 weeks before and 4 weeks after
confinement, allowance 5 0 % average earnings of last 6 months (maximum 75 milreis
a week). F o r extension of period see col. IV.
Conditions : (a) declaration of pregnancy
to Insurance Institute ;
fb) p a y m e n t of 18 months contributions.
\
Other
Other
provisions
provisions
applying to applying after
t h e period of
confinement
pregnancy
(IX)
(VIII)
Ratifications
(X)
I.
fa) If
work is injurious p r e g n a n t woman
may
terminate contract
on production
of a medical
certificate.
fb) Dismissal on account
of pregnancy
prohibited.
Ratification
registered
26. IV.
1934.
1. See col.
Ratification
registered
14.11.
1922.
3. Compulsory insurance : Allowance as
above (maximum 100 milreis a week).
Condilions : As in fa) above.
5. The Department shall see to m a i n tenance of m a t e r n i t y hospitals, dining
rooms for mothers, day nurseries, etc.
i,
\
i
1. Compulsory Sickness Insurance :
fa) Obstetrical and medical a t t e n d a n c e ;
fb) Cash allowance for 12 weeks Ifi
weeks before, 6 after confinement) 12 to
25 leva a day, i.e. 8 0 % of wages in lowest
2. Nursing m o - paid group and 41.66% in h i g h e s t ;
lers m a y leave 2
fc) In case of illness due to confinement,
ours earlier on Sa- ordinary sickness insurance
treatment
lirdays.
from t h e end of t h e 6th week after confine' 3. All u n d e r t a k i n g s m e n t .
aiploying more than
Condilions : 16 weeks' consecutive contri*> women, who have butions before confinement.
îildren
under
7
2. If woman ineligible under sickness
ears of age, m u s t insurance, employer m u s t pay half her daily
rovide a nursery.
wages for 6 weeks.
I
and 2. Two
Ktra breaks daily,
f half a n hour each,
>r 6 m o n t h s .
V.
2. See col.
V.
4.
Pregn a n t women
not to h a n d l e
lead,
lead
compounds
and lead alloys.
!
2. Medical attendance including a n t e natal and m a t e r n i t y t r e a t m e n t ; if necessary,
hospital care ; provision of drugs and other
therapeutic supplies.
Condilions : A t least 4 weeks' membership and p a y m e n t of 4 weeks' contributions.
—
—
—
REGULATIONS RESPECTING TH
B.—Nation
Legislation
Scope of provisions cited
(I)
(ID
CANADA
(conld.)
Periods before
Optional
and after
a b s t e n t i o n from
confinement
e
m
ployment
during which
employment before a n d after
childbirth
is prohibited
(HI)
(IV)
certificates
(i.e.
Christian
Scientists), and classes which
t h e Lieut. Governor in Council
m a y exempt (domestic servants,
casual and p a r t - t i m e employees,
etc.).
Guarantee of
reservation
of position
(V)
•
,
CHILE
1. Decree No. 178 of
13 May 1931 consolidating the Labour Acts and
Legislative Decrees, sees.
1,162 and 307-321. Administrative Decrees No.
969 of 18 Dec. 1933
(women salaried
employees) §§ 49-52, and
No. 349 of 19 April 1934
(women workers) §§ 4, 8
and 9. Decree No. 576
of 30 Apr. 1935 a n d R e gulations issued by t h e
Mothers' and I n f a n t s '
Assistance D e p a r t m e n t
of 21 Aug. 1936, § 39.
2. Act. No. 4054 of
8 Sept. 1924 : compulsory
sickness, invalidity and
industrial accident insurance (text of Decree
No. 34, 22 J a n . 1926),
§15.
3. Legislative Decree
No. 226 of 15 May 1931 :
Health services (Title I I ,
§§ 40-47).
4. Decree No. 348 of
16 Aug. 1935 (maternal,
and infant welfare).
For women in public
employment, see Ch. X I ,
appendix : Chile, § 6.
1. (a) Book I I . Title I I I .
W o m e n workers (obreras, i.e.
women engaged chiefly in
m a n u a l work) employed in
industrial or commercial undertakings in S t a t e , municipal
or p r i v a t e ownership and in
their branches or dependencies.
(b) B o o k l . Title IV. W o m e n salaried employees (i.e.
women engaged in work in
which t h e intellectual effort
predominates over t h e m a n u a l
effort) in industrial, commercial
or other undertakings, irrespective of work or remuneration.
2. Insurance is compulsory
for all persons under 65 years
subsisting on their salary or
wage alone and whose salary
or wage does not exceed 12,000
pesos a year, including craftsmen,
manufacturers
and
tradesmen, etc., whose annual
income does not exceed t h e
same limit.
Insurance is optional for
persons not liable for insurance
who are under 45 years (limit
income as above).
3. Necessitous women.
1.
(a) 6
weeks before
and 6 weeks
after.
1. (a) Absence m u s t be p r o longed if confin e m e n t is delayed or if illness supervenes.
(b) 6 weeks
before, a n d 6
weeks
after ;
this right cannot be waived.
Leave prolonged
if confinement
is delayed. If
incapable
to
resume work 6
weeks after confinement,
wom a n is entitled
to sick leave.
1. (a) Right t
reinstatement i
former work o
work paid at th
same rate, afte
legal absence. I
case of dispujte
F a c t o r y Inspec
t o r s ' decision • i
final.
See als
col. V I I I .
(b)
Durin,
legal
absence
General right ab
sence due t o ill
ness cannot be .
reason for dis
missal until afte)
4 months.
/
\
CHINA1
Factories Act as amendW o m e n wage-earners
in
ed, 30 Dec. 1932, § 37, factories
using
mechanical
and Administrative Re- power and usually employing
gulations of t h e same 30 workers or more.
date.
For women in public
employment, see Ch. X I ,
appendix : China, § 6.
—
A total of 8
weeks before
and after.
See cols.
and V I I .
11
A total of
8 weeks (2 before).
See cols. V I I
and I X . Durinj
illness due tc
pregnancy
o
nursing.
COLOMBIA
Maternity Protection
Act of 22 Apr. 1938 as
amended by Act No. 197
of 1938. Decree of 10
Sept. 1938 as amended
by Decree No. 2350 of
1938.
W o m e n wage workers and
salaried employees in public
and private u n d e r t a k i n g s .
See notes at the end of the tables, pp. 110-113.
—
ROTECTION OF MATERNITY (continued)
63
egislation (continued)
Facilities accorded
mothers for nursing
their infants
Indemnities during abstention
from employment
(VI)
(VII)
1. One hour in
two breaks, paid as
working hour, even
or piece workers.
Undertakings
employing 20 women or
j ^ e r m u s t set up and
n e i n t a i n a crèche
o,r infants under 1
reiar, t h e plans of
vhich are approved
)y F a c t o r y Inspecorate.
Undertacings failing to comply m a y be closed
>y order of L a b o u r
ïourts.
I
Other
Other
provisions
provisions
applying t o applying after
the period of
confinement
pregnancy
(IX)
(VIII)
1. (a) During legal leave (including
1.
Pregextensions) employer m u s t p a y 5 0 % of n a n t woman
her wages to w o m a n not entitled to insu- m a y only be
rance benefits, and to a w o m a n drawing dismissed for
benefit, such s u p p l e m e n t a r y s u m as is legitimate
needed to provide her with- a n income reasons recoequal to 5 0 % of her wage.
gnised by law
(b) Employer m u s t p a y full salary for (bad conduct,
6 weeks before and 6 weeks after confine- serious fault,
ment.
force majeure,
etc.), F a c t o r y
2. Compulsarli sickness insurance :
(a) Medical attendance duringpregnancy, Inspectorate
being notified.
confinement and period following ;
(b) medical attendance a n d supervision Diminution
of o u t p u t not
of child for 2 years ;
(c) m a t e r n i t y allowance 5 0 % of wages recognised
2 weeks before a n d 2 weeks after confine- reason.
ment ;
(d) not exceeding 12 m o n t h s . After
termination of m a t e r n i t y allowance, nursing allowance 1 0 % of wage or provision of
food for t h e child, maximum 12 m o n t h s .
Ratifications
(X)
Ratification
registered
15. I X .
1925.
3. Free t r e a t m e n t in public welfare
institutions from conception until 6 m o n t h s
after confinement.
4. Co-ordination of m a t e r n i t y a n d
infant welfare services, official, semiofficial and private, entrusted to a committee.
1
Undertakings employing women to
pirovide a room for
rursing and, if possible, a crèche.'
Employer must pay full wage during t h e
legal absence (half the wage if e m p l o y m e n t
in factory is less t h a n 6 m o n t h s ) .
—
Employer m u s t p a y full wage during
legal absence (twice as m u c h in case of
contravention).
Dismissal
on account of
pregnancy
prohibited
—
Ratification r e commended by t h e
Legislative
Y u a n on
30.X.1933.
i
15 t o 20 m i n u t e s '
>reak with full p a y
¡very 3 hours or
iftener upon medical
értificate. EmployT m u s t provide a
îursing room.
Dismissal on Ratification regisaccount of
nursing pro- tered
20.VI.1933
hibited.
REGULATIONS RESPECTING TU
B.—Nalioiu
Legislation
Scope of provisions cited
(I)
(II)
COSTA RICA
1. Children's Code of
24 Oct. 1932, §§ 1-8.
2. Decree No. 14 of
26 J u n e 1937 creating a
Maternity Section in the
Secretariat of
Public
Hygiene and Social P r o tection.
For women in public
employment, see Ch. X I ,
appendix : Costa Rica,
§ 6.
CUBA
1. Legislative Decree
No. 152 of 18 Apr. 1934:
employment of women
before and after childbirth as amended byLegislative Decree No.
781 of 28 Dec. 1934,
Decree No. 787 of 5 Apr.
1935, Act. No. 114 of 23
Apr. 1935, Legislative
Decree No. 147 of 14
Aug. 1935 and Ministerial
Resolutions of 12 Sept.
1935, 31 J u l y 1936 and
30 Oct. 1936. Maternity
and Health Insurance Act,
15 Dec. 1937, Arts. 1-15.
2. Legislative Decree
No. 309 of 8 Oct. 1935
applying the provision of
Legislative Decree No.
781 of 28 Dec. 1934 to
newspaper undertakings.
For women in public
employment, see Ch. X I ,
appendix : Cuba, § 6.
Periods before
Optional
and after
a b s t e n t i o n from
confinement
employment
during which
employment before a n d after
childbirth
is prohibited
(III)
(IV)
Guarantee of
reservation
of position
(V)
1. (a) Women in industrial
or commercial undertakings
or their dependencies whether
u r b a n or rural, public or
private.
(b) Necessitous women.
1. fa)
4
weeks before
and 4 weeks
after.
1. (a)
6
weeks
before
on production
of medical certificate
showing the necessity.
1. (a) During
t h e legal absence,
longer if shown
t o be necessary
in case of illness
due to confinement.
1. Women, whatever racé,
nationality, age or civil status,
employed by private persons
or by public or private industrial or commercial undertakings (including categories
enumerated in Washington
Convention, and philanthropic or mutual aid societies,
educational centres, nursing
homes, clubs and
mental
institutions).
1 and 2, 6
weeks after.
1 and 2. 6
weeks before.
1 and 2. During legal absence
and illness due t o
pregnancy m a x i m u m period to/be
fixed by t h e Secretary of L a bour.
See col.
VIII.
2. Women wage-earners in
newspaper undertakings.
¡
Ì
CZECHO-SLOVAKIA
1. Women
wage-earners,
1. Industrial
Code
(former Austrian Code), particularly in industry and
§ 94. (This t e x t applies commerce (exceptions : agrito the so-called " Histo- culture, forestry and prepararic Provinces ", i.e. Bohe- tion of allied products ; mines ;
mia, Moravia, Silesia.)
d a y work ; home work ; law2. Industrial Code of yers' and engineers' offices ;
hospitals,
etc, ; pharmacies ;
10 Oct. 1924, No. 259
for Slovakia and Sub- private educational instituCarpathian Russia, § 131. tions ; banking and savings
3. E m p l o y m e n t
of establishments ; land a n d
Women
and
Young water transport ; public enterPersons in Mines Act tainments ; newspapers offices
No. 115 of 21 J u n e 1884 and itinerant trading).
(former Austrian Act),
2. Idem.
§1.
3. Women wage-earners in
4. W o r k e r s '
Insu- mining undertakings.
rance Act of 9 Oct. 1924
as amended by Notification No. 189 of 25
J u l y 1934, §§ 95, 104
and 105.
See notes at the end o¡ Ihc tables, pp. 110-113.
1. 6 weeks
after.
2.
Idem.
3 . 6 weeks
after
or 4
weeks if medical certificate
shows
t h a t t h e wom a n is fit t o
work.
'•
»ROTECTION OF MATERNITY (coiilinucd)
65
legislation (continued)
Facilities accorded
m o t h e r s for nursing
their infants
Indemnities during abstention
from employment
(VI)
(VII)
1. (a) 15 m i n u t e s '
break every 3 hours ;
more frequently on
; production of a m e 1 dical certificate.
1. (a) Employer m u s t pay 5 0 % of t h e
wages during legal absence. Establishment
of a m a t e r n i t y insurance fund laid down as
a d u t y of the" State.
(b) State m u s t provide medical and
obstetrical attendance in t h e home, in
m a t e r n i t y clinics and in centres for antenatal consultations.
2. The maternity section m u s t register
public and private institutions for maternal
welfare, supervise and develop maternity
centres, administer and improve domiciliary
midwifery service.
1 and 2. Two
e x t r a half-hour breaks
d'aily (with medical
certificate more fre(f.uent
or
longer
breaks) ; right to
breaks or to wages
d u e for breaks cannot
be
waived.
Undertakings
employing a t least 50
, women m u s t provide
a crèche for children
Wnder
2 years of
avge. Nurses m a y be
paid by t h e Sickness
i n s u r a n c e Fund.
1 and 2. Compulsory Maternity Insurance 1:
(a) Medical and obstetrical attendance ;
fb) Allowance equal to wage (minimum
1.25 pesos a day, maximum 4 pesos or 100
pesos a month) during legal absence and,
if confinement is delayed, for 3 extra weeks.
(50% reduction if w o m a n enters hospital.)
Hospitalisation obligatory when provided
for in t h e insurance unless hospital too
remote from domicile.
Conditions : a b s t e n t i o n from paid work
and five m o n t h ' scontributions during t h e
two years preceding confinement or, in
case of piece work, contributions during
t h e two preceding years corresponding to
404 pesos of wages.
i
i
J
(
4. Workers' compulsory insurance :
(a) Medical or obstetrical t r e a t m e n t
(including miscarriage) ;
(b) Allowance equal t o sickness benefit
(scale of 10 categories from 2.70 to 24 Kc.
daily) 6 weeks before and 6 weeks after
confinement.
Conditions : abstention from paid work.
(c) A nursing allowance half sickness
benefit, for 12 weeks.
The Rules of t h e Insurance F u n d m a y :
1. Impose for (a) and (b) as condition
180 days insurance (maximum 270 days)
during t h e last 12 months ;
2. G r a n t additional lump sum allowance
of 300 K c . ;
Other
Other
provisions
provisions
applying to applying after
t h e period of
confinement
pregnancy
(IX)
(VIII)
1 and 2.
Neither pregnancy,
if
medically
testified, nor
resultant decrease of efficiency m a y
cause dismissal. Prohibition of employing
a
pregnant
woman
on
work exceeding
her
strength, or
which keeps
her standing,
or can produce nervous
shocks
or
could
cause
miscarriage
or affect normal developm e n t of her
child. Change
of work if
necessary.
Ratifications
(X)
Ratification
registered
6.VIII.
1928.
Ratification
recommended.
5
66
REGULATIONS RESPECTING T H I
B.—Nationa
Legislation
Scope of provisions cited
(I)
(II
CZECHO-SLOVAKIA
(contd.)
5. Salaried Employees Act of 11 J u l y 1934,
§§ 19, 21 and 4 1 .
6. Order of 29 May
1908 : work in quarries,
sand and gravel pits
(" Historic Provinces "),
§52.
7. Similar Order of
26 May 1925 (Slovakia
and Sub-Carpathian R u s sia), § 52.
8. Order of 7 F e b .
1907 : Building t r a d e ,
(" Historic Provinces ")
§40.
9. Similar Order of
26 May 1925 (Slovakia
and Sub-Carpathian Russia), § 40.
For women in public
employment, see Ch. X I ,
appendix
:
Czechoslovakia, § 6.
Periods before
Optional
and after
a b s t e n t i o n from
confinement
e
m
ployment
during which
employment before a n d after
childbirth
is prohibited
(HI)
(IV)
G u a r a n t e e of
reservation
of position
(V)
f
4. Insurance is compulsory
for all persons working under
a labour contract (including
homeworkers) excepting persons covered by other insurance
schemes (civil servants, miners).
5. W o m e n salaried employees in commercial a n d
mining undertakings (including commercial travellers), in
banks, insurance publishing
houses,
lawyers',
private
engineers'
and
architects'
offices ; tobacconists' shops, etc.
6. W o m e n
wage-earners
employed in t h e u n d e r t a k i n g s
mentioned.
7. Idem.
8. Building u n d e r t a k i n g s .
9. Idem.
5.
See
V.
col.
5. No dismissal during
6
weeks'
legal
absence. If a b sence is prolonged for 14 days,
the woman m a y
be dismissed b u t
retains her r i g h t
t o t h e 6 weeks'
salary.
/
';
,'
DENMARK
1. Factories Act No.
143 of 1913, § 29.
2. Act No. 155 of
1912 concerning work
in bakeries, § 12.
3. Social
Insurance
Act of 20 May 1933
(voluntary
insurance),
§§ 18 and 19.
4. Public Assistance
Act of 20 May 1933,
§§ 231-238.
F o r women in public
employment, see Ch. X I ,
appendix : Denmark,
§ 6.
1. W o m e n wage-earners
employed
in
factories,
workshops used as factories
and other industrial undertakings (including quarries,
etc.), regularly and simultaneously employing
several
workers (according t o § 3
undertakings using mechanical
power irrespective of t h e
number of workers or those
not using mechanical power
b u t employing 6 or more
workers).
2. Bakeries, pastry-cooks'
and confectioners' establishments.
3. Persons insured in t r a d e
or local sickness insurance
funds, insurance open to wageearners between 14 and 60
years having no means b u t
their wage, and other per
sons in similar circumstances
residing in t h e areas in which
the funds apply and meeting
requirements as t o h e a l t h and
working capacity.
4. Necessitous women and
all women covered by sec. 29
of the Factory Act who are
not full members of a recognised sickness insurance fund.
—
1. 4 weeks
after unless a
medical certificate shows
complete
recovery.
2.
Idem.
—
—^
—
!
\
\
/
i
',
i
i
—
—
!
ROTECTION OF MATERNITY
67
(continued)
.egislalion (continued)
Facilities accorded
m o t h e r s for nursing
their infants
';
(vi)
Indemnities during abstention
from employment
(VII)
Other
Other
provisions
provisions
applying t o applying after
t h e period of
confinement
pregnancy
(VIII)
(IX)
)
¡
\
3. Grant in place of (b) nursing allowance one-quarter sickness benefit, for
26 weeks.
5. The employer m u s t p a y the salary
during 6 weeks' absence.
Condition : 2 years' employment in the
same undertaking.
6 and 7.
Employment
of women in
an advanced
s t a t e of pregnancy p r o hibited.
i
8 and 9.
No employm e n t of women in an
advanced
s t a t e of pregnancy
on
heavy work,
on ladders or
in carrying
materials.
!
<
1
1. Where 25 wom e n are employed,
a special room, heated in winter, m u s t be
provided for nursing.
(
\
!
Í
I
3. Volunlary sickness insurance :
(a) Services of a midwife, medical a t t e n dance and medicaments ;
(b) To women abstaining from work in
accordance with labour law, daily allowance
of from 1.80 to 3 Kr. (according to commune
and varying with t h e cost of living index)
for 14 days before confinement, and if
work injurious to her or the child, for as
much as 8 weeks ;
(c) Sickness benefit for 14 days after
confinement. To women abstaining from
work in accordance with labour law, benefit
at rate of pre-confinement
allowance
(see 6) for two weeks, or if abstains from
work t o nurse child, for 6 weeks ;
(d) If has to stay in bed more t h a n
14 days after confinement, an allowance
in cash and in kind according to sickness
insurance rules.
Condition : A membership of fund for at
least 10 months.
4. Public Assistance :
(a) Services of midwife or doctor, or
hospital care ;
(b) W o m e n prohibited by labour laws
from working after confinement and not
entitled to m a t e r n i t y benefit under social
insurance scheme receive, according to
need, allowances from communal funds
at rate lower t h a n benefit granted under the
Insurance Act ;
(c) If necessary, 1 litre of milk a day ;
(d) Unmarried, divorced, separated or
deserted mothers m a y ask their commune
for an advance on contribution due from
t h e father of the child for confinement
expenses and maintenance one m o n t h
before and one m o n t h after confinement.
5.
While
lying in, a
woman may
not be evicted from living
quarters provided by t h e
undertaking
if removal
would injure
her health.
Ratifications
(X)
68
REGULATIONS RESPECTING THI
B.—Nationa
Legislation
Scope of provisions cited
(I)
(II)
ICELAND
Social Insurance Act
No. 26 of 1 Febr. 1936.
DOMINICAN REPUBLIC
Act No. 929 of 21
J u n e 1935 concerning
hours of work, § 7.
ECUADOR
1. L a b o u r Code of 5
Aug. 1938, §§ 90-92.
2.
Regulations of 9
Apr. 1939 : Crèches.
EGYPT
Act N o . 80 of 17 Rabi
El-Awal
1352
(A.D.
1933) : E m p l o y m e n t of
women in i n d u s t r y and
commerce, §§ 1,2,12-17.
ESTONIA »
1. E m p l o y m e n t
of
Children, Y o u n g Persons
and W o m e n Act, 20 May
1924, § 10.
2. Russian Sickness
Insurance Act, 23 J u n e
1912, sees. 44-55 and §
IV, adding a § 126' t o
the Industrial Code.
3. Public Relief Act,
19 J u n e 1925, § 73.
4. Order of 19 Oct.
1928 : organisation of crèches and kindergartens.
5. Decree of 29 J u n e
1934 : Medical t r e a t m e n t
for workers on State
lands, § 12.
For w o m e n in public
employment, see Ch. X I ,
appendix : Estonia, § 6.
Insurance is compulsory for
persons 16 years and over
whose income does not exceed
4,500 Kr.
Women wage-earners employed in industrial and commercial establishments.
Periods before
Optional
and after
confinement a b s t e n t i o n from
employment
during which
e m p l o y m e n t before and after
is prohibited
childbirth
(III)
(IV)
—
—
—
3
weeks
before and 3
weeks after.
W o m e n employed in industrial and commercial establishments, defined as in Convention No. 3, and in archœological
excavations, offices, hotels,
etc., public entertainments.
W o m e n employed in agriculture are explicitly excepted.
I. 2 weeks
after confinement.
1. Women wage-earners in
industrial undertakings (defined in t h e Washington Convention).
2. Insurance is compulsory
for persons employed in industrial and handicraft establishments employing 5, or more,
persons ; may be extended t o
establishments employing less
t h a n 5.
3 and 4. Large factories
and workshops.
2. W o m e n
members of
a sickness insurance fund:
4 weeks after.
5. Women
wage-earners
employed on State Lands.
5. 4 weeks
before and 7
weeks after.
See notes atthe end of the tables, pp. 110-113.
(V)
Í
All women wage-earners.
1.
Guarantee of
reservation
of position
—
—
I m o n t h before and
an
extra 2 weeks after t h e 2 weeks'
compulsory a b sence. (See col.
III.)
1. 6 weeks ;
longer, if ill d u e
to confmementj
Infraction fihe
is paid to w o m a n
dismissed
(50500 sucres). See
also col. V I I I .
(a) During v o luntary
and
compulsory legal
absence ;
,
(b) in case of
illness medically
certified as due
to pregnancy or
confinement,
extension up to a
total absence of 3
m o n t h s . Condition for (b) :
7 consecutive
months of em?
ployment.
If '
woman engages /
in other employment during hqr
leave, m a y b!e
dismissed.
j
J
ROTECTION OF MATERNITY (conlinued)
69
egislalion (continued)
facilities accorded
m o t h e r s for nursing
) their infants
(VI)
Other
Other
provisions
provisions
applying t o applying after
t h e period of
confinement
pregnancy
(IX)
(VIII)
Indemnities during abstention
from employment
(VII)
Ratifications
(X)
Ì
Sickness insurance
funds m a y
assistance for women at childbirth.
f
j T w o extra breaks
o'f half a n hour each.
provide
—
; 1 . For 9 months
1. Employer must p a y 75 % of t h e wages
otter confinement, 15 during the legal absence.
niinutes every 3 hours.
) 2 . Crèches provide a out of public
ft'jinds for children
of\working women.
18 months after
confinement, two
e x t r a breaks daily,
ait-least half an hour
eiach, to count as
f o r k i n g hours.
—
—
—
—
1. Dismissal
on account of
pregnancy
prohibited.
Employer m u s t p a y half wages during
compulsory absence.
Conditions : 7 consecutive m o n t h s '
service in t h e establishment and abstention
from paid work.
1
t
i
i
\
r
Í
i 3 and 4. If Social
IJielief Office so requests with approval
olf Minister of Commerce and Industry,
t h e employer m u s t
s'et u p a cròche near
enough to t h e workplace to enable wom e n to nurse their
Children a n d a d a y
rfursery where both
iTien and women m a y
l^ave children who
c a n n o t be cared for
at h o m e .
2. Compulsory sickness
insurance.
(a) Medical and obstetrical a t t e n d a n c e
and medicaments ;
(b) allowance of 50 t o 100 % of wages for
2 weeks before a n d 4 weeks after.
Conditions : 3 m o n t h s ' contributions
(6 weeks in State undertakings) ; abstention
from remunerative employment.
5. Three-quarters of
payable during absence.
the
wages
are
1. Employm e n t of preg n a n t women
in carrying
heavy loads
forbidden.
—
—
70
REGULATIONS
RESPECTING
THI
B.—Nationa
Legislation
Scope of provisions cited
(I)
(II)
FINLAND
1. Order of 18 Aug.
1917 concerning work in
industrial and certain
other undertakings, § 17.
2. Act of 8 Dec. 1934
concerning
commercial
undertakings, § 7.
3 . Act of 1 J u n e 1922
concerning
contracts
of employment, § 3 1 .
4. Maternity assistance law of 24 Sept.
1937.
For women in public
employment, seeCh. X I ,
appendix : F i n l a n d , § 6.
FRANCE
1. Labour Code, Book
I, §§ 29 and 29n, as
amended by t h e Act of
4 J a n . 1928.
2. L a b o u r Code, Book
II, §§ 54a to 54e.
3. Decree of 11 Mar.
1926 concerning accommodation for
nursing
mothers.
4. Decree of 28 Oct.
1935 amending t h e social
insurance system (commercial and industrial
insurance), §9 as amended
b y Act of 26 Aug. 1936,
Administrative Decree of
19 Mar. 1936 and circular of 9 Apr.
1937
(maximum benefit under
m a t e r n i t y insurance). 1
5. Decree of 30 Oct.
1935 amending t h e social
insurance system (agricultural workers) ; Administrative Decree of 24
Mar. 1936, §§ 13, 14 and
16 ; Order of 3 Mar. 1937
(model regulations for
agricultural insurance
institutions).*
6. Act of 17 J u n e
1913 : assistance t o
women a t childbirth as
amended b y Act of 2
Dec. 1917. Act of 24
Oct. 1919 concerning
nursing mothers. Acts
fixing m a t e r n i t y
and
nursing allowances :
Budget Act of 30 J u l y
1913, §§ 68-75 ; Finance
Act of 30 Apr. 1921,
§§ 93-95 ; Budget Act
of 1930-1931, §§ 168-169,
and Decree of 30 Oct.
1935.*
1. W o m e n employed in
factories and industrial workshops ; construction other t h a n
rural domestic construction ;
bathing establishments ; loading and unloading ; in which
a t least 3 people are employed.
2. All women employed
in commercial establishments.
3. All women under an
employment contract, w h a t ever its nature.
4. W o m e n with
small
resources.
(Joint
income
with husband not more t h a n
8,000 m a r k s , or where cost of
living is high, 10,000.)
Periods before
Optional
and after
confinement a b s t e n t i o n from
employment
during which
employment before a n d after
is prohibited
childbirth
(III)
(IV)
1. 4 weeks
after.
2. 6 weeks
after.
1. All women bound by a
contract of employment.
2 and 3. W o m e n wageearners in all industrial and
commercial undertakings or
their dependencies, public,
private or even of a vocational
or charitable n a t u r e .
4. Insurance is compulsory
for wage-earners in commerce
and industry (including h o m e workers, hotel, r e s t a u r a n t and
café employees, domestic
servants, t h e a t r e and cinema
ushers, etc.) whose a n n u a l
wages are between 1,000 frs.
and 21,000 frs. (25,000 frs. for
persons with one or several
dependent children).
5. Insurance is compulsory
for all wage-earners in agriculture and forestry whose
a n n u a l income does not
exceed 21,000 frs. (25,000 frs.
for persons with one or several
dependent children).
6. French women w i t h o u t
resources.
See notes at ¡he end of ¡he tables, pp. 110-113.
2. 4 weeks
after.
Guarantee of/
reservation
of position <
(V)
3. The employ>er m a y not d e nounce t h e c o n - |
t r a c t during legal,
absence for con-)
finement. (See
col. I l l , 1 and 2.)
1. A w o m a n
1.
Employer
who is obvious- m a y not (on p a i n
ly
pregnant
of damages) dism a y leave her miss because of
employment
absence during 12
w i t h o u t notice consecutive weeks
(breaking con- before and after
tract
w i t h o u t confinement or,
penalty).
In
on medical certicase of illness fication,
during
due t o confi- 15 weeks.
Any
n e m e n t a wo- agreement
to '
m a n m a y be another effect ite
absent
from null and void.
work 6 weeks The w o m a n is
before and 6 entitled to legal
weeks
after
aid in t h e courts
confinement
of first instance,
and for a n extra
3 weeks.
'ROTECTION
OF MATERNITY
71
(cOTllinued)
Legislation (continued)
facilities accorded
m o t h e r s for nursing
their infants
Indemnities during abstention
from employment
(VI)
(VII)
Other
Other
provisions
provisions
applying t o
applying after
t h e period of
confinement
pregnancy
(IX)
(VIII)
Ratifications
(X)
1 and 2.
Employment
of women in
an advanced
s t a t e of pregnancy on
work injurious
to their health
is forbidden.
4. Maternity benefit of 450 marks per
child, in cash or in kind.
v
4. Compulsory insurance.
Ratifica,) Medical and pharmaceutical expenses
cation
connected with pregnancy, confinement
proposed.
and illness arising from same, u p t o 325 frs.
in towns of less t h a n 20,000 inhabitants and
425 in larger towns (augmentation for
multiparity) ;
(b) daily benefit according t o contributions in first of t h e 4 calendar quarters
preceding confinement (minimum 3 frs.,
m a x i m u m 22 frs.) for at least 6 weeks, or if
woman abstains from employment for
6 weeks before confinement and 6 weeks
after ;
(c) m o n t h l y nursing allowance (maximum
850 frs., m i n i m u m first 3 m o n t h s : 175 frs.).
If physically incapable of nursing, milk
voucher ( m a x i m u m : 6 0 % of nursing allowance). I n case of m u l t i p a r i t y nursing
allowance for each child ;
(d) In case of illness due to pregnancy
or confinement, ordinary sickness allowance
(3 to 22 frs. a day) ;
(e) In case of prolonged incapacity,
(6 m o n t h s after confinement) invalidity
insurance ;
(I) daily m a t e r n i t y and sickness allowance increased by one franc per dependent child.
Condition : a t least 60 frs. contributions during t h e 4 calendar quarters preceding confinement and a t
least 15 frs. during t h e first quarter. F u n d s m a y require following conditions for cash benefits : establishment
of pregnancy by a doctor or a midwife 4 m o n t h s before confinement, fulfilment of conditions imposed by
t h e insurance fund in connection with ante-natal and post-natal medical examination, attendance at a m a t e r n i t y centre, etc.
5. Compulsory social insurance :
(a) Medical and pharmaceutical expenses of pregnancy, confinement and sequelae (augmented for
multiparity) ;
(b) L u m p sum benefit of 44 frs. :
(c) Benefit equal to daily sick benefit ( a m o u n t to be fixed by fund (say at 6 frs.) for at least 6 weeks
or for 6 weeks before confinement and 6 weeks after if woman abstains from work during the whole period
of benefit, reduced in case of hospitalisation; a u g m e n t e d b y one fr. a d a y per dependent child ;
(d) Monthly nursing allowance (maximum 850 frs.) or if nursing impossible, premiums. In case of multiple
birth nursing benefit for each child ;
(e) In case of illness resulting from pregnancy or confinement, ordinary sick benefit.
Condition: to have paid a sum equal t o a t least 10 monthly contributions during t h e 4 calendar quarters
preceding t h a t of t h e confinement and t o h a v e paid a t least 3 contributions during t h e first quarter.
6. Public relief : Daily allowance out of d e p a r t m e n t a l public funds with aid of municipalities and State
(fixed for each municipality rates between 2.50 and 7.50 frs. for a day or higher if the municipality bears t h e
expense) for 4 weeks before and 4 weeks after confinement, provided t h e w o m a n abstains from paid
employment and takes the rest and care required by her condition. Monthly nursing allowance, 15 to 45
1rs., u p to-6 months, State paying t h r e e - q u a r t e r s , d e p a r t m e n t and municipality one-quarter.
¡ 2. For one year
after confinement two
b r e a k s of half a n
h o u r ; if t h e undert a k i n g has accommod a t i o n for nursing,
t w o breaks of 20
minutes.
3. Undertakings
employing more t h a n
1100 women m a y be
'obliged to provide
t nursing accommodat i o n for women with
children under one
year of age.
REGULATIONS RESPECTING THE
72
B.—National
Legislation
Scope of provisions cited
(I)
(ID
Periods before
Optional
and after
a b s t e n t i o n from
confinement
employment
during which before a n d after
employment
childbirth
is prohibited
(IV)
(III)
Guarantee of /
reservation '•
of position
(V)
FRANCE
(contd.)
7. Various collective
agreements given the
force of law.*
F o r w o m e n in public
employment, seeCh. X I ,
appendix : France, § 0.
French Possessions
Algeria
1. Decrees of 19 J a n .
1915 and 23 Oct. 1933
applying respectively §
29 and 29a of Book I of
t h e Labour Code.
2. Decree of 15 J a n .
1921 applying (with cert a i n reservations) Book
I I of t h e Labour Code.
3. Decrees of 20 J u l y
1911 and of 18 Apr. 1913
(carrying loads).
Morocco
1. Dahir of 13 J u l y
1926 issuing regulations
for employment in industrial and
commercial
establishments, §§ 1819.
2. Order of t h e Vizier of 25 December
1926 (carrying of weights)
Tunis
Decree of 15 J u n e
1910 : E m p l o y m e n t in
industrial and commercial establishments, §6
17 and 18.
French
Equatorial
Africa
1. Order of 28 Oct.
1924 : P r e g n a n t women
or nursing mothers.
2. Order of 15 J u n e
1936 : Native Maternity
and Child Welfare Bureau, § 1 1 .
F r e n c h W e s t Africa 1
1.
Native Labour
Order of 29 March 1926,
§ 42.
2.
E m p l o y m e n t of
women and children
Decree, 18 Sept. 1936. ».
,
1
1. Every woman bound b y
a contract of employment.
—
1. As
for
F r a n c e No. 1
above.
/
1. As for
F r a n c e N o . 1,
above.
i
2. §§ 54a and 54e are n o t
applied in Algeria.
(
j
1
3. W o m e n wage-earners in
industrial and
commercial
establishments.
1. W o m e n wage-earners in
industrial
and
commercial
establishments or their dependencies, public, private, secular
or religious, even those conducted for vocational t r a i n i n g
or for charitable purposes
(including offices).
2.
—
1. As sec. 29
of Book I of
t h e Labour Code in t e x t of
28 December
1910 (see col.
V).
As for Algeria No. 3.
\
1. (a)
Employer m a y not.
(under penalty of
damages) cancel
c o n t r a c t because )
of woman's a b sence during 8 ¡
consecutive weeks'
before and after,
confinement.
(b) Any agreem e n t to c o n t r a r y
is null and void.
W o m a n is entitled t o legal aid '
in t h e courts of ¡
first instance.
!
/
All women in manufacturing
establishments,
workshops,
yards, mines, quarries, or
dependencies (of every sort).
—
Idem.
Idem.
:
/
1. W o m e n wage-earners in
public or private workplaces.
2.
Native women.
1. P r e g n a n t
women
or
nursing m o thers m a y not
be employed.
—
—
1. A total of
8 weeks before
and after.
2. (a) As for
Morocco.
—
i
i
—
i
i
'
i
1. Native women in commercial, industrial or agricultural
undertakings.
2. (a) European women or
those with legal status of
European women, and native
women employed under a
labour c o n t r a c t .
See noies al ¡fie end of the tables, pp. 110-113.
2.
(b) 2
months
before in h e a v y
work done in
family groups
2. (a) As for
Morocco.
\OTECTION
OF
MATERNITY
73
(continued)
ig.islalion (continued)
Facilities accorded
noithers for nursing
,' their infants
Indemnities during abstention
from employment
(VI)
(VII)
Other
Other
provisions
provisions
applying to applying after
t h e period of
confinement
pregnancy
(IX)
(VIII)
Maternity and nursing allowances increased for multiparity.
Period during
which application m a y be made : 3 months
after confinement ; application
m a y be for
nursing allowance alone. l
3. W o m e n
not to carry,
push or drag
loads for 3
weeks
after
confinement,
provided employer has
been informed
of the date of
confinement.
. 1 . For year after
lïildbirth two half
o á r breaks.
Uneçtakings employing
lore t h a n 50 women
ve(r 15 years m u s t
rtjvide a room for
ujrsing.
\
2. As for
Algeria No. 3.
¡Additional breaks
it nursing. Accomo d a t i o n for nursing
i| be provided in
njdertakings employig 50 or more vvo,cn workers.
\
Medical relief for pregnant women.
I
2 . (a)
For 18
lonths after birth
vo breaks of 20
limites each in aditlion to the ordinary
réaks.
1. The employer must provide the daily
allowance of provisions and half the wage
during the 8 weeks.
2. (a) No
p r e g n a n t women to carry,
push or drag
loads.
2.
(b)
Lieut.-Governors m a y
Ratifications
(X)
74
REGULATIONS
RESPECTING
TH
B.—Nation,
Legislation
Scope of provisions cited
(I)
(II)
French Possessions
(contd.)
French West Africa
(contd.)
Guadeloupe
Decree of 22 Dec. 1938:
Application of Book I
of t h e Labour Code.
Guiana
1. Decree of 22 Dec.
1938
Application of
Book I of t h e L a b o u r
Code.
2. Decree of 7 Febr.
1924 : Application of
Book I I oí t h e Labour
Code (§15 of t h e Decree).
French
Establishm e n t s in India
Decree of 6 Apr. 1937
to regulate conditions
of employment, §§33-34.
(b) Same classes of women
doing work within t h e family
(including guarding
flocks,
cultivation, harvesting, fishing and other work defined
by order according to local
custom).
Periods before
Optional
and after
a b s t e n t i o n from
confinement
e
m
ployment
during which
employment before and after
is prohibited
childbirth
(HI)
(IV)
As for Algeria.
1. Every w o m a n bound by
a contract of employment.
1. As
Algeria.
women in factories,
mines and
open
yards, workshops
dependencies, w h a t nature.
1. Native or alien Asiatic
women employed under cont r a c t in agricultural, industrial and mining undertakings
(col. VI, for agricultural undertakings only).
2. Native women, Asiatic
women assimilated t o t h e m ,
European women and women
assimilated to t h e m employed
in a n y factories, works, yards,
laboratories, workshops and
their dependencies, stores,
shops, offices, except native
handicraft workshops not
employing more t h a n 10 workers and apprentices.
3. Decree of 30 Dec.
3. Native women and wo1936 concerning t h e same m e n assimilated to t h e m emsubject, §§ 27, 82 and ployed in industrial, mining
83.
and commercial u n d e r t a k i n g s .
4. E u r o p e a n women and
4. Decree of 24 Febr.
1937 : E m p l o y m e n t of women assimilated to t h e m in
Europeans, §§ 22, 23, 72 industrial, mining, commercial
and agricultural undertakings
and 73.
(for col. V also domestic
servants).
Madagascar
Native Labour Decree
Native women wage-earners
of 7 Apr. 1938, §§ 17, in agricultural, commercial or
18, 39, 5 1 .
industrial undertakings.
See noles al the end of the tables, pp. 110-113.
for
As for Algeria
1. As for Kl
geria.
i
2. 4 weeks
after.
All women employed in
factories, works, yards, workshops and their dependencies.
Indo-China
1. Protection of n a t i ve and alien Asiatic
Labour Order, 25 Oct.
1927, §§ 50, 83-85 (text
applicable t o all p r o vinces), as amended by
Decree of 21 Sept. 1935,
§§ 16 and 32.
2. Decree of 19 J a n .
1933 concerning the u n contracted labour of natives and
assimilated
Asiatics, §§ 12-13, as
amended by Decree of
15 May 1934.
(V)
according t o
native cust o m and in
boring new
shafts1 of all
sorts.
Every w o m a n bound by a
c o n t r a c t of employment.
2. All
quarries,
workings,
and their
ever their
Guarantee of
reservation
of position
See col. V.
1. 1 m o n t h
after.
f
2 and 3. As
Morocco.
1
1. See col.
VIII.
2 and 3. See
col. V.
4. A n obviously
pregnant woman
m a y leave her
work w i t h o u t
advanced notice (see also col.
V).
4
weeks
before
and
4 weeks after.
As for Morpc
co 1 (a).
Absence from
work authorised
in case of incapacity due t o
maternity.
t
4. As for Ä]Ti
rocco. Extendie
up t o 12 weeil
upon producilo
of a medical c ç
tiflcate.
)
No penalisation for authori
ed absence, n
cancellation ,
contract
unies
more t h a n 6
consecutive d a y
absence.
ÍOTECTION
OF M A T E R N I T Y
75
(continued)
egislalion (continued)
Facilities accorded
mothers for nursing
{ their infants
(VI)
Indemnities during abstention
from employment
(VII)
Other
Other
provisions
provisions
applying t o applying after
t h e period of
confinement
pregnancy
(IX)
(VIII)
regulate con
ditionsofwork
for p r e g n a n t
women using
e q u i p m e n t of
certain sorts
belonging to
their families.'
S3. For year after
¡hitdbirth 2 half-hour
Drçaks daily ; n u r s n g accommodation
must be provided.
\
l,As for Guiana 2.
, l l . Agricultural
undertakings
emplloying more t h a n
59 women m a y be
required t o m a i n t a i n
¡t>' crèche and supply
milk and rice for
Children.
j 2, 3 and 4. For
^ear
after
childb i r t h 2 rest periods
i f 20 minutes each.
Half of wages for 4 weeks.
1. Emplotjcr m u s t p a y fuH wages during
s t a t u t o r y absence.
Infants under 18 m o n t h s not nursed
b y their mothers receive a 400 gr. tin of
condensed milk every other day.
1.
Only
light
tasks
during
last
months
of
pregnancy
and
first
months
of
nursing.
3 and 4. Wages are not payable during
t h e s t a t u t o r y absence. (See col. V.)
F o r 1 year after
childbirth 2 breaks
daily of half an hour
each.
I
Employer m u s t supply provisions and
half wages for a m a x i m u m of 1 m o n t h .
No
pregnant woman
t o carry, push
or drag loads.
See
VIII.
col
Ratifications
(X)
76
REGULATIONS RESPECTING TH
B.—Nalionc
Legislation
Scope of provisions cited
(I)
(ID
Periods before
Optional
and after
a b s t e n t i o n from
confinement
employment
during which
employment before a n d after
childbirth
is prohibited
(III)
(IV)
Guarantee oí
reservation
of position;
(V)
!
French Possessions
(conld.)
Martinique
1. Decree of 31 Oct.
1938 : application of
Book I of t h e Labour
Code.
2. Order of 20 J u n e
1927 (carrying loads).
N e w Caledonia
1. Decree of 22 Dec.
1938
(application of
Book I of t h e L a b o u r
Code).
2 . Decree of 5 Oct.
1927 (application of
Book II).
3. Decree of 24 Dec.
1935 : immigration into
New Caledonia, §§ 64
and.81.
French
Establishm e n t s in Oceania
1. Order of 24 March
1924 : engagement of
industrial and agricult u r a l workers other t h a n
those subject t o t h e
Immigration Regulations,
§ 17.
2. S t a n d a r d labour
contract for emigrant
workers in t h e Pacific
Colonies, §§ 8 and 20.
1. Every w o m a n bound by
a contract of employment.
2.
1.
As
Algeria.
for
/
)
ii
1.
As
Algeria.
1. Every woman bound by
a contract of employment.
2.
As for Guiana No. 2.
for
1. As for Algeria.
j
2. 4 weeks
after.
3. Immigrant native women
or French or foreign subjects
who are not citizens, coming
from French or other Colonies,
authorised to enter in virtue of
an engagement or contract t o
work.
3. 1 m o n t h
after.
1. W o m e n workers and
employees in industrial and
agricultural undertakings.
1. 1 m o n t h
before and 1
m o n t h after.
/'
1
2.
2. W o m e n
immigrants
employed under contract in
French agricultural, mining or
industrial undertakings.
after.
1
1 month
)
[
/
All women bound by a cont r a c t of employment.
French Somaliland
Native Labour Decree
of 22 May 1936, § § 8 , 3 3 ,
34, 40.
Native women bound by a
contract of employment.
As for
ria.
4
after.
weeks
Alge-
As for Madagascar.
French Mandates
Lebanon
Act of 17 Apr. 1935 :
employment of children
and women in industry,
§§ 17-20.
AsforAlge T
As for Algeria No. 3.
Réunion
Decree of 22 Dec. 1938
(application of Book I of
t h e Labour Code).
Cameroons
E m p l o y m e n t of W o men and Children Decree
14 Sept. 1935, §§ 10-11,
and Native L a b o u r Decree, 17 Nov. 1937, §§ 11
and 12.
1.
ria.
Women employed in agricultural, commercial and industrial undertakings.
See col. V.
As for Algeria^.
Í
\
)
As for
gascar.
Mada/
\
(
\
As for Morocco
Ì
\
i
As for Guiana No. 2. Explicitly excluded : agricultural
work and undertakings, and
commercial establishments.
1 m o n t h beUpon
refore and 30 quest absence
days after.
after confinem e n t m a y be
extended
15
days.
Dismissal d u r ing leaves (see
cols. I l l and IV)
is forbidden except if w o m a n
has
accepted
other
employment.
RQTECTION OF MATERNITY
77
(continued)
egislalion (continued)
1
I
Facilities accorded
m o t h e r s for nursing
their infants
Indemnities during abstention
from employment
(vu
(VII)
;
Other
Other
provisions
provisions
applying t o applying after
the period of
confinement
pregnancy
(VIII)
(IX)
)
1
Ì
—
2. As for
Algeria No. 3.
Ì
\
Í2. As for Guiana
N.b. 2.
¡ 3 . A crèche m u s t
be set up in all groups
31 over 4 families.
r» smaller undertakings one of t h e
iv/omen workers t o
apk. after t h e chil3. • Employer m u s t p a y wages
irlen.
s t a t u t o r y absence.
during
Í
Ì
1
1
1
\
/ 2 . As for New
Caledonia No. 3.
(
1. Employer m u s t p a y wages during
leave of 1 month before and 1 m o n t h after
conlinement.
2.
I. Employment
on
light
work
only 2 months
following t h e
required abstention from
employment.
As for New Caledonia No. 3.
f
L-
As for Madagascar.
!
H-
—
—
—
—
—
—
(
Ratifications
(X)
78
REGULATIONS RESPECTING TH
B.—Natiotu
Legislation
Scope of provisions cited
(I)
(ID
Periods before
Optional
and after
a b s t e n t i o n from
confinement
e
m
ployment
during which
employment before and after
childbirth
is prohibited
(III)
(IV)
Guarantee pf
reservation,
of -position,
(V)
Í
i
French Mandates
(contd.)
Syria
Decree No. 32 of 14
J u n e 1936 : employment
of children and women
in industry, §§ 17-19.
1
As for Lebanon.
15
after.
days
1 m o n t h before ; u p o n request absence
after
confinem e n t m a y be
extended 15
days.
1
1
1
/
GERMANY '
1. Act of 16 J u l y
1927 : employment of
women before and after
childbirth as amended b y
Act of 29 Oct. 1927.
2. Federal Insurance
Code, §§ 195n-200, as
amended by Acts of 9
J u l y 1926 and 18 May
1929, Legislative Decree
of 8 December 1931 and
Act of 28 J u n e 1935.
3. Order of 13 Febr.
1924 (§ 32) : compulsory
social relief, and Principles respecting forms and
scope of relief of 1 Aug.
1931.
4.
Hours of W o r k
Order of 30 Apr. 1938,
§ 17 (1).
For women in public
employment, see Ch. X I ,
appendix : Germany, § 6.
1. W o m e n
wage-earners
who are liable for compulsory
sickness
insurance,
except
those employed in agriculture,
forestry, stock-breeding a n d
fisheries or their subsidiaries
employing not more t h a n 3
persons, or in domestic work.
2. Insurance is compulsory
for all m a n u a l wage-earners
(including domestic servants)
salaried employees and handicraft home workers whose
annual wages do not exceed
3,600 RM.
1. 6 weeks
after.
1. 6 weeks
before.
During t h e ili
weeks' absende
and for 6 mibr
weeks if neces
sary.
\
1
)
i
{
3. Indigent women not
entitled to insurance benefit.
(
1
i
;
1
1
)
i
GREAT BRITAIN
1. Factories Act,
1937, Ch. 67, Schedule
III, Part II.
2. Public
Health
Act, 1936. Ch. 49, §§
204 and 205 (see also
§ 347 and schedule 2).
3.
National Health
Insurance Act, Ch. 32 of
1936, §§ 32 and 57-72.
For women in public
employment, see Ch. X I ,
appendix : Great Britain,
§ 6.
1. W o m e n employed in
factories, including laundries,
printing plants, etc., in London and Scotland.
2. W o m e n (as above) in
England elsewhere t h a n in
London.
3. Insurance is compulsory
for all wage-earners over 16
years of age, except those
covered by similar schemes,
casual workers and non-manual
workers earning over £250 a
year. Provision for voluntary
insurance. (Difference in benefits payable to married and
unmarried women.)
See notes al the end of the tables, pp. 110-113.
1 and 2. 4
weeks after.
—
!
t
¡
lOTECTION OF MATERNITY (continued)
79
igislation
)
Facilities accorded
no;thers for nursing
their infants
1
i
(VI)
Other
Other
provisions
provisions
applying to applying after
t h e period of
confinement
pregnancy
(IX)
(VIII)
Indemnities during abstention
from employment
(VII)
Ratifications
(X)
!
I
W o m a n not entitled to wages
her absence.
—
during
Í
1
1
/
J. Extra
break
it 1 hour or 2 breaks
ifUialf a n hour daily.
/
\
i
[
i
\
\
\
,4.
See col. IX.
i
i
\
\
Ì
2. Compulsory Sickness Insurance :
(a) Medical attendance ;
(b) fixed allowance of 10 RM. to cost of
confinement ; *
(c) before confinement :
if t h e w o m a n abstains from remunerative
employment, allowance equal to } of
basic wage for 6 weeks, or for longer if
confinement is delayed ;*
if t h e w o m a n continues her remunerative
employment, allowance equal to ì the basic
wage (minimum 0.50 RM.) for 4 weeks ;
(d) after confinement :
allowance equal t o sickness benefit (half
basic wage) a n d a t least 0.50 R.M. for 6
weeks ;
(e) nursing allowance of quarter of basic
wage (minimum 0.25 R.M.) for 12 weeks.
Conditions : 10 m o n t h s ' insurance in t h e
2 years preceding confinement and 6 months"
insurance in t h e year preceding confinement.
(Special conditions if t h e woman receives
public relief assistance.)
3. Public Belief.'
(a) medical a t t e n d a n c e ;
(b) contribution t o cost of confinement ;
(c) allowance of a t least 0.50 R.M. for
4 weeks before a n d 6 weeks after confinement ;
(d) nursing allowance of a t least 0.25
RM. for 12 weeks.
Ratification
registered
31.X.
1927
4. On request
preg n a n t wom e n m u s t be
e x e m p t from
extra work.
i
\
f
i
1
1
1
(
\
i
3. Compulsory Health Insurance :
(a) A lump s u m of £2, whether the woman
is married or not.
Condition : 42 weeks' membership of
insurance fund a n d 42 weeks' p a y m e n t of
contributions ¡
(b) A married woman who abstains from
all paid employment for 4 weeks after
confinement receives a second allowance of
£2;
(c) I n case of illness due to confinement,
ordinary sickness benefits from t h e 5th
week following confinement for maximum
of 26 weeks ; if necessary further invalidity
benefits ;
(d) Approved societies m a y g r a n t additional benefits.
2. The welfare authorities
may
m a k e provisions for t h e
care of expectant and
nursing m o thers.
4. On request nursing
mothers m u s t
be e x e m p t
from
extra
work.
80
REGULATIONS
RESPECTING
Tt
B.—Nation
Legislation
Scope of provisions cited
(I)
(II)
Periods before
Optional
and after
a b s t e n t i o n from
confinement
e
m
ployment
during which
employment before and after
childbirth
is prohibited
(III)
(IV)
Guarantee of
reservation;
of position.
(V)
i
B r i t i s h Colonies a n d
Protectorates
Brunei-Borneo
Labour Code, E n a c t m e n t No. 4 of 1932, §§
5, 74-75, 172 and 178.
Federated
Malay
States
Labour Code, No. 18
of 1923, §§ 74 and 75.
Malta
Factories Regulation
Act, No. X X I of 1926,
§ 5.
Northern Rhodesia
E m p l o y m e n t of Natives Ordinance No. 56
of 1929, § 44.
Straits Settlements
Labour
Ordinance
No. 14 of 1923, §§ 28
and 29.
Uganda
E m p l o y m e n t of W o m e n Ordinance No. 32 of
1931 as amended by No.
1 of 1936, §§ 2 and 7.
Unfederated
States
S t a t e oi
Labour
m e n t No.
§§ 74 and
1 m o n t h before
and
1
m o n t h after.
All Asiatic women wageearners except domestic servants.
Idem.
Idem.
Industrial
establishments
employing at least 10 workers,
construction works or quarries.
(Only married women eligible
for m a t e r n i t y allowance.)
Employer e n
titled to temili
nate contract ^oi
incapacity arSs
ing from prég
nancy or child
birth, providec
he pays wages tíj
to d a t e of dia
missal.
i
A n y native woman employed under written or oral cont r a c t of service.
Asiatic women wage-earners
except domestic servants.
All women
wage-earners
over 14 years of age.
As for Brunei.
See col. V I I .
See col. V I I .
Malay
Johore
Code E n a c t 10 of 1924,
75.
S t a t e oi K e d a h
Labour Code No. 2 of
1345 (1927) as amended
by No. 19 of 1351 (1933),
§§ 48-49.
Asiatic women wage-earners
except domestic servants.
Idem.
As for Brunei.
Idem.
See col. V I I .
ROTECTION OF MATERNITY
81
(conliilUed)
.egislalion (continued)
Facilities accorded
m o t h e r s for nursing
their infants
S
Indemnities during abstention
from employment
(VI)
(VII)
. Employers of more
t l i a n 50 women m a y
bte required to set up
çi'nd maintain a crédile and supply free
nhilk and rice for each
itifant therein under
supervision of controller.
The employer is required
(a) to p a y for 1 m o n t h before and 1
m o n t h after confinement a m a t e r n i t y
allowance which for t h e first confinement
shall be at t h e r a t e of 2/6 of her wages
during preceding 13 m o n t h s (or lesser period
if she has not worked as long as 6 months)
and for all subsequent confinements at the
rate of 2/11 of total wages in p a s t 11 m o n t h s
(or less) ;
(b) to provide medical a t t e n d a n c e and
support in a hospital or elsewhere.
Condition : the woman m u s t not work for
another employer.
Other
provisions
applying to
t h e period of
pregnancy
(VIII)
Other
provisions
ipplying after
confinement
(IX)
Sec col. VII.
See col. VII.
Ratifications
(X)
\
lldem.
Idem.
The employer: a married woman's employm e n t contract m u s t provide for a reasonable allowance b y t h e employer in case of
childbirth.
As for Brunei.
\ See col. V I I .
As for Brunei.
The Governor m a y make rules to restrict
or prohibit or regulate t h e employment of
women before and after childbirth.
As for Brunei.
As for Brunei.
Idem.
Idem.
C
82
REGULATIONS RESPECTING TH
B.—Nationc
Legislation
Scope of provisions cited
(I)
(ID
Periods before
Optional
and after
a b s t e n t i o n from
confinement
employment
during which
employment before a n d after
childbirth
is prohibited
(III)
(IV)
Guarantee of;
reservation,/
of position
(V)
[
British Colonies and
P r o t e c t o r a t e s (contd.)
S t a t e ol
Indian
Enactment
1927, §§ 49
i
1
Kelantan
Immigration
No. 2 of
a n d 50.
Idem.
S t a t e of P e r l i s
Labour Code Enactm e n t No. 3 of 1345 (1927),
§ § 4 8 and 49.
Idem.
GREECE
1. Act No. 2274 of
1 J u l y 1920 for t h e ratification
of t h e Convention. 1
2.
E m p l o y m e n t of
Women and Y o u n g Persons Act No. 4029, 24
J a n . - 6 Feb. 1912, and
Administrative
Order
of 14/27 August 1913.
3.
Social Insurance
Act No. 6298 of 24 Sept.
1934, §§ 26, 31 and 39,'
and Legislative Decree of
29 J u n e 1935, § 8.
For women in public
employment, see Ch. X I ,
appendix : Greece, § 6.
GUATEMALA
1. Labour Act promulgated by Decree No.
1434 of 30 Apr. 1920,
§§ 30-37.
2. Decree of 20 Feb.
1929 : rules of t h e Child
Welfare Society.
3. Decree No. 1877 :
Public H e a l t h Code, §
194.
HAITI
Labour Act of 10
August, 1934, § 17.
HUNGARY
1. Protection of Children and Women Act, No.
V of 1928, § § 8 and 20,
and Order No. 150443 of
30 Dec. 1930.
2. Compulsory Sickness Insurance Act, No.
i
—
Idem.
Idem.
_
1
(
/
-J
t
)
1. As in the 1919 Washington Convention. 1
1
>'
2. Women wage-earners in
industrial
and
commercial
establishments.
2. During stat u t o r y absence.'
2. A total
of 8 weeks, of
which a t least
•1 after.
3. In principle, insurance
is compulsory for all wageearners resident in insurance
areas except those eligible for
S t a t e pensions or engaged in
agriculture, forestry,
stock
raising or domestic service.
/
/
1
Ì
\
1. Women wage-earners in
industrial
and
commercial
undertakings (time or piece
workers).
I. 4 weeks
before and 5
weeks after.
Every w o m a n bound by
a contract of employment.
3
weeks
before (unless
medical certificate states
t h a t t h e work
is not harmful) a n d 3
weeks after.
—
1. 6 weeks
after.
1. 6 weeks
before ; where
danger of miscarriage, at any
time during pregnancy
upon
production of a
1. W o m e n wage-earners in
industrial
establishments,
construction works, t r a n s p o r t ,
etc., public or private.
2. Insurance is compulsory
for wage-earners in industrial
undertakings of all kinds, in
See notes at the end of the tables, pp. 110-113.
1. During statutory
absence
longer if ill froip
confinement. Woi
man
dismisses
during
the
í
months
precedi
ing or followin/t
confinement
ip
entitled to 9/C
d a y s ' wages (sç<
also col. V i l i ) , j
-
)
!
!
1. A woman
m a y not be dismissed during legal absence (Col
I I I and IV) unless a contrae)
of
employment
I
\
PROTECTION OF MATERNITY (continued)
83
Legislation (continued)
\ Facilities accorded
anothers for nursing
,' their infants
Í
\
(VI)
Other
Other
provisions
provisions
applying t o applying after
t h e period of
confinement
pregnancy
(IX)
(VIII)
Indemnities during abstention
from employment
(VII)
Ratifications
(X)
<
1
1.
—
Idem.
1 Idem.
i
\
1
'i Id
Idem.
Idem.
i
\
\
3. Compulsory Social Insurance :
(a) Medical attendance a n d drugs (wom a n paying 2 5 % ) or lump s u m p a y m e n t ;
(b) Maternity allowance 1/3 average
wage, for each d a y of absence from employment, 6 weeks before a n d 6 weeks after
confinement (including holidays) ;
(c) Nursing allowance 1/3 of average
daily wage 60 days after termination of (b).
Condition : 50 d a y s ' employment during
the 12 months preceding confinement.
(
\
i
\
\
i
\
Ratification
registered
19.XI.
1920.
*
i
ií
I
i I . 15
minutes'
Ibreak every 3 hours
I or ottener upon p r o , duction of a medical
certificate.
2. D u t y of t h e
Society t o set up
crèches for t h e children of working wo<. men.
I . Employer m u s t p a y 5 0 % of wages
during s t a t u t o r y absence. Medical a t t e n d ance m a y be substituted for a p a r t of t h e
payment.
3. T h e Public Health General Board
m u s t establish consultation centres, m a t e r n i t y hospitals, m o t h e r s ' advisory centres,
etc.
1. Dismissal on account of pregnancy
forbidden.
2. The So2. See col. ciety has to
IX.
deal
with
conditions of
employment
before
and
after
childbirth.
-
\
t
1
Í
Employer
absence.
: P a y m e n t of wages
during
—
—
—
" .
i
/
(
/
(
1. Two
extra
breaks totalling one
h o u r (see also col.
,IX).
2. Compulsory sickness insurance :
(a) Obstetrical attendance a n d t r e a t ment ;
(b) Pregnancy allowance ' of 60 % average
daily wage for 6 weeks, or until confinement ;
(c) Allowance for 6 weeks after confinem e n t a t t h e same r a t e as (b). In case of
1. No obviously pregn a n t woman
nor a woman
presenting a
medical certificate s t a t i n g
1. No wo- Ratification
m a n nursing
a child under registered
19.IV.
7 months m a y
be employed
1928.
at night.
84
REGULATIONS
RESPECTING
THE
B.—National
Legislation
Scope of provisions cited
(I)
(II)
HUNGARY
(conid.)
X X I of 1927, §§ 30-34,
as amended b y Orders
No. 9090 of 29 December
1931, § 9, No. 9600 of 15
Dec. 1932, No. 185660 of
22 Dec. 1932, No. 6000
of 2 J u n e 1933, § 3 , N o .
6500 of 21 J u n e 1935,
§ 16, and No. 281748 of
1938.
3. Decree No. 39084
of 1917.
For women in public
employment, see Ch. X I ,
appendix : H u n g a r y , § 6.
INDIA
Factories
Act
No.
X X V of 1934, § 33.
Bombay
1. Maternity Benefit
Act No. V I I of 1929
as amended b y Act No.
V of 1934.
2. Notification on No.
1262/34 of 14 J u n e 1938 :
Crèches.
Central Provinces
Maternity Benefit Act,
No. VI of 1930.
Delhi
"Notification No. I„.
1844 of 26 Nov. 1936
applying to Delhi P r o vince t h e provisions of
Bombay Maternity Benefit Act.
Madras
1. Maternity Benefit
Act, No. VI of 1935.
2. Rules of. 1936 under
t h e F a c t o r y Act, Ch. V,
rule I I I .
Bengal
Regulations of 1935
under the F a c t o r y Act,
§ 70.
certain establishments, administrations and offices carried
on for commercial purposes
and in domestic service (summarised).
Insurance is not
compulsory for persons earning over 3,600 pengo a year or
300 pengo a m o n t h . Wageearners in agricultural, forestry and stock-breeding undertakings are explicitly excluded.
86,
Guarantee of
reservation .
of position •'
(V)
medical certificate. In case
of
complications due to
confinement,
absence m a y be
extended b y 4
weeks
upon
production of
a medical certificate.
,
fora given periodi
or for a given,'
purpose has been!
accomplished or¡
when dismissal is^
on other legiti-j
m a t e grounds, no-t
tice having been!
given at least 8/
days before thej
beginning of thei
leave period.
Factories (as defined by t h e
Act) employing over 50 women.
1. W o m e n wage-earners employed in factories in certain
districts (the Government m a y
extend the scope of the Act to
include a n y district).
1. 4 weeks
after.
1. 4
before.
weeks
1.
Dismissal
forbidden d u r i n g
legal absence n o r
m a y notice of
dismissal expire!
during
that
period.
W o m e n wage-earners
ployed in factories.
4
after.
weeks
4 weeks before.
As for Bombay.
As for Bombay.
As
for
Bombay.
As for B o m bay.
As for Bombay.
1.
Factories.
4
after,
3 weeks before.
As for B o m b a y .
2.
Factories.
Factories.
States
Cochin
Notification No.
of 12 Apr. 1937.
Periods before
Optional
and after
a b s t e n t i o n from
confinement
e
m
ployment
during which
employment before a n d after
childbirth
is prohibited
(III)
(IV)
W o m e n working on plantations where 10 acres are cultivated or a t least 20 workers
employed.
See noies at the end of the tables, pp. 110-113.
weeks
PROTECTION OF MATERNITY
85
(continued)
Legislation (continued)
\
^Facilities accorded
m o t h e r s for nursing
their infants
\
(VI)
t
\
I
i'
[
Indemnities during abstention
from employment
(VII)
Other
Other
provisions
provisions
applying to
applying after
the period of
confinement
pregnancy
(VIII)
(IX)
illness due to confinement sickness allowance after the 6 weeks ;
(d) For 12 weeks after m a t e r n i t y allowance, nursing allowance of 60 filler a d a y or
t h e equivalent in food. At the discretion
of the funds may be raised to the a m o u n t of
t h e sickness benefit (50% of t h e wages) : in
case of multiparity proportionately raised ;
(e) A layette may be lent or given.
Condi/ions : 9 m o n t h s ' contributions during t h e 18 months before benefit period and
abstention from employment.
3. Municipal relief : right to a t t e n d a n c e
by certified midwife and obligation on m u n i cipalities to engage same.*
that
night
work is h a r m ful m a y be
employed at
night.
1. Employer m u s t pay during the legal
leave 8 annas a day in specified towns and
elsewhere the average daily wage if less
t h a n 8 annas.
Conditions : If woman has been in his
employ for 9 months before the beginning
of the m a t e r n i t y leave and abstains from
all remunerative employment.
—
—
Employer m u s t pay average daily wage
up to m a x i m u m 8 annas during legal
absence.
Conditions : As for Bombay.
—
—
Employer must pay S annas a day during
legal leave.
—
I
\
/ The
Local
Gov e r n m e n t s m a y issue
regulations requiring
t'he provision of suitable accommodation
i n factories for use as
a day nursery for
Ichildren
under
6
years.
\
t\ 2. Factories employing more t h a n
1¡P0 women
must
provide
suitable
r o o m s for children
lender 6 years.
i
—
i
I
\
1
Employer must pay 8 annas a day during
legal leave (in non-seasonal factories).
Conditions : As for B o m b a y .
Unjustified
dismissal
within
3
m o n t h s before
confinement
does not
deprive
the
woman
of
maternity
benefit.
Employer must provide an allowance and
food for seven weeks.
—
)i
\ 2. Factories
employing more t h a n
|50 women m u s t proyide a proper place
flor keeping children
u n d e r 6 years.
|
—
i As in Madras.
\
_
—
Ratifications
(X)
86
REGULATIONS RESPECTING T H E
B.—National
Legislation
Scope of provisions cited
(I)
(II)
I N D I A (conld.)
Mysore
1. Factory Regulation
No. I, 11 J a n . 1936,
§ 33 (2).
2. Maternity Benefit
Regulation, No. I l l of
4 F e b . 1937.
IRAN
Regulations concerning factories and industrial establishments of
19 Mordad 1315 (10
August 1936).
IRAQ
Labour Law, N o . 72 of
1936, § 8.
IRELAND
1. (British) Factory
Act of 1901, Ch. 22, § 6 1 .
2. National I n s u r a n ce Acts : Ch. 37 of 1913,
§14, Ch. 62 of 1918, § 1 1 ,
Ch. 10 of 1920, § 2.
1 and 2.
Periods before
Optional
and after
confinement a b s t e n t i o n from
employment
during which
e m p l o y m e n t before a n d after
is prohibited
childbirth
(III)
(IV)
2. 4 weeks
after.
Factories.
2. 4
before.
weeks
Absence allowed according to decision
of doctor.
Women
wage-earners
in
industrial establishments using
mechanical power and employing at least 5 workers, of whom
one is under 18 years of age or
11 workers irrespective of age
or irrespective of number
where work demands special
precautions.
Agricultural
undertakings excluded.
Guarantee of /
reservation '
of position '
(V)
2.
Dismissal
forbidden
3 '•
months
beforei
confinement and)
4 weeks after.
See col. IV.
('
j
1
t
<
t
W o m e n wage-earners
industrial undertakings.
in
As for Great Britain.
3
after.
weeks
4
after.
weeks
2 weeks before.
No
dismissal
during legal a b sence or taking
effect.
_
Í
Ì
As for Great Britain.
f
Í
!
)
)
ITALY
1. Legislative Decree
of 13 Nov. 1924, No.
1825 : Contract of employment of
salaried
employees, § 6.
2. Decree No. 530 of
14 Apr. 1927 approving
t h e General
Industrial
Hygiene Regulations, §§
34 and 39.
3. Legislative Decree
of 13 May 1929, No. 850 :
Welfare of women wageearners and salaried employees during pregnancy and childbirth (became law No. 1289, 2
J u l y 1929) and circular
No. 10761/361 of 24
Aug. 1937.
4. Royal Decree of
28 Aug. 1930, No. 1358
for the application of
Legislative Decree No.
850 of 1929.
1. All persons engaged in
non-manual employment.
2. Section
34
(crèches)
applies to industrial u n d e r t a k ings ; sec. 39 (carrying of
weights) applies to all undertakings.
3. W o m e n
wage-earners
and salaried employees in
industrial and commercial undertakings (excluding h o m e workers).
Upon ministerial
decision women employed in
heavy agricultural work m a y
be included. See No. 7.
4.
Idem.
See notes al the end of the tables, pp. 110-113.
1. See col. V.
1. During 3
m o n t h s ' absence.
If prolonged be- )
yond 3 months,
dismissal permitted, with com- i
pensation scaled
to length of ser- )1
vice.
I
3. 30 days
before and 30
days after ;
m a y be reduced to 3 weeks
before and 3
weeks after if
t h e n a t u r e of
t h e work and
workers'
health permit
(medical certificate required).
3. During t h e ,
s t a t u t o r y absence (60 days) ;
extended for a n other 3 months in !
case of illness due,
to following confinement.
4. 6
before.
weeks
4. See
VIII.
col.
ROTECTION OF MATERNITY (continued)
87
sgislalion (continued)
Facilities accorded
mlothers for nursing
J their infants
!
1
Indemnities during abstention
from employment
(VII)
(VI)
\
11.
Government
n i a y require as in
Madras.
2. As for Central Provinces.
Other
Other
provisions
provisions
applying t o applying after
t h e period of
confinement
pregnancy
(IX)
(VIII)
—
Ratifications
(X)
—
—
—
—
Í
\i
<
t Several times a
döiy : t o be included
irl working hours.
Provision of nursing
accommodation
in
e s t a b l i s h m e n t s employing 50 or more
w,omen over 16 years.
Employer
: full wages during absence.
The
employer m u s t
have
pregnant women
medically
examined.
1
)
Employer : full w a g e s during absence.
'N
—
)
(
)
\
\
-
i
Ì
•
1
\
1 2. Nursing accomm o d a t i o n m u s t be
[provided in undert a k i n g s employing a t
¡least 50 women aged
S15 to 50 years.
,' 3. Two extra i
) hour breaks if there
lis a room for nursing
i on t h e premises and
lof 1 hour each w i t h
r i g h t to leave p r e Smises if there is no
^'nursing accommoda\tion.
Vv 4. Nursingaccominodation compulsory
in industrial or commercial
establishm e n t s employing 50
or more women aged
\ 15 to 50 years.
)
\
2. Compulsory sickness insurance :
(a) Both married and single women : a
lump sum of £2 ;
Conditions : 42 weeks' membership and
p a y m e n t of 42 weeks' contributions.
(b) Married w o m e n : additional p a y m e n t
of £2, provided she abstains from all
remunerative work for 4 weeks after confinement ;
(c) In case of illness due to confinement,
ordinary sickness benefit from t h e 5 t h week
after confinement and for 26 weeks at most ;
if necessary further invalidity benefits.
1. The employer m u s t pay full salary
for first month's absence and half salary
for other t w o m o n t h s .
5 a n d 6 . Compulsorymalcrnily
insurance:'
(a) medical assistance (form and limits
to be defined by Maternity Insurance Committee of National Fascist I n s t i t u t e for
Social Welfare).*
(b) confinement allowance of 300 lire
(100 lire in case of miscarriage after t h e
third m o n t h of pregnancy) ; reduced t o
200 lire if t h e woman works for hire during
t h e s t a t u t o r y rest periods either before or
after confinement, and to 100 lire if she
works during b o t h periods (the reduction
does not apply to homeworkers).
Conditions: (a) to have been employed
at d a t e of conception (9 months before
normal confinement, 6 m o n t h s before premature confinement and 3 months before
a miscarriage) and a t least 15 days during
t h e 360 days preceding confinement or
miscarriage, or (b) to have been a member
of t h e insurance fund two years before
confinement.
2. No wom a n m a y be
employed t o
carry
loads
from t h e 6th
m o n t h on.
4.
Pregnancy
must
be notified ;
dismissal prohibited after
issue of pregnancy certificate
(6th
m o n t h ) (except for serious misdemeanour or a
general cessation
of
work).
Ratification
authorised.
88
REGULATIONS
RESPECTING
TH1
B.—National
Legislation
Scope of provisions cited
(I)
(II)
I T A L Y (conld.)
5. Legislative Decree
No. 654 of 22 March
1934 : maternal welfare
of women workers (became law No. 1347, 5
J u l y 1934).»
6. Legislative Decree
No. 1827 of 4 Oct. 1935 :
Social Providence (§§ 37,
42, 45, 50, 59, 78, 79)
(became law No. 1155,
6 April 1936).
7. Legislative Decree
No. 1502 of 7 Aug. 1936
extending m a t e r n i t y insurance to women employed in agriculture
(became law J a n . 14
1937, No. 305).
8. Health Act No.
636 of 1 Aug. 1907, containing E m p l o y m e n t in
Rice Fields Act. § 82.
9. Decree No. 312,
18 Feb. 1930 : employm e n t in rice fields in t h e
Province of Rome, § 14.
10. Decree No. 231G
of 24 Dec. 1934 : consolidated t e x t of m a t e r n i t y
and child welfare laws
(concerns National F o u n dation for
maternity
and child welfare created
under t h e law of 10 Dec.
1925 (§§ 6, 17 and 18).
For women in public
employment, see Ch. X I ,
appendix : Italy, § 6.
I t a l i a n Colonies
Libya
1. Decree No. 1253,
3 Apr. 1937, extending to
Libya Act. No. 653 of
1934.
2. Decree No. 1232,
12 Apr. 1937, extending
t o Libva Decrees Nos.
1827 and 1502.
JAPAN
1. F a c t o r y Act No.
46 of 1911, amended by
Act No. 33 of 1923 and
No. 21 of 1929, § 12.
2. Imperial Ordinances
No. 153 of 5 J u n e 1926,
§§ 1 6 a n d 2 7 f a ; ; No. 13
of 7 J u n e 1926, §§ 9,
9(a) and 10 (administ r a t i o n of the F a c t o r y
Act).
3.
Mining Regulations, of 1916, as amended by Ordinance No. 17
of 1926, §§ 15 and 16.
Periods before
Optional
and after
a b s t e n t i o n from
confinement
e
m
ployment
during which
employment before a n d after
childbirth
is prohibited
(III)
(IV)
Guarantee of ;
reservation (
of position i
(V)
7
5. General welfare : all
women wage-earners including
pupils of vocational training
schools r u n for profit. Except
women in : domestic service,
homeworkers, public administrations or S t a t e undertakings
(if there are schemes providing
similar benefits), teaching staff
and agriculture.
Women
agricultural workers employed
in particularly heavy work
m a y be included. (See No. 7.)
5 and 6. Scope of insurance :
women between 15 and 50
years covered by Legislative
Decree No. 654 including
homeworkers. Women earning more t h a n 800 lire a m o n t h
are exempted.
Those not compulsorily insured are admitted to volunt a r y insurance.
7. Women between 15 and
50 years engaged in an agricultural employment which is
p a r t of or depends upon the
family work of share-tenant
or a " colon " covered by
compulsory tuberculosis insurance.
8. W o m e n workers in rice
fields.
1.
As for Italy, No. Í
2.
As for Italy Nos. 6 and 7.
1. W o m e n wage-earners in
factories employing more t h a n
10 workers and factories using
power or engaged on dangerous or u n h e a l t h y work.
2. Idem.
3.
Mining u n d e r t a k i n g s .
See noles at the end of ¡he tables, pp. 110-113.
5. 1 month
before
(extension in case
of
delayed
confinement),
6 weeks after.
(Reduced to 3
weeks before
and 3 weeks
after if nature
of t h e work
and woman's
health
perm i t ; medical
certificate
required.) 1
5.
Women
wage - earners :
6 weeks before.
Salaried employees
:
3
months in all. 1
5.
Women}
wage
earners r
during legal p e riods of compulsory or v o l u n t a r y
absence with a;
m o n t h extra in,
case 1of illness./
See l.
8. 1 m o n t h
before,
1
month after.
1, 2 and 3.
4 weeks before and 6
weeks
after
confinement
(or
miscarriage occurring after 4th
month). Reduction t o 4
weeks on medical certificate or for
light work.
2. If dismissal is
notified
during
a b s e n c e /1
on account
of,
pregnancy
or
confinement (see
col. I l l ) t h e period of such a b sence cannot be
t a k e n into a c count when calculating the period of notice.
1
tOTECTION OF MATERNITY
89
(continued)
••gislalion (continued)
Facilities accorded
lolthers for nursing
•their infants
!
Indemnities during abstention
from employment
(VII)
(VI)
Other
Other
provisions
provisions
applying to applying after
the period of
confinement
pregnancy
(IX)
(VIII)
)
!f/>. (a) As for No.
aJjove for one year.
(\b) As for No. 4
bove.
E x e m p t i o n is posible if a m a t e r n i t y
•eifare centre is near
he undertaking. In
undertakings
emi t t i n g 100 or more
' « m e n aged 15 to
0J the Corporative
nspectorate may reu^i're qualified staff
o ¡be attached to the
u;rsing
room
to
>q'k after the child311 during
working
ou\rs. 1
7. Compulsory maternity
insurance:
(a) medical assistance (form and limits
to be defined by Maternity Insurance Committee of the National Fascist I n s t i t u t e for
Social Providence). May be supplemented
by assistance from t h e "Mother and Child "
organisation (see No. 10).
(b) maternity allowance of 100 lire (75 in
case of miscarriage occurring after t h e 3rd
m o n t h of pregnancy). — Conditions : for
permanent employees or women belonging
to family groups of share-tenants or "colons '
or working in rice fields :
2 years' contributions before confinement ;
for daily workers : contributions for as
much as 200 days in t h e 5 years preceding
confinement, membership in the funds
dating from 2 years before (qualifying
period reduced during transitional period).
5.
(a) As
for No. 4
(b) No preg n a n t woman
m a y carry or
lift loads 3
monthsbefore
confinement,
(also applies
to
agriculture).
\
öV
Two extra
r e a k s of a t least
a,lf an hour each.
10. Belief ' for women at childbirth and
needy or deserted mothers. Ante- and postnatal consultations, free meals to pregnant
women and nursing mothers, maintenance
of crèches and day nurseries ; m a t e r n i t y
hospitals ; canteens for mothers, etc. ;
institutions for above purposes and coordination of existing services ; hospital
care one month before and one month after
confinement for women without suitable
accommodation. •
1.
Italy
(b).
2.
y and 3.
Two
t i r a breaks of 30
lilnutes (except for
o\men working u n e^ground in mines,
>^ whom
special
iKasures m u s t be
lkien to enable t h e m
) nurse their chilren).
As for
No 5
As for Italy Nos. 6 and 7.
4. Compulsory sickness insurance :
(a) Lump sum confinement benefit of
20 yen ;
(b) Daily allowance 6 0 % of daily wage,
28 days before and 42 days after confinement
(preconfinement allowance extensible for
7 days in case of error of date) ;
(c) Medical a t t e n d a n c e m a y be granted
and confinement benefit reduced to 10 yen.
Condition : 180 days insurance during
year preceding confinement. After 90 days
insurance, confinement benefit or midwife's
service are given.
2.
The
Prefect may
order to restrict or prohibit employm e n t of a woman
immediately after
confinement
in
circumstances other
than
those
specified
in
col. I I I .
Ratifications
(X)
90
REGULATIONS RESPECTING TH
(
B.—Natior^ci
Legislation
Scope of provisions cited
(I)
(ID
J A P A N (conld.)
4. Health Insurance
Act No. 70 of 1922,
§§ 50 el seq. as amended
by Act No. 34 of 1926
and Act No. 13 of 1934.
Ordinance No. 243 of
30 J u n e 1926 (Ch. IV),
§§ 74-89.
F o r w o m e n in public
employment, see Ch. X I ,
appendix : J a p a n , § 6.
Japanese Mandate
South Sea Islands
South Seas Bureau
I n s t r u c t i o n No. 9, 13th
year of Taisho (1924),
reg. X .
LATVIA
1. Hours of W o r k
Act of 24 Mar. 1922,
§§ 12 and 16.
2. Hours of W o r k of
Railway Employees Order, 13 Sept. 1923, § 11.
3. Hours of Work of
Post Office, Telegraph
and Telephone Employees
Order, 4 Oct. 1923, § 18.
4. Sickness Insurance
Act, 10 J u l y 1930, as
amended on 2 Oct. 1930,
§§ 1, 35 and 46 to 50.
5.
Rural Districts
Sickness Insurance Act
of 5 J u n e 1928 as amended in 1933 and 1934, §§ 1
and 6.
6.
Regulations respecting public works
credits for the assistance
in case of illness of persons employed on public
works, 27 Nov. 1936, §10.
For women in public
employment, see Ch. X I ,
appendix : Latvia, § 6.
LITHUANIA
1. Act No. 429 of 11
Nov. 1933 respecting
wage-earners employed
in industry, § 37.
2. Sickness Funds Act,
No. 434 of 23 J a n . 1934
(repealing
preceding
Acts) as amended by Act
No. 514 of 14 Dec. 1935,
§ § 8 to 9 and 45 to 50.
Periods before
Optional
and after
a b s t e n t i o n from
confinement
employment
during which
employment before and after
childbirth
is prohibited
(III)
(IV)
4. Insurance is compulsory
for wage-earners (other t h a n
t e m p o r a r y wage-earners and
employees earning more t h a n
1,200 y e n a year) in industrial
establishments and mines
habitually employing at least
5 workers or covered by
Factories
or Mines Acts.
Public service excluded.
W o m e n wage-earners employed by t h e mining station
of t h e South Seas Bureau.
1. W o m e n wage-earners in
public and private undertakings (excluding agriculture,
shipping, domestic work, hospitals, teaching, t r a n s p o r t and
various administrations).
2. W o m e n employed by
t h e railways.
3. W o m e n employed in the
P o s t Office and in t h e Telegraph and Telephone services.
4. Insurance is compulsory
for all wage-earners, m a n u a l or
intellectual, employed in public administrations or by a
private
employer.
Agriculture excepted.
5. W o m e n at childbirth
residing in rural districts.
6. Unemployed
women
employed on public works for
u n e m p l o y m e n t relief.
'<
Guarantee of
reservation I
of position '
(V)
_
!
1
I
1
J
>
1
\
/
/
—
35 days after ; b u t work
m a y be resumed 21 days
after on medical advice.
¡
/
/I
i
I and 3. Dismissal is forbidden during the ^2
weeks.
i
1, 2, 3 and
6. 4 weeks
before and 8
after.
Í
|
i
1
\
1
(
6. While absent on m a t e r n i t t
leave.
/
\
I
1. W o m e n wage-earners in
factories and other industrial
undertakings assimilated to
factories.
2. Insurance is compulsory
for wage-earners employed in
a public or private u n d e r t a k ing (including municipal undertakings) or by private person.
Except persons earning over
1,000 litas a m o n t h , agricultural workers, p e r m a n e n t officials in State and local administrations and other persons
for whom equal provision is
made
by law.
Voluntary
insurance is provided for.
V.
1.
See Col.
1. For 8 conisecutive
weekfc
before and aftçi
confinement. )
'/
ÒTECTION OF MATERNITY (continued)
91
gelation (continued)
\
acuities accorded
t h e r s for nursing
t h e i r infants
I
;
(vi)
Indemnities during abstention
from employment
(VII)
Other
Other
provisions
provisions
applying to
applying after
t h e period of
confinement
pregnancy
IX)
(VIII)
Ratifications
(X)
1
I ,
{
\
1
i,
_
—
í
—
—
\
i
I find 2.
While
insing a b r e a k of
lé houror two breaks
¡half an hour in
cjh 8 hours of work,
unted
as
time
wrked.
3l
The s a m e
e a k s in a n y 6 to 10
Drxing hours
\
\\
{
i
[
4. Compulsory sickness insurance :
(a) obstetrical and medical a t t e n d a n c e ;
(b) cash benefit equal t o full wage for
4 weeks before and 8 weeks after confinem e n t (extension in case of error as t o date) ;
(c) Sickness benefit for prolonged incapacity .
Conditions : membership of 3 m o n t h s
before conflnement and abstention from
paid work ;
(d) B y a d e c i s i o n o f t h e General Assembly
an allowance i of t h e wage m a y be granted
for t h e maintenance of t h e child during
first 8 m o n t h s .
5. State and municipal funds (contributions from solvent persons).
Obstetrical a t t e n d a n c e and drugs.
6. Public
Unemployment
Itelief
Works
funds :
See 4 (b) above.
Conditions : t h e w o m a n m u s t have been
registered at Labour Exchange 3 months
before and her husband be w i t h o u t paid
work.
1
\
)
Ï
<
\
\
)
-
2. Compulsory sickness insurance :
(a) services of a midwife or doctor ;
(b) allowance of 50 litas before conflnement ;
(c) cash benefit equal to sickness allowance ( m i n i m u m : half the w a g e ; maximum:
basic wage) 2 weeks before and 6 weeks after
conflnement. If working capacity is 6 0 %
reduced, allowance 6 weeks before confln e m e n t . If woman enters a hospital or is
treated a t home b y nurse, cash benefit is
withheld.
(d) a nursing allowance not exceeding
80 % of t h e first class sickness benefit if t h e
mother nurses her child or is prevented b y
illness from so d o i n g ; m a x i m u m period
13 weeks. In case of multiparity, 5 0 %
supplement per child.
Ratification
registered
3.VI.1926.
92
REGULATIONS RESPECTING
ti
i
B.—Nation
Legislation
Scope of provisions cited
(I)
(II)
L I T H U A N I A (conld.)
3. Act No. 2057 of
1929 respecting t h e conditions of employment
of agricultura! workers.
Periods before
Optional
and after
a b s t e n t i o n from
confinement
employment
d u r i n g which before and after
employment
childbirth
is prohibited
(IV)
(III)
3. W o m e n wage-earners
employed in agriculture.
Guarantee pf
reservation
of position)
(V)
j
-
!
)
(
>
j
LUXEMBURG
1. Act of 17 Dec.
1925 : Social Insurance
Code, §§ 12 and 13 as
amended b v t h e Act of
6 Sept. 1933.
2. Grand-Ducal Order
of 30 Mar. 1932 : application of various conventions (§§ 17 and 18)
as amended bv t h e Order
of 6 J a n . 1933.
3. Act of 15 Apr.
1877 and Regulations of
14 Sep. 1877 respecting
m a t e r n a l welfare.
1. Insurance is compulsory
for wage-earners and apprentices. E x c e p t : salaried employees earning over 10,000
frs. a year, S t a t e officials and
public employees with a fixed
wage, domestic servants (but
including regular part-time
work in employer's u n d e r t a k ing), agricultural workers and
servants (but including those
employed in subsidiary industrial undertakings) and certain
t e m p o r a r y workers and a p prentices. Persons not covered b y compulsory insurance
m a y insure voluntarily, except
public employees.
2. As in t h e Washington
Convention (commercial undertakings including banks and
insurance establishments, hotels, restaurants, b a t h s , public
e n t e r t a i n m e n t , etc.).
3 . Indigent women
and
those not fully solvent.
MEXICO
(United
S t a t e s ol)
1.
Constitution of
1, 2 and 4. All persons
1917, § 123, V.
engaged in paid employment.
2. Federal
Labour
Act of 18 Aug. 1931,
§§ 79, 94 and 110.
3. Regulation of 15
3. Salaried employees of
Nov. 1937 : salaried financial institutions.
employees of
financial
institutions, § 15.
4. Regulations of 31
J u l y 1934 : work dangerous or unhealthy for
women and young persons, § 17.
5. Regulations on industrial hygiene, 9 Oct.
1934, § 50.
6. Industrial Hygiene
Regulation of 2 J u n e
1936, § 8 1 .
7. Decree of 22 J u n e
1937 creating the Departm e n t of Child Welfare.
, For women in public
employment, see Ch. X I ,
appendix : Mexico, § 6.
-
/
/
/
/
Ì
2. As in
Convention.
2.
As in
Convention.
i
i
2. As in C o n
vention
(pósi
kept open soi
m a x i m u m perioc
of 3 months), i
i
- 'l
1 and 2. 8
days
before
and
one
m o n t h after.
1 and 2. Du/-ing the s t a t u t o r y
In case absence and sick
of
incapacity leave.
/
due to sickness,
leave m u s t be
prolonged until
recovery.
3. One m o n t h
before and 45
days after.
2.
Ì
)
I
ÒTECTION OF MATERNITY (conlinued)
93
faislalion (continued)
'¿\cilities accorded
lOlhers for nursing
Ntheir infants
>.
(VII)
(VI)
Conditions : membership for a t least
6 months during t h e year preceding confinement.
If membership is shorter medical
attendance a n d cash allowances are granted
in proportion t o period of membership
according to t h e rules of t h e sickness insurance fund.
Vohinlaru insurance : Same benefits as
under compulsory insurance if member of a
fund for 12 consecutive m o n t h s before
confinement.
\
\
\
!
1
Ì
\
I
\
1
\
\
_
1
1
Í
2 \ As
na ion.
Indemnities during abstention
from employment
in
Con-
/!
\
Other
Other
provisions
provisions
applying t o applying after
t h e period of
confinement
pregnancy
(IX)
(VIII)
1. Compulsory sickness insurance :
(a) medical or obstetrical attendance or
hospital t r e a t m e n t ;
(b) Cash allowance equal t o sickness
benefit (50 % of wage) 6 weeks before confin e m e n t or longer in case of error as t o d a t e
and 6 weeks after.
Hospitalisation m a y be substituted for
allowance (if insured woman has family
responsibilities, half allowance is still paid),
or 2'3 of allowance a n d home nursing service;
(e) nursing allowance (12.5% of wages)
for 12 weeks.
Conditions : a t least 6 m o n t h s ' insurance
in year preceding confinement.
The funds m a y also :
(a) grant medical a t t e n d a n c e during pregnancy ;
(b) raise t h e nursing bonus t o half t h e
sickness benefit, i.e. to one-quarter of t h e
wage.
Ratification
registered
16.IV.1928.
3. T r e a t m e n t a t t h e Maternity Hospital
or the lying-in training school.
i
I and 2. Employer must p a y f ill wages
during period of legally required abstention
from work.
2. During sickness leave, p a y m e n t of
wages is not required unless provided for
by a contract.
3. Employer m u s t p a y salary during
maternity leave, and bonus in a m o u n t of
one month's salary.
i
\
s\. The D é p a r t e n t of Health shall
;¿ide cases in which
¿ustrial
underikjngs m u s t provide
7. The D e p a r t m e n t of Child Welfare
•eches and d a y nuriries for the children m u s t provide for establishment of antenatal
and postnatal clinics, m a t e r n i t y hospitals,
; workers.
creches, kindergartens, child welfare centres, aid in u r b a n and rural districts, etc.,
and supervise a n d co-ordinate public and
private child welfare services.
(X)
3.
Pregn a n t women
not to be employed
on
work h a r m ful to their
health.
(
U. 2 and 3. Two
iM-hour breaks daia u r i n g whole nursji period.
•C a n d 5. Underkungs
employing
r
et 50 women m u s t
oivide a room for
irtsing.
Ratifications
1 a n d 4.
P r e g n a n t women m a y not
be employed
on
heavy
work, carrying
of loads, etc.,
for 3 m o n t h s
preceding confinement.
94
REGULATIONS
RESPECTING
T
B.—Nalioi
Legislation
Scope of provisions cited
(I)
(ID
Periods before
Optional
and after
a b s t e n t i o n from
confinement
employment
during which
employment before a n d after
childbirth
is prohibited
(HI)
(IV)
Guarantee [oí
reservatio]«
of position
(V)
•'•
-
/
-
!
NICARAGUA
NETHERLANDS
1. Labour Act
of
1919, consolidated t e x t
promulgated by t h e Order of 17 Sept. 1930,
§§ 11 and 67.
2. Order of 8 Sept.
1936 : hours of work in
factories and workshops,
§53.
3. Sickness Insurance
Act of 5 J u n e 1913 as
last amended (in this
connection) by Act of
29 Dec. 1934, §§ 23, 26,
3 1 , 37, 53 (text promulgated 28 J a n . 1935).
4. Poor Relief Act
of 27 Apr. 1912, § 33.
For women in public
employment, see Ch. X I ,
appendix : Netherlands,
§ 6.
Dutch East Indies
1. Coolies Ordinance
1931-1936, §§ 1, 5, 15
and 2 1 .
2. Regulations of 17
Dec. 1925 : employment
of women a t night, § 2
(3).
NEW ZEALAND
1. Factories Act No.
42 of 1921-1922, § 24.
2. National P r o v i d e n t
F u n d Act of 1926, sees.
19-21 and 43-47
as
amended b y
Finance
Act No. 5 of 1931, § 15.
For women in public
employment, see Ch. X I ,
appendix : New Zealand,
§ 6.
1. W o m e n wage-earners in
undertakings of all kinds,
public and private, except
agriculture, horticulture, for e s t r y or stockbreeding b u t
including workshops for processing or for sale or distribution of their products ; including, inter alia, hospitals and
offices of liberal professions
and of societies.
2. W o m e n employed in
factories a n d workshops.
3. Insurance is compulsory
for all wage-earners whose
annual wage does not exceed
3,000 florins. E x c e p t railway employees, those covered
by similar schemes, and persons principally engaged in
household work or in t h e
personal service of t h e employer.
Maternity benefit and relief
are granted to 1 married women
(see col. VII).
4. Indigent women.
1. 8 weeks,
of which a t
least 6 after.
1. All native or
alien
Oriental women, not of aboriginal population of t h e P r o vince in which t h e y are employed, engaged under cont r a c t of employment (guaranteed by penal sanction) to work
in agricultural or industrial
undertakings of a t least average size in the Outer Provinces.
1. 30 days
before and 40
days
after
confinement
or
miscarriage.
1. W o m e n employed in
factories.
2. Voluntary insurance for
persons from 16 to 50 years of
age with a n income of less t h a n
£300. Maternity benefits t o
married women only.
1. 4 weeks
after.
See notes at the end of the tables, pp. 110-113.
1.
The
8
weeks' absence
m a y be begun
2 weeks earlier.
1.
The t o
tract may not.
broken before! i
termination. /
lOTECTION OF MATERNITY
95
(continued)
Í
ïgislalion (continued)
Facilities accorded
n ^ t h e r s for nursing
, their infants
)
,'
(VI)
)
!
\
Indemnities during abstention
from employment
(VII)
Other
Other
provisions
Ratificaprovisions
applying to
tions
applying after
the period of
confinement
pregnancy
(VIII)
(IX)
(X)
_
Ratification
registered
12.IV.1934.
i'
\ 1.
jr'ealcs.
Adequate
1
J
i
X
\
(
1
v -
3. Compulsory sickness insurance :
(a) obstetrical attendance ;
(b) daily benefits equal to wages 6 weeks
before and a t least 6 weeks after confinement
and as long as incapacitated up to m a x i m u m
of 26 weeks.
Conditions :
(a) to be married and not separated, or
have become a widow within 300 days ;
(b) benefits may be refused if pregnancy
has occurred before joining t h e fund or if
confinement 1takes place within 6 m o n t h s
after joining.
4. Municipalities
shall provide free
assistance for indigent women a t childbirth.'
2. Women
in an a d v a n ced s t a t e of
pregnancy
may not be
employed on
herring skewering after
10 p.m.
1. The date
Bill for
of
confine- ratification
m e n t of a submitted
married wo- b u t withm a n m u s t be
drawn
entered in her after t h e
employment
passing of
book before t h e Insurshe resumes ance Act
work.
of 1929.
<
s
si !
I.
\
\i
1. The employer assumes the same obligations as for sickness ; medical t r e a t m e n t ,
care and medicines, food for the patient and,
if she is treated in hospital, food for her
dependants.
2. Optional insurance :
L u m p sum benefit of £4.
Conditions : 52weeks'contributions before
confinement (or less at t h e discretion of the
fund) ; income limit (together with husband)
£270 during t h e 12 m o n t h s preceding confinement. Benefit m a y be withheld if
through negligence or other avoidable cause
t h e woman does not receive proper care at
childbirth and for 3 weeks after.
Public relief: Where joint income does not
exceed £5 a week (or £6 a week if there are
more t h a n 2 children u n d e r 16 years) women
m a y receive a n t e n a t a l medical assistance,
t h e midwife's or doctor"s services, and two
weeks' t r e a t m e n t in hospital a t a special
charge up to a m a x i m u m of £5. 4s. according to ability to pay. Free hospital care
is possible.
—
2.
Women in an advanced s t a t e
of pregnancy
m a y not be
employed at
night.
96
REGULATIONS RESPECTING TB
ì
B.—Nation
Legislation
Scope of provisions cited
Periods before
Optional
and after
confinement a b s t e n t i o n from
employment
during which
employment before and after
is prohibited
childbirth
_ . (HI)
(IV)
Guarantee ¿f
reservatio^
of position)
f
(V) _ ]
NORWAY
1. All women working in
establishments
where
employees perform work or m e chanical power above 1 horsepower
is
used.
Except
maritime navigation, fishing,
air navigation ; horticulture,
agriculture, stock-raising, forestry and allied industries
a n d public administrative d e partments.
2. Insurance is compulsory
for all persons over 15 years
of age in public or private
employment whose income
together with t h a t of h u s b a n d
is less t h a n 6,000 Kr. a year
(including
household
employees and daily workers,
even if not receiving cash
wages, and apprentices).
3. P r e g n a n t w o m e n of Norwegian nationality not covered
by insurance or, if covered,
unable to provide for their
own maintenance, unmarried,
widows, or separated from
their h u s b a n d s on a c c o u n t of
t h e latter's misconduct.
1. 6 weeks
1.
(a)
6
weeks before ;
(b)
after
compulsory
absence
an
extra 6 weeks'
leave m a y be
granted in case
of illness due to
pregnancy
or
confinement.
1. (a)
pi:
missal
dufrin
s t a t u t o r y absei
ce forbidden [
employer is ,lw
tified of the i*£¡
son of absence ¡:
(b) If notée
of dismissal ' :
such as t o t a k
effect during t h
legal
absenjci
t h e period of p(
tice is e x t e n d e
by t h e said ¡p(
riod.
r
W o m e n wage-earners in industrial and commercial undertakings and in all professions,
including employees in public
administration.
8
weeks
preceding
and
following
(sic).
8 weeks before
and
8
weeks
after,
prolonged
for
2 m o n t h s in
case of ilness
During
period of abse
mentioned
col. IV.
1. W o m e n wage-earners in
1.
E m p l o y m e n t of
W o m e n a n d Children Act, a n y kind of
employment
23 Nov. 1918, §§ 14 to except domestic service a n d
18, 20, 21 and 29, and agricultural work where no
Regulations under t h e mechanical power is used.
above Act, 25 J u n e 1921.
2. W o m e n wage-earners in
2. Order of 17 Apr. agricultural u n d e r t a k i n g s .
1925 fixing time limits
for t h e establishment of
d a y nurseries in agricult u r a l undertakings employing women.
1. 20 days
before and 40
days after.
1. W o r k e r s
Protection A c t of 17 J u n e 1936
replacing t h e Acts of 18
Sept. 1915, 11 J u l y
1919 a n d 29 May 1925
(except § 18), §§ 1 and
2 5 ( 1 , 2 , 3 and 4).
1. (a) Workers P r o tection Act of 1915, § 18.
2. Sickness I n s u r a n c e
Act No. 18 of 6 J u n e 1930
replacing t h e 1915 Acts
and t h e amending Acts,
§§ 1, 13, 17, 18 (2), (3),
(4) and (13) and 27 (3)
and (5).
3. Child Welfare Act
No. 2 of 10 Apr. 1915,
§§ 1 t o 6 and 8.
For women in public
e m p l o y m e n t , see Ch. X I ,
appendix : Norway, § 6.
after.
PANAMA
Maternity Protection
Act No. 23 of 29 Oct.
1930.
PERU
1. If a w o m a
is dismissed diiu
ing t h e 3 mon,tr
preceding and t l
3 m o n t h s follow
ing confinemer
she is entitled t
90 d a y s ' wage
(in addition (t
t h e compensatilo
stipulated in tjh
contract).
ROTECTION
OF MATERNITY
97
(continued)
egislalion (continued)
rôacilities accorded
nipthers for nursing
their infants
I
(VI)
Indemnities during abstention
from employment
(VII)
Other
Other
provisions
Ratificaprovisions
applying to
tions
applying after
t h e period of
confinement
pregnancy
(IX)
(X)
(VIII)
Two
daily
l'l.
oAeaks of ha f an
l o u r each.
1. Assistance from the Public Funds
1. (aJ P o (which is not to be considered as " Poor wers to issue
Relief ") in case of need during absence
regulations
from work due to m a t e r n i t y .
prohibiting
2. Compulsory sickness insurance :
employment
of p r e g n a n t
(a) obstetrical a t t e n d a n c e ;
in
(b) m a t e r n i t y benefits equal to t h e women
sickness benefits (0.80 to 4 Kr. according u n h e a l t h y or
to wage) payable for the working days 2 heavy work.
weeks before and 6 weeks after confinement.
In case of hospital t r e a t m e n t (maximum
8 weeks) only family allowances in proportion to number of dependants (25 to 75 %
of t h e above benefits) ;
(c) lump sum of 30 Kr. for insured women
in class 0 not entitled to m a t e r n i t y benefits.
Conditions : 10 m o n t h s ' membership before
confinement (membership m a y be interrupted for not more t h a n 6 weeks in all, no
interruption having occurred during t h e
first 2 months).
3. Assistance
from municipal
funds :
(a) allowance of 45-110 Kr. for m a i n t e nance 6 weeks before confinement ;
(b) allowance 35-100 Kr. for t h e first
m o n t h after confinement to enable t h e
mother to keep and nurse the child, and
30-85 Kr. for the second and third months ;
(c) during periods mentioned under (a)
and (b) woman m a y be placed in a m a t e r n i t y
hospital where light services m a y be required. Municipalities m a y exact a contribution toward her expenses from persons
(proved or presumed father) who are responsible for mother assistance under Act
No. 3 of 1915 concerning children born out
of wedlock.
\ 15 minutes every
/ hours without reduction of wages.
Aay nurseries for
i n k e r s ' children
i f d e r 1 year in poor
Itistricts in P a n a m a
(od Colon and in
tjher towns if necesaVy.
The employer m u s t pay 50 % of the wages
during the 16 weeks' absence mentioned in
col. IV.
\ I . 1 hour a day
ç) be distributed as
,1ae woman wishes.
n> undertakings emiloying 25 or more
rennen over IS years
i clay nursery m u s t
»e provided for childen up to one year.
\2. In agricultural
undertakings
emiloying 25 women or
1. The employer : 6 0 % of t h e wages
during the 60 days' absence. The employer
m a y cover himself by insuring in accordance
with the Accident Insurance Act.
Conditions : to abstain from all paid
employment.
3 . Compulsory sichness-malernily
insurance :
(a) medical and pharmaceutical assistance and hospital t r e a t m e n t ;
Dismissal
on
account
of pregnancy
forbidden.
See col. V.
See col. V.
Ratification
recommended.
7
98
REGULATIONS
RESPECTING
TH
B.—Nalionfi
Legislation
Scope of provisions cited
(I)
(ID
P E R U (contd.)
3. Compulsory Sickness Insurance Act No.
8433 of 12 Aug. 1936,
§§ 34-38, amended by
Act No. 8509 of 23 Feb.
1937.
For women in public
employment, see Ch. X I ,
appendix : Peru, § 6.
POLAND
1.
E m p l o y m e n t of
W o m e n and Y o u n g Persons Act, 2 J u l y 1924,
§ § 1 5 and 16, and Administrative Order of 17
Nov. 1924.
2. Order of 11 March
1927 : day nurseries in
industrial establishments.
3.
Social Insurance
Act of 28 March 1933,
§§ 105-107,212-213,311,
as amended by t h e Order
of 24 Oct. 1934.
4. Decree of 24 Oct.
1933 respecting the organisation of medical assist a n c e for agricultural
workers (in virtue of
§ 212, par. 10 of t h e Act
of 28 March 1933).
5. Order of 3 Oct.
1935 : employments prohibited to young persons
and women.
For women in public
employment, see Ch. X I ,
appendix : Poland, § 6.
PORTUGAL
1. Hours of Work
Regulations No. 8244
of 8 J u l y 1922, § 32.
2.
E m p l o y m e n t of
W o m e n and Young Persons Decree No. 14498,
29 Oct. 1927, § 15-21.'
Periods before
Optional
and after
a b s t e n t i o n from
confinement
e
m
ployment
during which
employment before a n d after
childbirth
is prohibited
(IV)
(HI)
Guarantee o(
reservation/
of position!
i
(V)
(
3. Insurance is compulsory,
for wage-earners 14-60 years
earning not more t h a n 3,000
gold soles a year (including
homeworkers, apprentices and
persons engaged in domestic
work in industrial and commercial establishments) except salaried employees in
commerce, public officials and
domestic servants.
Voluntara insurance is open
to independent workers under
40 years earning not more
t h a n 3,000 gold soles a year
and to domestic servants
(pending coverage by compulsory insurance).
1. 6 weeks
1. W o m e n wage-earners in
industrial, mining and com- after.
mercial undertakings, t r a n s p o r t and
communications,
whether public or private.
2. As in No. 1.
3. Insurance is compulsory
for wage-earners whose m o n t h ly income does not exceed
725 zloty (including h o m e workers) except, inter
alia,
civil servants,
agricultural
workers, domestic servants,
and casual workers.
3 and 4. Assistance b y
employer to agricultural
workers ; domestic servants in
agriculture if their contract
does not provide otherwise :
except casual workers and
those earning 50 gr. a d a y or
less and not depending principally on their wage. Provisional exclusion of members
of employer's
family
not
working under contract and
working in enterprises of less
t h a n 30 hectares in central
and eastern districts.
1. 6 weeks
before on production of a
certificate.
1. W o m e n employed
in
commercial and industrial establishments.
2 and 3. W o m e n employed
in industrial establishments.
1. 6 weeks
before.
See notes at the end of the tables, pp. 110-113.
1 and 2.
4 weeks after.
1.
Dismissal
prohibited during
t h e 12 vveetaf
s t a t u t o r y rest.
ROTECTION OF MATERNITY
99
(continued)
,çgislation (continued)
I
Facilities accorded
m o1 t h e r s for nursing
their infants
Indemnities during abstention
from employment
(VI)
(VII)
rtiore over 17 years,
d ay nursery m u s t be
pjrovided during the
pJeriod of work in t h e
fields.
(b) l u m p sum equal to 50 % average
daily wages 36 days before and 36 days
after confinement on abstention from paid
work ;
(c) in cases of incapacity after t h e 36
days following confinement : sickness
benefit (50 % of the wages for 26 weeks, or
52 weeks if necessary, and medical a t t e n dance) ;
(d) for 8 months after confinement :
nursing allowance 25 % of wages either in
cash or in milk vouchers.
Conditions : 4 weeks' contributions during
t h e 90 days preceding confinement ; compliance with medical instructions.
Insured women entitled to maternity
benefit not entitled to 6 0 % of wages mentioned in 1 above.
Voluntar!/ insurance : Employer m u s t pay
his share toward insurance of voluntarily
insured domestic employees.
T
}
)
• 1. Two
breaks
of half an hour each
"reckoned in working
Ihours.
I 1 and 2. A day
n u r s e r y m u s t be prov i d e d in establishm e n t s employing
over
1\00 women. 1
1, 2 and 3. Two
e x t r a breaks of half
an hour each during
working hours.
Other
Other
provisions
Ratificaprovisions
applying to applying after
tions
t h e period of
confinement
pregnancy
(IX)
(X)
(VIII)
3. Compulsory health insurance :
(a) medical attendance before, during
and after confinement :
(b) allowance 5 0 % of wages for 8 weeks,
6 of t h e m after confinement, or hospitalisation.
Condition : abstention from employment.
(c) nursing benefit, one litre of milk a
day or cash equivalent, for 12 weeks after
m a t e r n i t y allowance ceases.
Condition for (b) and (c) : at least 4
m o n t h s ' insurance during t h e 12 months
preceding confinement.
(d) after 8 weeks, sickness benefit is paid
in case of incapacity for work.
3 and 4. The employer m u s t pay :
(a) confinement expenses ;
(b) 9 0 % of cost of medical attendance
and of medicines ;
(c) an allowance equal to 5 0 % of t h e
wages (payment in kind and supplement in
cash if t h e former is less t h a n 5 0 % of the
full wages) for 8 weeks, 6 of which after
confinement.
Condition : temporary workers must have
worked 26 consecutive days for the same
employer.
1. Up to 6
days'
extra
rest a month
during
pregnancy.
5.
Pregn a n t women
not to be
employed : —
in the use of
X-rays ; on
presses ; p u n ching
machines ; m e chanical tools
and
metalcutters worked by
the
foot without
any mechanical action ;
in carrying
loads on an
inclined surface.
After
the
sixth
month
of
1. The employer must pay the full wages
during the 12 weeks' s t a t u t o r y absence.
2 and 3.
Medical
supervision.
Prohibition
of certain
forms
of
strenuous
pregnancy :
in carrying
any loads or
in
working
automatic
winders
in
the
textile
industry.
2 and 3.
All
night
work prohibited during
nursing
period ; nursing
mothers are
100
REGULATIONS RESPECTING THT
B.—Naliona,
Legislation
Scope of provisions cited
(I)
(II)
P O R T U G A L (contd.)
3 . Administrative Decree No. 14535, 31 Oct.
1927, u n d e r Decree No.
14498, § § 8 , 9 and 11 to
15.'
4. Act No. 1884, 16
Mar. 1935 : corporative
social insurance institutions, and Administrative
Decree No. 25935, 12
Oct. 1935.
5. Decree No. 25936
of 1935 : family welfare.
For women in public
employment, see Ch. X I ,
appendix : Portugal, § 6.
4. Insurance is compulsory
for all wage-earners aged 14
to 50 years employed in undertakings under collective agreement.
P o r t u g u e s e Colonies
Native Labour Code,
approved by Decree No.
16199, 6 Dec. 1928,
§§ 286-287.
All native women
under c o n t r a c t of
ment.
Periods before
Optional
and after
confinement abstention from
employment
during which
employment before and after
is prohibited
childbirth
(III)
(IV)
Guarantee of I
reservation /
of posiiton ,'
(V)
1
\
i
)
Ì
engaged
employ-
1
!
/
'
i
30 days
before and 30
days after.
i
t
RUMANIA
1.
Employment of
W o m e n and Y o u n g Persons Act of 9 Apr. 1928,
§§ 27-33, and Administrative
Regulations,
30 J a n . 1929.
2. Act of 7 Apr. 1 9 3 3 :
unification of social insurance, §§ 14 and 15
and Administrative Regulations. 1
For women in public
employment, see Ch. X I ,
appendix : Rumania, § 6.
1. Women wage-earners in
industrial and commercial undertakings of all kinds.
2. Insurance is compulsory
for wage-earners in industrial
or commercial undertakings,
public or private, whose m o n t h ly wages do not exceed 6,000
lei, including apprentices and
members of t h e employer's
family, even if unpaid, homeworkers whatever their earnings, and domestic servants.
SALVADOR
Protection of Commercial Employees Act, 31
May 1927, § 5, and Adnistrative
Regulations,
4 Nov. 1927, §§ 5 and 6.
Women wage-earners in
commercial
establishments ;
all persons working for a fixed
wage.
SPAIN
1. E m p l o y m e n t
of
W o m e n and Children Act,
13 Mar. 1900, § 9, as
amended by Act of 8
J a n . 1907, by Decree of
21 Aug. 1923 and by
Royal Order of 18 J u n e
1925.
2.
Maternity I n s u r ance Decree of 22 Mar.
1929 and Administrative
Regulations of 29 J a n u a ry 1930 and of 26 May
1931.
1. The Decree of 21 August
1923 applies t o " all women
wage-earners ".
2. Insurance is compulsory
for women.workers and salaried
employees over 16 and under
50 years of age employed in
undertakings of all kinds, including public services (homeworkers included) to whom t h e
system of compulsory workers'
pensions applies, i.e. whose
See noies at the end of the tables, pp. 110-113.
1. 6 weeks
after.
1. A maxim u m of 6 weeks
before. In case
of incapacity,
t h e post-confinement
leave
may be prolonged by 6 weeks..
1.
Dismissal!
prohibited
during legal leave oJr
a t a date sucKi
t h a t period off
notice
woul^l
expire
during
such leave.
Sek
also col. V I I I . \
\
i
—
1. 6 weeks
after.
1
After
one
year's service,
3 m o n t h s ' leave, 2 before
and 1 after.
1. 6 weeks
belore (extended in case of
error).
1
During legall
absence employer/
m a y only engage)
a temporary sub-i
stitute.
/
1...
1. During the\
entire period of)
compulsory and!,
optional rest ;/
extended up toi
a total of 20»
weeks in case o£
illness due
to
confinement.
koTECTioN OF MATERNITY (continued)
'
101
legislation (continued)
Í
Facilities accorded
ryiothers for nursing
their infants
Indemnities during abstention
from employment
(VI)
(VII)
1 2. Establishments
eimp oying 50 or more
yyomen m u s t provide
a] d a y nursery and
s¡maller
establishm e n t s m u s t provide
nursing
accommodation.
4. Compulsonj
membership
of
trade
union insurance funds set up under collective
agreements : medical attendance.
5. Creation of a national foundation for
t h e welfare of family, including assistance to
p r e g n a n t women and a t confinement.
|
Other
Other
provisions
provisions
applying to applying after
the period of
confinement
pregnancy
(IX)
(VIII)
Ratifications
(X)
t
\
\
¡
I
work.
Suspension
of
work
on
medical order.
Undertakings
employing
400 or more
women
to
provide m a t e r n i t y hospital.
Welfare
measures for
expectant or
nursing mothers to entail
no reduction
in wage.
by preference
to be given
work which
can be performed seated.
Medical
supervision
of mother and
child.
During first
6 m o n t h s of
nursing employment on
light
work,
in shelter or
near home.
\ Day nurseries in
u n d e r t a k i n g s where
¿here are over 20
V o r k e r s ' children u n iier 7 years.
{
1
/ 1. Two extra half
feour breaks during
w o r k i n g hours.* Est a b l i s h m e n t s employi n g 50 or more woJnen over 18 years
nnust provide a day
«lursery.
2. Compulsory siclmess insurance :
(a) medical attendance and drugs ;
(b) if woman abstains from work, allowance equal to sickness benefit (full wages
for first 7 days, t h e n 50 % of wages) for 12
weeks (at least 6 after confinement) or
hospitalisation with 5 0 % of allowance if the
woman has dependants ;
Sickness allowance in case of illness due
to pregnancy or confinement.
(c) nursing benefit for 6 weeks after
confinement allowances cease.
Condiiion : 26 weeks' contributions during
the 12 months preceding confinement .
1. The doctor m a y ask
for a reduction in hours
or change in
conditions! of
employment
during pregnancy.
The
employer m a y
not cancel
contract
on
account
of
pregnancy.
/ Daily breaks (dur a t i o n not fixed).
Employer m u s t pay half the wages during
3 m o n t h s ' absence.
Condition : one year's service.
—
'1
Í 1. 1 hour's extra
b r e a k divided into
tjwo periods.
\
2. Compulsory maternity
insurance:1
(a) services of a midwife or of doctor
and drugs ;
(b) allowance in proportion to period of
contributions paid and of interruption of
employment within s t a t u t o r y limits (15
pesetas per quarter of contributions paid
during t h e 3 years preceding the,first week's
absence) ;
(c) nursing benefit 5 pesetas per week
per child, m a x i m u m of 10 weeks ;
(d) free services of m a t e r n i t y welfare
institutions ;
Ratification
registered
13.VI.1921
—
—
Ratifica- >
tion
registered
4.VII.1923.
\
102
REGULATIONS RESPECTING TH
B.—Naiiorii
Legislation
Scope of provisions cited
(I)
(II)
S P A I N (corúa.)
For women in public
employment, see Ch. X I ,
appendix : Spain, § 6.
annual wages are less t h a n
4,000 pesetas, domestic serv a n t s excluded.
Periods before
Optional
and after
confinement abstention from
during which
employment
employment before a n d after
is prohibited
(III)
(IV)
1
!
Guarantee of!
reservation f
of position .
(V)
1
1
(
i
1
(
1
'/
)
SWEDEN
1. W o r k e r s ' Protection Act, 12 J u n e 1931,
replacing t h e law of 29
J u n e 1912 and other
earlier laws, §§ 10,' 17
and 18.
2. Royal Order of 26
J u n e 1931, No. 280 respecting recognised sickness insurance
funds,
amended by Royal Order No. 337 of 11 J u n e
1937, §§ 32, 34 (1).
3. A. Maternity Benefits Order, No. 338, 11
J u n e 1937.
B.
Maternity Relief
Order, No. 339, 11 J u n e
1937.
For women in public
employment, see Ch. X I ,
appendix : Sweden, § 6.
SWITZERLAND
1.
Federal Factories
Act of 18 J u n e 1914,
§ 69, and Administrative
Order of 3 Oct. 1919,
H 185 and 186.
2. Order of 9 Oct.
1936 : work outside of
factories in t h e watchmaking industry, § 36.
i
1
1. W o m e n employed in
mines, metal industries, factories, crafts, building and
t r a n s p o r t (except delivery of
goods and t r a n s p o r t by hand).
2. W o m e n members of a
recognised sickness insurance
fund.
1. 6 weeks
after
unless
the woman is
permitted b y
medical certificate
to
resume work
earlier.
1. 2 weeks
before on production of m e dical certificate or 6 weeks if
s t a t e of pregnancy requires
abandonment
of work a t t h a t
time.
(
/
;
\
i
)
Ì
3. Swedish women, or na• tionals of foreign countries
with which there is a reciprocity t r e a t y :
A. Whose income is less
t h a n 3,000 Kr. (joint income in
t h e case of married women) or
those with a higher income
whose need is established on
other grounds.
B. Those in need of relief
as a result of pregnancy or
confinement.
1. Women employed in
industrial undertakings considered as factories, i.e. employing a t least 11 adult workers or 6 workers, one of whom is
under 18 years of age, or e m ploying a t least 6 workers and
using mechanical power or,
irrespective of t h e number of
workers, undertakings which
3.
Federal Sickness are dangerous or are obviously
Insurance Act of 13 factories (embroidery workshops if 3 h a n d or 2 a u t o m a t i c
J u n e 1911, § 14.
4. Act of 6 Mar. machines are used).
1920 : hours of work on
2. Watch-making industry :
railways and in other
(a) small
establishments
services connected with (all workshops not covered b y
t r a n s p o r t and communi- the Act of 18 J u n e 1914) ;
cations, §§ 8 and 15.
(b) family establishments.
5. The Swiss Civil
3. The Act lays down
Code of 1912 in so far as general principles to be applied
it concerns public relief. b y cantonal legislation.
4. W o m e n employed b y
t h e Federal railways, t h e
_
1 a n d 2.
6 weeks after
(even in case
of miscarriage
at 6 months).
1 and 2. E x tension u p to 8
weeks
after
confinement a t
t h e woman's r e quest.
Before
confinement,
right to quit
work
without
notice.
1 and 2. D i i
missal prohibited
during s t a t u t o r y
absence or on Jt
date such thral
the period of njotice would expire
during such a b sence.
/
)
4. 6 weeks
after.
Ì
ROTECTION
OF M A T E R N I T Y
103
(continued)
,egislalion (continued)
t
/Facilities accorded
inothers for nursing
' their infants
Indemnities during abstention
from employment
(VI
(VII)
Other
Other
provisions
provisions
applying to
applying after
t h e period of
confinement
pregnancy
(IX)
(VIII)
(e) additional allowances in kind in case
of surgical operation or of illness due to
confinement or child's illness within 6
months after birth ; in cash in case of
multiparity and in case of incapacity for
work after normal s t a t u t o r y period of a b sence (maximum : allowance for normal
absence).
Conciliions for (h), (c) and (e) : membership 18 months before conlinement ;
p a y m e n t of contributions during employm e n t periods ; medical examination a t least
2 m o n t h s before confinement. ,
1. The necessary
t¿1
i m e m u s t be g r a n t e d .
Ì
V
2.
Voluntar;/
siclmcss
insurance
:
The Central Sickness F u n d m u s t g r a n t t o
women who have been members of a recognised State aided fund, for 270 days preceding confinement :
(a) lump sum maternity benefit of 110 Kr.
(possibility of larger p a y m e n t ) ;
(b) an advance of 60 Kr. from the maternity benefit is payable under certain conditions ;
(c) in case of hospital t r e a t m e n t costs
deducted from t h e benefit.
3. Rrliaf from Stale funds given :
A. through recognised sickness funds ;
(a) lump sum m a t e r n i t y benefitof75 Kr. ;
(b) an advance of 40 Kr. from the maternity benefit is payable under certain conditions ;
(c) in case of hospital t r e a t m e n t costs
deducted from the benefit ;
B. through t h e Child Welfare Council
and on t h e decision of m o t h e r s ' assistance
committees, in most suitable form, to t h e
total value of not more t h a n 300 Kr. (may be
given in whole or in p a r t in the form of a
loan without interest).
3. Siclmess insurance funds must account
confinementanillness in respect of a member
of a fund for a t least 9 months before confinement without a break of more t h a n
3 months.
Minimum benefits :
(a) medical a t t e n d a n c e and drugs ;
(b) daily allowance of a t least 1 fr. for
6 weeks following confinement;
(c) a lump sum nursing benefit of at least
20 frs. during the 4 weeks following t h e
above period of benefit.
4. The undertakings
m u s t pay wages
during s t a t u t o r y absence.
5. Relief : Care at confinement as provided for indigent persons.
The
1.
employer must
keep up t o
date a list of
women who
are confined.
Ratifications
(X)
104
REGULATIONS RESPECTING TH;1
B.—Naliona
Legislation
Scope of provisions cited
(I)
(ID
SWITZERLAND
(conld,)
For women in public
employment, see Ch. X I ,
appendix : Switzerland,
§6.
C a n t o n of S o l o t h u r n
Maternity relief.
TURKEY
1. Public Health Act
No. 1593, 24 Apr. 1930,
§§ 155 and 177.
2. Labour Code, 8
J u n e 1936, § § 2 5 , 40(d),
51, 61, 100, 107.
Periods before
Optional
and after
a b s t e n t i o n from
confinement
e
m
ployment
during which
employment before and after
childbirth
is prohibited
(HI)
(IV)
\
Guarantee of 1
reservation ,
of position j
(V)
f
(
/
P.T.T. services a n d S t a t e
licensed undertakings connected with t r a n s p o r t and communications.
5. Indigent w o m e n .
I
Ì
Women whose family income
does not exceed 3,000 frs. a
year.
—
1. Women wage-earners in
factories and workshops (public or private).
2. Women wage-earners on
manual or both m a n u a l and
intellectual work in industrial
undertakings employing a t
least 10 workers (classification
as in the Washington Convention). Excluding agriculture,
shipping, aviation, homework
performed by members of
the same family, and public
administration.
1. 3 weeks
before and 3
weeks
after
(except
on
medical certificate s t a t ing t h a t work
in question is
not injurious
to t h e woman's health).
2. 3 weeks
before and 3
weeks after.
—
-
\
!
/
/
!
2. Leave m a y
be
extended
to 6 weeks before
and
6
weeks
after
(in whole 12
weeks).
2.
Period oíf
notice of cán-j
cellation of cornt r a c t by employer
can only begin ore
t h e d a y on which!
t h e s t a t u t o r y ab-!
sence before and/
after confinemené
expires.
\
\
)
i
U N I O N OF S O U T H
AFRICA
Factories Act No. 28
of 1918, § 18.
For women in public
employment, see Ch. X I ,
appendix : Union of
South Africa, § 6.
U N I T E D S T A T E S OF
AMERICA
Connecticut
Session L a w s , 1913,
Ch. 112.
Massachusetts
Session Laws, 1911,
Ch. 228.
)
Women employed in industrial establishments using m e chanical power, and in a n y
other industrial establishment,
laundries and
dye
works
employing 3 or more persons
on full time.
4 weeks before and 8
weeks after.
Women employed in :
Factories, mercantile establishments and workshops.
4
weeks
before,
4
weeks after.
Manufacturing, mechanical
or mercantile establishments.
2 weeks before, 4 weeks
after.
-
Í
Ì
Missouri
Session Laws,
p . 442.
1919,
Industrial and mercantile
establishments, t r a n s p o r t undertakings, restaurants, theatres and other places of amusem e n t and public institutions
in towns of at least 3,000
population.
3 weeks before, 3 weeks
after.
N e w York
Session Laws
Ch. 331.
1912,
Factories a n d
establishments.
4
after.
mercantile
—
weeks
.
!
i
_
—
/
/
\
ROTECTION OF MATERNITY (cOtlUnUed)
105
#
ègislalion (continued)
)
Facilities accorded
mjothers for nursing
, their infants
)
Ì
Indemnities during abstention
from employment
(VII)
(VI)
Other
Other
provisions
Ratificaprovisions
tions
applying to applying after
the period of confinement
pregnancy
(X)
(IX)
(VIII)
\
)
\
Right to free maternity assistance.
-
—
—
Í
v
l. Two breaks of
îalf an hour each
l i y during 6 months.
K.
Breaks for
iiirsing'are included
nj the statutory
vdfrking day, with>uit. deduction of pay.
Ssitablishments which
riustlprovide crèches
imd requirements to
wTiich such crèches
must conform are to
2. The employer must pay 50% of the
wages during the statutory absence.
Conditions : 3 months' employment in
the same^establishment during the 6 months
preceding confinement. (Employer will
be released from this obligation upon the
introduction of workers' insurance which
is to take place the year after the Labour
Code comes into force.)
1""""\
1. No arduous work
during
the
last 3 months.
2.
Work
which is prohibited
or
regulated in
respect
of
pregnant women or nursing mothers
and the period during
which such
prohibition
or regulation
shall apply is
to be fixed
by decree.
V
A
i
\
r1:
{
i?e/i>/ from Siale fund : allowance of not
more than 20s. a week for not more than
12 weeks if woman is wholly dependent on
her wages for livelihood and if father of the
child is unable to provide equal sum. A
father able but unwilling may be made by
court order to make a suitable contribution.
—
—
—
—
*-
106
REGULATIONS RESPECTING TH
'
B.—Nalioiht
Periods before
Optional
and after
confinement a b s t e n t i o n from
employment
during which
employment before a n d . after
is prohibited
childbirth
(III)
(IV)
Legislation
Scope of provisions cited
(I)
(ID
UNITED S T A T E S OF
A M E R I C A (contd.)
Vermont
Session Laws 1912,
Act 85.
Manufacturing, mechanical
and mercantile establishments.
2 weeks before, 4 weeks
after.
1. Laundries
and
drycleaning establishments.
2. Manufacturing or other
mercantile
establishments
(sic).
1. 4 months
before,
6
weeks after.
2. 2 months
before,
6
weeks after.
Washington
1. Industrial
Welfare Committee Orders
No. 25 of 14 Dec. 1921.
2. Ibid. No. 30 of
20 March 1922.
For women in public
employment, see Ch. X I ,
appendix : U.S.A., § 6.
Philippines
Session Laws 1923,
Act 3071.
URUGUAY'
Act of 6 April 1934 :
Minors' Code, §§ 24, 33,
37 and 4 1 .
For women in public
employment, see Ch. X I ,
appendix : Uruguay, § 6.
(
Guarantee off
reservation!
of position(V)
|
1
(
/
—
(
Í
)
}
I
/
Women
bourers.
employed
Women salaried
and workers.
as
la-
employees
During abs£i
ce.
(
30 days before, 30 days
after.
1
month
before.
/
;
{
On an average 1 m o n t h
after.
During s t a t i
tory absence M
longer in caseii
(,
()
U.S.S.R.
1. Labour Code of
1922 as completed by
texts mentioned below
§§ 12, 47.7, 92, 119, 131
(as amended bv Order of
27 May 1929), 132, 134
and 176-183.
2.
Maternity Relief
Order, 27 J u n e 1936,
§§ 5 t o 10, amended by
Order of 10 May 1937.
3. Order of 8 F e b .
1926 : domestic servants,
§24.
4. Order of 8 Aug.
1922 : dismissal of pregn a n t women.
5. Order No. 33, 28
J a n . 1932 : insurance
benefits for temporary
incapacity, § § 3 and 22
t o 27. Maternity Allowances Regulations, 17
Apr. 1932 and 5 Nov.
1933, as amended by
Order of 29 J u n e 1936
read in connection with
Maternity Relief Order. 1
6. S t a n d a r d
Rules,
for collective farms, of
1935, § 14.
6 (a).
Order of 1937
concerning tractor drivers.
f
1, 2 and 4. All women
wage-earners or salaried employees.
1 and 2. 56
days before and
56 days after.'
5. All women workers and
salaried employees belonging
t o t h e Socialist Sections and
t o all classes of private sections.
1. During s
t u t o r y absen i
extended for t/
months* extra'
case of incai i;
city due to c(
:
finement.
3.
Abo
provision
d( ;
not
apply /
domestic
a
vants.
4.
Dismis
of a pregna ]
woman only p
m i t t e d in exc/
tional cases a
with approval
t h e labour il ri
pectorate.
(Ï
also cols. VT
and I X ) .
>
j
Ì
6. W o m e n working in collective farms.
See notes at the end of Ihe tables, pp. 110-113.
6. 1 m o n t h
before
and
1 m o n t h after.
POTECTION
OF M A T E R N I T Y
107
(continued)
egislalion (continued)
/
i
iiacilities accorded
iijothers for nursing
/ their infants
Indemnities during abstention
from employment
(VI)
(VII)
\
-
Ratifications
(X)
Employer must pay wages during absence
(see col. III).
( The Code provides
fior the creation of
ctay nurseries, cant e e n s and hostels for
n lothers with young
cfliildren.
Until the maternity relief fund provided
for in the Code is set up, the employer m u s t
pay 5 0 % of wages during 2 m o n t h s '
absence.
1 and 2. An extra
Äjalf-hour break every
"H hours to be paid at
lie r a t e of t h e woan's average wages.
6. Establishment
crèches and day
urseries in collective
¡arms.
11. See 1 above.
/ 12.
Compulsory
jprovision of crèches
ifn industrial undertakings
employing
vf'omen.
.J 13 to 16. Measures
or the development
if crèches and d a y
flurseries ; contributpons towards estab l i s h m e n t and u p kieep compulsory for
u n d e r t a k i n g s of all
kinds.
/ Use of such insurance and establishm e n t funds as are
allocated to social
improvements
in
creating new crèches
and day nurseries is
t o be supervised by
t r a d e unions. Space
lor crèches and day
Health Services of the People's
Health
Commissariats of the Federated Republics :
(a) Free care a t confinement.
1 and 5. Compulsory
non-coniribulortj
social insurance :
(b) Allowance for temporary incapacity,
in principle equal t o wages, for 56 days
before confinement, (extended to t h e actual
date in case of delayed confinement) and for
56 days after.
Condition : in private sections and seasonal
work, 6 m o n t h s ' continuous e m p l o y m e n t
before ceasing work. If this period has not
been worked, women engaged on t e m p o r a r y
work and on building receive t h e allowance
for a maximum of 75 days unless this period
is extended by the Work Committee.
Supplementary allowances : g r a n t of
45 roubles for layette and nursing allowance
10 roubles a m o n t h for 9 months
Condition : annual wages not to exceed
300 roubles and employment in the same
undertaking for a certain period (shock
brigade 4 months, member of trade unions
8 m o n t h s and non-members 12 months).
6. Women in collective farms receive
half the average a m o u n t paid per working
day during 1 month before and 1 month
after confinement.
{
Other
Other
provisions
provisions
applying to
applying after
the period of
confinement
pregnancy
(IX)
(VIII)
The Child
RatifiWelfare Coun- cation recil must orgagistered
nise
relief 6.VI.1933.
and
protection for working mothers.
1
Pregn a n t women
not to be employed :
(a)
on
overtim'
at
(b).
be
night
tween 10 p.m.
and 6 a.m.
after the 6th
month ;
(c) outside
their
usual
locality after
the
fifth
month.
2. At their
request pregn a n t women
may be t r a n s ferred to easier work at regular salary.
6 and 6a.
P r e g n a n t women to be
employed on
the lighter
sorts
of
work
(no
tractor driving for
2
months
be-
1.
Nursing mothers
m a y not be
employed :
(a)
on
overtime ;
(b)
at
night
between 10 p.m.
and 6 a.m.
during
the
first
six
months ;
(c)
on
compulsory
labour service
(this
prohibition is extended up to
8 years if the
child is entirely
depend e n t on t h e
mother).
6. No work
on
tractors
for 2 m o n t h s
after confinement.
7 and 8.
Nursing m o thers
may
n o t be employed :
108
REGULATIONS RESPECTING TH
B.—Naliorit
Legislation
Scope of provisions cited
(I)
(II)
U.S.S.R.
(conti.)
7. Order of 22 May
1924 : Hygiene regulations on the scouring of
wool, § 2.
8. Order of 10 Apr.
1932 : u n h e a l t h y work
prohibited for w o m e n .
9. Order of 5 Oct.
1936, respecting refusal
to hire pregnant women.
10. Order of 20 F e b .
1922 : reduction of stall,
and Administrative Order, 16 J u l y 1925.
11. Decision of t h e
Wages Section of t h e
Central Council of Trade
Unions, 5 J u n e 1934.
12. Order No. 21309
of 29 J a n . 1926 : construction and up-keep of
industrial establishments,
§79.
13. Order of 18 Dec.
1930 : e m p l o y m e n t of
women in industry, in
S t a t e services and in
co-operative societies.
14. Orders of 6 J u l y
1935, Nos. 309 and 310 :
crèches and day nurseries.
15. Order of 19 Apr.
1936 : funds for improvem e n t of workers" living
conditions.
16. Orders of 8 Sept.
1936 and 23 Mar. 1937 :
functions of t r a d e u n i o n s
in the administration of
social insurance.
VENEZUELA
Labour Act of 15 J u l y
1936, §§ 75-80.
Periods before
Optional
and after
confinement a b s t e n t i o n from
employment
during which
employment before a n d after
is prohibited
childbirth
(III)
(IV)
13.
fied.
I
\
1\
\
\
'
')
\
i
All women wage-earn-
Undertakings
('
,
1
9. P r e g n a n t women employed in undertakings of all
kinds.
10. U n a t t a c h e d
women
employed in undertakings of
all kinds.
12. Industrial
ments.
(V)
('
7. Wool-washing
works
where the washing is done by
hand and with cold water.
11.
ers.
,i
Guarantee oï
reservation >
of position j
>
)
establish-
\
\
)
1
speci-
J
1
1
14.
All undertakings.
J
15.
Idem.
./
\
{
i
—
j
/
*
i'
I(
Women
wage-earners
in
establishments of all kinds
(industrial, mining, commercial, agricultural and stock
breeding), public or private.
6
weeks
before
and
6 weeks after.
Until
establishment
of
social insurance
(see col. V I I )
leave indicated
in col. I l l is
optional.
,)
During
tttn
s t a t u t o r y abs&i
ce ; extended ilt
case of incapacity
due t o conlinfe
ment.
,•
1
1/i
YUGOSLAVIA
1. Workers' P r o t e c tion Act of 28 F e b . 1922,
§§ 22-29.
1. W o m e n wage-earners in
industrial undertakings a n d
crafts, commerce, mines, t r a n s port, public or private, perm a n e n t or temporary, main or
branch establishments
and
works of a similar kind a t t a c h ed t o agricultural or forestry
undertakings. Persons holding
higher posts are excluded
(managers, book-keepers, engineers, etc.).
See notes at the end of the tables, pp. 110-113.
1. 2 m o n ths before and
2 m o n t h s after.
—
1. P o s t kfépl
open during stat u t o r y absence ;
extended t o ' 1
year after confinement in case
of illness.
t'OTECTION
OF MATERNITY
109
(conlinued)
•aislaiion (continued)
riacilities accorded
ncHhers for nursing
¡ tlieir infants
1
(VI)
Indemnities during abstention
from employment
(VII)
ijrseries to be allowl \ i n construction of
remises.
Special
d v a n t a g e s in t h e
s« of crèches for t h e
fiiUdren of certain
atjfcgories of workrsl in particular for
l o s e of unattached
Amen.
Parents'
hare in cost of u p -
fore confinement).
7 and 8.
P r e g n a n t wom e n m a y not
be employed :
(a) in fulling, dampening or rinsing
wool (textile
industry) ;
(b) in felling trees or
work connected therewith
or
floating
logs ;
(c) in setting up electric cables.
9. Ollence
t o refuse t o
hire a pregn a n t woman
or t o reduce
her wage.
efep.
Allowance sufficient for maintenance of
wo half
hour
iks a day during mother and child m u s t be paid under t h e
rffsi mg period with- social insurance scheme t o be instituted
reduction
of according to §§ 127-131 of t h e Act.
;es.
Establishatee
e s
employing
idSnt
vier 30 women m u s t
rjivide crèches for
ltldren under 1 year.
1 . Ca> 30 minutes
/elry 4 or 5 hours ;*
(lb) where there is
cirèche in underlkjng, 15 minutes
fëry 4 or 5 hours ;
(t) Day nursery
pproved by labour
ispectorate compul]ry in industrial
ndertakings
with
lore t h a n 100 work's 25 of whom have
Other
Other
provisions
Ratificaprovisions
applying t o
tions
t h e period of applying after
confinement
pregnancy
(X)
(VIII)
(IX)
1. Right to insurance benefits for the
4 m o n t h s ' s t a t u t o r y absence and during
illness due to confinement.
3. Compulsory workers' insurance * :
(a) Medical and obstetrical attendance ;
(b) Maternity allowance J of the basic
wage for 6 weeks before and 6 weeks after
confinement (longer in case of error) if
woman abstains from remunerative work ;
(c) L a y e t t e allowance of 150 dinars per
child ;
as in col.
V I I I (a) and
(b).
10.
Dismissal
unattached women
with
children under 1 year
only in exceptional
cases
and
with t h e consent of the
labour
inspectorate.
Pregnant
women
not
t o be employed on work
liable to cause
miscarriage
or to be injurious
to
health.
Ratification
registered
1.IV.1927.
110
REGULATIONS
RESPECTING
TH
B.—Nationt
Legislation
Scope of provisions cited
(I)
(ID
YUGOSLAVIA
(conld.)
2. Industrial Act of
2. Regularly
employed
5 Nov. 1931, § 236.
women, salaried employees
(even in higher positions) in
agriculture, forestry, mining
and metallurgical u n d e r t a k ings, transport, educational
establishments, public entert a i n m e n t s , lawyers, notaries
a n d other offices, medical
establishments and t h e like,
3. Workers'
Insur- b u t not those employed as
ance Act of 14 May 1922, " workers " as opposed to
§§ 45-51, as amended by salaried employees.
t h e Act of 5 December
3. Insurance is compulsory
1931 and by Order No. for all wage-earners, manual
31625 of 13 Sept. 1935 and intellectual, under conof t h e Central Workers' t r a c t of employment, includInsurance I n s t i t u t e .
ing homeworkers.
Except :
4. Regulations of 16 persons employed in public
May 1930 : sphere of offices and undertakings and
action of t h e Maternity in State t r a n s p o r t services
and 1Child Welfare Insti- when covered by
another
tute.
insurance scheme, provisionalFor women in public ly, agricultural workers, agriemployment, see Ch. X I , cultural domestic servants,
appendix : Yugoslavia, and temporary domestic employees.'
§ 6.
Periods before
Optional
and after
a b s t e n t i o n from
confinement
employment
during which
employment before and after
is prohibited
childbirth
(III)
(IV)
Guarantee o(f
reservation,'
of position
(V)
2. No dism/s
sal for incapaoit;
due to pregnane;
or confinement."
If employer die
nounces the con
t r a c t during tih
6 weeks befcor
or 6 weeks afte
confinement, tin
contract c a n n o
expire until j I
weeks after con
finement.
/
Argentine
Republic.
1
A fine of from 50 to 1,000 pesos is imposed for non-observance of these provisions and
is paid directly to t h e woman in respect of whom t h e fine is imposed.
* Fines imposed for non-observance of Act No. 11933 are paid into t h e Maternity F u n d .
* Women whose daily earning is less t h a n 2.60 pesos or monthly earning less t h a n 65
pesos are exempt from paying insurance contributions, employer having to p a y double
contribution (Act. No. 12339, 29 December 1936, amending Act No. 11933).
« Province of Sanla-Fé.
A Decree of 23 F e b . 1938 puts t h e National Maternity Insurance
Act No. 11933 into force in this Province.
Belgium.
1
The scope of this Act includes t h a t of t h e Act on t h e 8-Hour Day and therefore covers
new categories of establishments since t h e extension of t h e latter Act.
British
Columbia.
1
Act t o come into force b y proclamation on t h e coming into force of similar laws in t h e
other provinces (designed to give effect t o t h e I.L.O. Convention on childbirth).
* The application of this Act has been postponed indefinitely.
China.
1
In 1936 a Bill on compulsory accident, sickness and m a t e r n i t y insurance was drafted,
which provided medical attendance a t confinement and a daily allowance for 8 weeks.
In the same year draft regulations were prepared providing for the establishment of crèches,
and nurseries in factories.
• In addition, t h e municipal authorities in several industrial towns (Shanghai, Hongchow,
Tsingtoo, etc.) have set up crèches and nurseries specially for the children of women who
go out to work.
Colombia.
1
If a woman is dismissed during pregnancy or during 3 months after confinement w i t h o u t
legitimate reasons recognised by law and approval of factory inspector, she is entitled to a n
indemnity of 90 days' wages without prejudice to a n y indemnities due to her b y law or
c o n t r a c t of employment.
Cu 6a.
1
The following are obliged to contribute t o the m a t e r n i t y insurance fund : Employers,
wage-earners (of both sexes) and the State—men m a y enter their wives as recipients of
m a t e r n i t y allowances. Fines for non-observance of t h e legislative provisions concerning
t h e employment of women before and after childbirth are paid into the Sickness Insurance
F u n d . I t is t o be noted t h a t t h e m i n i m u m daily m a t e r n i t y allowance—1.25 pesos—is
higher t h a n the s t a t u t o r y minimum wage, fixed by Decree No. 727 a t 1 peso a day.
f
IÍOTECTION OF MATERNITY
111
(concluded)
ógislalion (concluded)
FTacilities accorded
mothers for nursing
,' their infants
Indemnities during abstention
from employment
I
(
(VII)
(VI)
fbung children who
vquld otherwise be
j n c a r e d for, unless a
public day nursery
?:fists in neighbourhood where workers'
;hjildren m a y be kept
itv employer's expen¡e:
Other
Other
provisions
provisions
applying to applying after
the period of
confinement
pregnancy
(IX)
(VIII)
(d) Nursing allowance (half basic wage,
m a x i m u m 4 dinars a day) for 12 weeks after
m a t e r n i t y allowance ceases.
Conditions : for (a) : 90 d a y s ' consecutive
membership a t the date of confinement
or 6 m o n t h s ' membership in a n y one year
before the last date of joining t h e Insurance
I n s t i t u t i o n ; for (b), (c) and (d) ; 10 m o n t h s '
membership during t h e year preceding
confinement or 18 m o n t h s ' membership
during the 2 last years.
At the discretion of t h e Central Institute
m a t e r n i t y allowance m a y equal basic wage
and be extended up t o 12 weeks after
confinement.
4. The Maternity and Child Welfare
Institute m u s t provide assistance
for
women and children in m a t t e r s of health
and ante-natal consultation centres.
Estonia.
1
An Act of 20 Apr. 1938 on employment in commercial establishments and offices
provides for women employees the right to a m a t e r n i t y leave of 2 weeks before and 4 weeks
after childbirth with full wage to be paid by employer if t h e woman has been in his employ
for at least 6 m o n t h s .
France.
1
A Decree of 14 J u n e 1938 amending t h e Decree of 28 Oct. 1935 on social insurance in
commerce and industry raises t h e two wage limits for compulsory insurance (21,000 and
25,000 francs) t o 30,000 francs and the m a x i m u m daily sickness and maternity benefits
from 22 to 25 francs.
• A Decree of 15 J u n e 1938 amending t h e Decree of 30 Oct. 1935 on social insurance in
agriculture provides m a t e r n i t y benefits for agricultural workers equal to those fixed for
wage-earners in commerce and industry and reduces t h e number of monthly contributions
required.
• A service of home visiting for pregnant women and infants is provided, in particular, by
the Seine Departmental Maternity and Child Welfare Office (80 welfare vistors) and by visitors
connected with insurance funds and family allowances funds.
* Various collective agreements which have been given the force of law contain provisions relating to maternity. See, for example, Order of 6 Sept. 1937 concerning Paris
theatrical artists (payment, by t h e Directors, of 25 frs. a d a y during m a t e r n i t y leave,
prohibition of dismissal on account of pregnancy) ; Order of 9 Nov. 1937 concerning employees
of drapers' shops, one-price stores and similar stores in Paris (payment supplementing
social insurance benefits, in such sums as to provide employees 75 °/o of their usual wage,
during m a t e r n i t y leave) ; Order of 26 Nov. 1937 concerning theatrical artists of France
(artists earning less t h a n 1,800 frs. a month to be paid their salary during confinement leave ;
if pregnancy is evident at t h e beginning of the season the contract m a y be cancelled without
indemnity).
French West
1
Africa.
§ 10 prescribes penalties (fine Or imprisonment) for the head of the family or other
persons responsible for a contravention. In the case of Dakar and its dependencies a Decree
No. 4822 of 13 March 1937, prohibits use by pregnant women of agricultural or other implements and machinery t h e use of which m a y be dangerous for t h e m or m a y overtax their
strength, for example, ploughs, decorticators, etc. In Dahomey Order No. 191 of 2 Febr. 1938
prohibits t h e employment of women during t h e last two months of pregnancy in
operation of farm machinery and of other machinery which is dangerous or requires activity
taxing their strength. Similar provisions in French Sudan (Order of 28 Aug. 1937) and In
Ivory Coast (Order of 27 Sept. 1937).
Ratifications
(X)
112
THE LAW AND WOMEN'S WORK
Germany.
1
Since 21 October 1935 Germany has not been a Member of the International Labour
Organisation.
2
Certain collective agreements provide t h a t the employer shall pay supplementary
m a t e r n i t y allowances. For example : t h e collective agreement of 1 April 1937 in the brick
industry in Saxony ; women stopping work for 4 weeks before confinement are to receive
t h e difference between their wages and t h e confinement allowance furnished b y insurance.
Collective agreement of 4 November 1937 applying t o t h e cigar manufacturing industry
throughout t h e Empire ; after a year of work in this industry, women receive a confinement
benefit of 25 Marks.
s
In 1934 the Maternal and Child Welfare Service was established. It provides medical
advice for mothers and nursing infants, crèches and d a y nurseries, assists women confined
a t home, notably by providing household service for 4 weeks before and 4 weeks after
confinement, and gives relief in cash and in kind.
Greece.
1
The Act reproduces the wording of t h e Convention and provides t h a t it shall be incorporated
in Greek legislation a t a later stage.
1
P u t into force partially for Athens and Piraeus on 1 Dec. 1937 and for Salonika on
1 J a n . 1938.
Hungary.
1
The pregnancy allowance has been fixed a t 7 2 % oí average daily wage for women in
t h e lowest wage categories and at 50 % for domestic workers.
* The S t a t e delegates p a r t of t h e m a t e r n i t y and infant welfare work t o t h e National
Federation Stephanies which receive S t a t e subsidies (ante-natal consultations, home visiting,
relief in cash and in kind).
India.
1
In t h e United Provinces a Maternity Benefit Act No. IV of 2 Aug. 1938 contains provisions similar t o those of t h e Bombay Maternity Benefit Act.
Italy.
1
Legislative Decree No. 654 of 22 March 1934 comes into force upon the date of publication of regulations for its application. Up t o d a t e only the provisions of t h e Maternity
Insurance Decree have come into force in virtue of Legislative Decree No. 1827 of 4 October
1935.
' Various inter-corporative collective contracts provide for maternity allowance (obstetrical attendance, bonus on birth of a child, etc.) in addition to the establishment of mutual
sickness funds.
* This assistance is provided through 17 m a t e r n i t y centres t h e expenses of which in 1936
amounted to 180,000 lire ; in the course of the last 10 years these centres have helped
70,000 women.
Netherlands.
1
A woman who is pregnant when joining the fund m a y be exempted, at her request,
from being insured during the period of pregnancy.
' This includes the maintenance of one or more midwives in each municipality to provide
attendance during childbirth free of charge and of district nurses in the towns. In the
larger municipalities consultation centres for pregnant women are established. E x a m i n a tion of newborn babies is assured by t h e visitors of the Union of t h e Cross (Kruezvereenigingen) or failing these by district nurses.
Poland.
1
In J a n u a r y 1936 there were 32 crèches and 97 m a t e r n i t y centres which h a d cared for
4,757 children of women employed in 35 State and 86 private undertakings. There have
also been set up a large number of State and municipal crèches, and m a t e r n i t y centres
have also been set up for the use of women workers in establishments employing fewer
t h a n 100 women.
Portugal.
1
Decrees Nos. 14498 and 14535 were repealed in principle by Legislative Decree
No. 24402 of 24 August 1934 respecting hours of work. The Office is informed, however,
t h a t until a new law is passed to regulate the employment of women and children as a whole,
the provisions of the said Decrees which have been p u t into effect and have not yet been
replaced by new legislative texts continue to be applied in practice.
Rumania.
1
An Act of 14 Dec. 1938 amending the social insurance system raises t h e limit of insured
m o n t h l y remuneration from 6,000 to 8,000 lei and changes t h e conditions under which
m a t e r n i t y benefit is granted.
* A Royal Decree No. 3803 of 12 Nov. 1937 on Maternity and Infant Protection provides
in § 37 for wage-earning mothers three nursing breaks a day of one hour each ( y2 hour if a
crèche or nursing room exists in the establishment or in its proximity).
Spain.
*
»By a Decree of 8 October 1936 t h e Catalonian Government exempted women wageearners from paying contributions, m a k i n g the employer liable for them.
MATERNITY PROTECTION
113
Uruguay.
1
A Bill on maternity insurance has been introduced in Parliament in 1037.
U.S.S.R.
1
An Order of 28 Dec. 1938 t o " strengthen labour discipline " amends the social insurance
legislation by reducing the length of maternity leave and the benefit period to 35 days
before and 28 days after confinement and by raising the period of continuous employment
giving right to benefit from 6 to 7 months.
Yugoslavia.
1
By a Circular of 193G, the Minister of Social Policy recommended the competent authorities to instruct factory inspectors to see that § 3 (d) of the Washington Convention is applied
(two breaks of half an hour each day to be allowed) for nursing. |
* The Statutes of 31 Dec. 1937 on social insurance in mines provide for maternity allowances
similar to those provided by the workers' insurance.
a
Uninsured women are to a certain extent entitled to State relief both through the
general medical relief services for the poor and through the special institutions for maternity and child welfare, 10 in number, set up in connection with the hygiene centres
whose headquarters are in the capital of each banovine.
CHAPTER IV
HOURS OF WORK
A.—GENERAL CONSIDERATIONS
The regulation of hours of work, one of the most important
subjects of labour legislation, is of particular importance to
women workers, because when they have left the factory or
shop at the end of a day's work, often with a long way to go
before reaching home, most of them find other work waiting for
them at home—household work, even for single women, and
often the work of the mother of a family as well. Burdened
with this double or triple task, the woman worker cannot
escape premature exhaustion ; and, despite all efforts, it is only
with great difficulty that she can meet her domestic responsibilities. In her own interest and in that of the family of which
she is the centre, in the interest of the children she brings up and
of the nation, to which her health is vital, a limit must be set
to the only part of her work which the public authorities can
control, namely her work in paid employment.
On account of these manifold duties, and the harmful consequences of the overstrain involved, legislatures have sought
to spare women the fatigue of an over-long working day. For
many years now—since the middle of the last century, in the
countries earliest industrialised—the law has placed such
limits on the working day of women as seemed reasonable at
the time, before any such regulation could be applied to the
employment of male workers.
In Great Britain, the first scene of the industrial revolution,
as early as 1844 a Factory Act indirectly restricted the hours of
work of women by fixing the hours between which they might
be employed and the breaks to be given in the course of the
working day. This first Act, although based on the considerations mentioned above, nevertheless authorised an actual
working period of 12 hours for the first five days of the week
HOURS OF WORK
115
and 9 hours on Saturday, on which day women had to cease
work at 4.30 p.m. Later, changes in the Factory Acts progressively reduced women's hours of work and gradually extended
the scope of hours regulations to fresh classes of factories and
workshops, until the new Factories Act of 1937 established a
normal maximum of 48 hours a week for women's work in all
industrial undertakings, except in the cases in which overtime
is specifically allowed by the Act.
In Germany an Act of 1891, supplementing the Industrial
Code, fixed the maximum hours of work for women at 11 in the
day and 10 on Saturday. These limits were reduced in 1908
to 10 hours on the first five days of the week and 8 hours on
Saturday. Then, under an Act of 1918, amended by one of
1934, the hours of workers of both sexes were made uniform—at
least as regards the basic provision, for with regard to overtime,
daily breaks and the weekly rest, more far-reaching legal protection is still given to women than to men.
In France, legislation has hesitated between the systems
of general and of special regulation. The provisional Government of 1848, brought into power by a revolutionary movement, passed an Act limiting hours of work for all workers in
large-scale industry to 12 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
60 in the week and 11 in the day for girls from sixteen to eighteen
years of age and 11 in the day for six days (i.e. 66 hours a week)
for those over eighteen 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
(10 hours a day), that for girls from sixteen to eighteen (60 hours
a week), that for women over eighteen (11 hours a day and
66 hours a week), and that for men (12 hours a day). The Act
of 30 March 1900, while further improving the protection of
women, simplified the general situation by reducing the
maximum hours of work for women of any age to that already
adopted for children, namely 10 in the day. This change was
carried out in two stages over a period of four years. A further
change was made by the Act of 4 March 1913, restricting to 10 in
116
THE LAW AND WOMEN'S WORK
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 laying down the
principle of the limitation of hours of work to 8 in the day or 48
in the week for all workers in industrial and commercial undertakings, irrespective of sex and age, and by the Act of 1936 the
weekly limit was reduced to 40 hours.
As an example of the same development in a different part
of the world, reference may be made to the legislation of
Argentina with respect to hours of work. In that country
the hours of work of women in industrial and commercial
undertakings were limited to 8 in the day by the Act of 30
September 1924, then by the Act of 12 September 1929 the
hours of both sexes were fixed at the same daily maximum or at
48 hours a week.
Legislative development has taken a similar course in many
other countries, and the regulation of hours of work, which
was accepted in the first place for women and young persons
on account of the particularly strong humanitarian arguments in
its favour, proved to be the first step towards the application of
protection to all workers.
B.—INTERNATIONAL
REGULATION
In the international field, there has been a movement away
from special and towards general regulation as a means of
dealing with the hours of work problem, and this has had an
important influence on national systems of legislation.
One of the labour conferences before the creation of the
International Labour Organisation—that held at Berne in
1913—was devoted to a preliminary study of a draft international Convention for fixing the daily hours of work of women
and children. On the eve of the war this preliminary study
had so far advanced that it was hoped that a Convention on the
subject would be signed at the diplomatic conference to be
held at Berne in August 1914. But by that time the war had
interrupted all international negotiations. On the close of
hostilities, the position with regard to legislative restriction of
hours of work had so developed that the time was considered
ripe for general regulation in the interest of workers of both
sexes. On this principle of sex equality were based the
Washington Convention (No. 1) limiting the hours of work in
HOURS OF WORK
117
industry to 8 in the day and 48 in the week, adopted in
1919, and the international Convention (No. 30) concerning
the regulation of hours of work in commerce and offices,
adopted in 1930. 1 On the same principle of equality are also
based the international Conventions to reduce hours of work to
40 in the week, t h a t is, the general Convention of 1935 and the
Draft Conventions applicable to various industries, already
adopted or in preparation.
C—NATIONAL
LEGISLATION
§ 1.—Limitation of Statutory H o u r s of Work
Whatever the statutory maximum adopted—whether the
48-hour week, which is almost universal to-day, or a longer
or shorter period—national regulations on hours of work in
their present form (as indicated in the analysis appended to
this chapter) nearly all apply to workers of both sexes. Special
regulations on this point belong to a stage of history which is
now, for the most part, left behind—first, through the developm e n t of labour legislation, stimulated by the international
Conventions ; and secondly, because t h e gradual reduction of
hours, even when only the effect of custom, has almost completely
removed the reasons for a shorter working day for women. I t
m a y be added t h a t the difficulties encountered in applying
different statutory limits for different groups of workers in a
single workshop also contributed to the assimilation of legislative
regulations and the suppression of distinctions based on sex.
Labour legislation applying identically to adults of both
sexes is not summarised in this report, in view of the criterion
on which the whole composition of the report is based ; most
hours of work regulations, therefore, do not figure in the legislative summaries to be found below.
1
The Hours of Work (Industry) Convention, 1919 (No. 1), had been
ratified on 1 January 1939 by 23 States ; 19 of these had ratified without
reservation (Argentina, Belgium, Bulgaria, Canada, Chile, Colombia,
Cuba, Czecho-Slovakia, Dominican Republic, Greece, India, Lithuania,
Luxemburg, New Zealand, Nicaragua, Portugal, Rumania, Spain and
Uruguay), and the 4 others (Austria, France, Italy and Latvia) conditionally. The Hours of Work (Commerce and Offices) Convention, 1930
(No. 30), had been ratified by 10 States, 9 without reservation (Bulgaria,
Chile, Cuba, Finland, Mexico, New Zealand, Nicaragua, Spain and
Uruguay) and one (Austria) conditionally. Further, in several countries
the ratification of one or other of these Conventions has been recommended
to the competent national authority.
118
THE LAW AND WOMEN'S WORK
In certain respects, however, special regulations for women
continue to play a part, limited but still considerable.
First of all, there are still a few countries in which the
legislative limitation of hours is resorted to only in respect to
women's work. The United Stales is a special case ; there, for
constitutional reasons, the States have, with few exceptions,
applied general regulation of hours of work to employment of
women and children only, although a limitation of hours for
workers of both sexes was temporarily secured when the codes of
fair competition were in force during the life of the National
Industrial Recovery Act.1 Again, in some countries, where there
is no constitutional obstacle to general regulation of hours,
particularly in the countries or autonomous parts of countries
belonging to the British Commonwealth of Nations, it has
hitherto been the custom to regulate hours of work for women,
without regulation of hours for men, but there have recently
been changes in certain of these countries, the names of which
appear in the analysis appended to this chapter—for instance, in
Canada, where the special legislation relating to women is no
more than a vestige of the old system, but is maintained pending
the introduction of the new legislative scheme applying the
Hours of Work (Industry) Convention, 1919 (No. 1), which
Canada has ratified. A similar tendency may be seen in other
countries also.
Secondly, the special regulations for women workers introduced in the experimental period of labour legislation, before
there were any general regulations concerning hours of work,
sometimes supplement the effect of more recent general schemes,
either by filling in the gaps left by those schemes or by placing,
behind the lower maximum established in the general scheme
for normal purposes, something in the nature of a second line
of defence which may not be crossed even in exceptional
circumstances.
Curious examples of how regulations dating from different
periods may be superimposed one upon the other are to be
seen in the present legislation of France and of Greece. But it
should be remembered that, though in France the old regulations,
applying, as a rule, to women workers only, have never been
repealed and still figure in that country's Labour Code, the
1
In 1938 the Fair Labor Standards Act regulatedthe hours of work
of both sexes in employments relating to interstate commerce.
HOURS OF WORK
119
rules which they lay down are so far behind those of the modern
regulations relating to both sexes (with certain special provisions
for women) that their existence to-day is hardly more than
nominal. The limits which these old rules place on employment
can in practice only have effect in case of highly exceptional
exemptions ; in fact, they remain, more than anything else, a
witness to past standards, a landmark by which to judge the
ground gained by labour protection in the last thirty years.
A more contemporary and genuine combination of special
legislation for women and general legislation covering all
workers is to be found in Argentina and Peru.
In Belgium the special Act applies only to female minors.
In Germany, although the measure now in force is of recent date
and includes provisions regulating the hours of both sexes,
with stricter limits for women, these stricter limits are plainly
traceable to earlier hours of work legislation (Industrial Code
of 1900), which applied to women only.
The differences between schedules for workers of the two
sexes are not always due to the superposition of successive
enactments. There are examples of recent legislation determining hours of work for all workers, but fixing shorter hours for
women than for men. The Austrian and New Zealand regulations may be cited.
Quite often legislation sets a shorter limit to hours of work
on very fatiguing or unhealthy industrial operations or in
employment at night, in order to prevent effects harmful to
the worker's health. Regulations of this sort, though often
general, are sometimes applicable only to women. Japan and
some of the Australian States have adopted such regulations
respecting the employment of women on fatiguing work, and
in the United Slates some of the States have taken similar action
as regards the employment of women at night.
Another problem relating to hours of work which has also
been the subject of discussion with regard to women workers
is the organisation of half-time employment.
In order to spare married women the overstrain resulting
from the double burden of family and occupational duties,
and yet to give them the advantage of keeping in practice in
their trade, it has sometimes been proposed to organise the
employment of married women in two shifts of half a working
day each, or in one shift of reduced length. The organisation
of this form of employment has not been practically successful
120
THE LAW AND WOMEN's WORK
in every occupation, and it has seldom been put into effect in
the spirit in which it was conceived by certain persons engaged
in the study of women's social problems. Legislation in this
field is almost non-existent. Reference may however be
made to a regulation in Denmark which enables women officials
to claim shorter hours in the months following childbirth ; but
this is in all probability unique.
On the other hand, the employment of women for less than
a full day has grown greatly in recent years in a very different
manner, which is open to grave abuse. Employment has been
given for less than the standard number of hours in certain
large cities, as an economy measure in establishments in which
the daily and weekly flow of business is irregular—for instance,
in retail stores, laundries, beauty parlours, etc. ; the object is to
meet the requirements of the business and at the same time to
reduce staff expenses as much as possible.
The employment of women for part time in this manner
has caused uneasiness in trade union circles, foi1 it leads to the
elimination of some of the permanent staff and puts the
remainder into competition with a body of casual employees of
no defined status, and, further, makes it possible for the employer
to economise by employing for each period of the week and of the
day only the number of workers necessary for meeting the
demands of that period, so that even those employed on full
time must work continuously under the pressure which was
formerly alternated with the relative relaxation of slack periods.
In a few countries the legislative authorities have given
consideration to the abuses to which this new form of employment may lead, and are seeking remedies. Regulations are
appearing which oblige the employer to pay part-time workers
at rates corresponding to the advantages which their employment confers on the undertaking and calculated at the same
time to discourage the practice—i.e. at rates higher than the
hourly wages applying to permanent employees of the same type.
In the United Stales, for instance, regulations with this object
in view are spreading. Minimum wage orders regarding the
various occupations in which women are often employed for
short periods fix, for employees working less than the standard
number of hours, minimum hourly rates considerably higher
than the normal hourly rates, in retail stores (California, District
of Columbia), laundries (California, Illinois, New York, Ohio),
office cleaners (Massachusetts), office employees (California),
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HOURS OF WORK
121
telegraphists (North Dakota), beauty parlours (Washington),
etc. According to several of these orders, the supplementary
rate increases in inverse ratio to the number of hours worked
per week. The higher rate is often 10 per cent, or even more
above the rate fixed for permanent employees. In Canada the
Orders concerning minimum wages for women not infrequently
take account of part-time employment, either by providing for
higher hourly rates for this form of employment or, more often,
by guaranteeing minimum daily earnings (often corresponding
to five hours' work), whatever the number of hours' work
actually done by the persons concerned.
§ 2.—Overtime
As was mentioned above, the special limitation of hours of
work for women often allows less margin of overtime for women
t h a n is allowed for men. Frequently, legislative provisions
expressly prohibit overtime for women or limit very strictly the
overtime t h a t may be required of them. Practically all legislation dealing specially with women's hours contains provisions
defining very exactly the circumstances in which exceptions
are permitted ; and also, in laws regulating hours of work for
employees of both sexes, the overtime clauses often make a
distinction between male and female workers.
To begin with, the circumstances in respect of which overtime employment of women is authorised are fewer t h a n those
in which overtime is permitted for men, and not infrequently
overtime is permitted for men b u t entirely prohibited for women.
Or again, in some countries, overtime for women is restricted
t o cases of great urgency in which the work cannot be postponed
until the following day. For instance, an exception frequently
made with respect to women is t h a t for work on perishable
materials.
Secondly, overtime employment of women is sometimes
subject to very strict conditions : the extension of hours
permitted is shorter, there must be a break before the overtime
begins, the special payment is higher, there are limits concerning
the time of day when overtime m a y be worked, etc.
Moreover, overtime is not permitted indiscriminately for
all women, whatever their age and condition. The analysis
given below does not mention provisions concerning persons
under eighteen years, b u t many distinctions could be noted
122
THE LAW AND WOMEN'S WORK
between the treatment of female minors and that of adult
women. Another distinction, the purpose of which deserves
notice, is that made by Netherlands and Swiss law, which seldom
authorises overtime employment of women with household
responsibilities, but is less strict with respect to women who do
not have to assume the double duty of housewife and breadwinner. Elsewhere in this volume, in the table dealing with
maternity protection, will be found regulations limiting
overtime employment of expectant and nursing mothers.
Furthermore, in order to prevent evasion of regulations
respecting hours of work for women, some laws prohibit the
giving out of home work to be done by women who have
already put in a legal working day, or again, it is frequently
made illegal to employ in one establishment women who have
already done a day's work in another. Such provisions, which
merely assert conditions implicit in all hours of work regulations, are not mentioned in the appended summary of national
laws.
§ 3.—Breaks between Periods of Work
Most laws require the working day to be interrupted by a
rest period of a specified length. In a fairly large number of
countries, such a requirement is made in respect of women, but
not of adult men. Requirements of this nature and provisions
for rest periods for both women and for men, when these are of
different lengths or provided under different conditions for the
two sexes, are noted in the analysis below under the heading
" Minimum Rest Periods ".
§ 4.—The Weekly Rest and Public Holidays
Legislation relating to a weekly rest has evolved in the same
way as legislation on hours of work. Its application was at
first restricted as a rule to women and children, but in the
great majority of countries it has been extended to cover
workers of both sexes. In this field also international regulation has influenced the suppression of discrimination by sex in
legislative provisions, for the Weekly Rest (Industry) Conven-
HOURS OF WORK
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tion, 1921 (No. 14),1 adopted at the Third Session of the International Labour Conference, applies to the whole staff of
industrial undertakings, male as well as female. A Recommendation adopted by the Conference at the same Session invites
the States Members to extend these regulations to the staffs
of commercial undertakings.2
Nevertheless, there are still a small number of States in
which the weekly rest is obligatory for women and young
persons only, although in most it is the custom for it to be
accorded to adult males as well. Great Britain and several
other British Dominions and possessions, the number of which
diminishes annually (it should be noted that Canada has ratified
the Convention and is preparing to apply it), as well as Japan,
have retained regulations that do not apply to adult male
workers. This is true also of most of the States of the United
Stales, though some of them have old laws, usually of a religious
character, which apply to the whole population, but are no
longer enforced.
More numerous are the countries in which legislation,
while including general rules prescribing a weekly rest for
workers of both sexes (either all employed persons or in certain
occupations only) retains a few special provisions concerning
the rest of women workers.
Some of these provisions relate to the length of the weekly
rest. Particularly when the statutory rest must fall on Sunday,
it is quite usually required that women's employment on Saturday should end either at mid-day or at an earlier or later hour in
the afternoon. Such an obligation was early embodied in
British legislation ; the Act of 1844 provided that women's
work must stop at 4.30 p.m., on Saturdays, and that of 1878
brought the closing hour forward to 1 p.m. for textile factories
and 2 p.m. for other undertakings. This accounts for the term
1
" English
week " 1939
applied
in other countries
to suchby limitation
On 1 January
this Convention
had been ratified
31 States :
Argentina, Belgium, Bulgaria, Canada, Chile, China, Colombia, Czechoslovakia, Denmark, Estonia, Finland, France, Greece, India, Ireland,
Italy, Latvia, Lithuania, Luxemburg, Mexico, New Zealand, Nicaragua,
Norway, Poland, Portugal, Rumania, Spain, Sweden, Switzerland,
Uruguay and Yugoslavia. Ratification had been authorised by the
competent authority in three other countries, namely Cuba, Hungary
and the Netherlands, and recommended in Peru.
2
The question of the weekly rest in commerce and offices has been
put on the agenda of the 1940 session of the International Labour Conference with a view to the preparation of a Convention.
124
THE LAW AND WOMEN'S WORK
of the working week, now very general, which even without a
legal obligation is observed by m a n y establishments in a number
of countries.
Some of the laws which make it compulsory for women to
have a weekly rest of a day and a half allow the extra halfholiday to be given on an another weekday t h a n Saturday.
A weekly rest of more t h a n 24 hours, even in some cases a
rest of 48 hours, is, however, legally required in some countries
for all workers, male and female.
General measures, which
are not indicated in the summary of legislation appended, are
obviously of value to employed women owing to t h e accumulation of duties mentioned above. In this field, as in others, the
progress of general legislation makes special protection for
women unnecessary and a long weekly rest is sometimes an
outcome of the statutory system of daily and weekly hours, as,
for instance, the French 40-hour week with five 8-hour days.
The placing of the weekly rest on Sunday is another point in
which legislation is sometimes stricter for women workers t h a n
for men. In several countries, rest in rotation, or the taking
of the rest on other days t h a n Sunday, is either prohibited or
less frequently permitted in the case of women workers.
It m a y be said in general t h a t exceptions to the provisions
concerning the weekly rest are permitted less frequently in the
case of women's employment t h a n of men's and in a few countries
no exceptions a t all are allowed for women. In others, though
exceptions allow the employment of women on Sundays or the
suspension or division of their weekly rest, these exceptions are
subject to stricter conditions t h a n those applying to male
workers.
It should also be noted t h a t in the Netherlands and Switzerland
legislation on the weekly rest, like t h a t on hours of work, is
particularly strict with regard to the employment of women
who have a household to look after.
The keeping of public holidays has given rise to regulations
similar to those concerning the weekly rest of women workers,
b u t less numerous and less complex.
HOURS OF WORK
125
APPENDIX
SPECIAL REGULATION OF WORKING HOURS
AND REST PERIODS FOR WOMEN
Introductory Note
Only those laws and regulations have been selected for analysis in
this appendix which deal particularly with the employment of women,
so that, in principle, no account is taken of those which apply to both
sexes unless they are supplemented on certain points by special provisions for women. When this is so, the provisions applicable to both
sexes are indicated very briefly, and merely to the extent necessary to
make the significance of the special provisions for women quite clear.
It follows that, in examining this appendix, it must always be
remembered that no indication is given of the more important legislative provisions for the limitation of hours of work and the establishment of rest periods between working periods or of many of the provisions concerning the weekly rest and rest days, and also that several
countries are lefl out altogether, since their regulations on these points
are absolutely the same for men and women.
Where a comparison is made between the regulations applying to
women and those applying to men, the measure described is introduced
by the abbreviation W for women and M for men. The abbreviation h
for hours is also used.
The section for each country's laws and regulations begins with
a list of the legislative texts analysed. Each text is given a reference
number, which is placed in the margin against the subsequent analyses
by subject (hours of work, daily rest, weekly rest or holidays), as the
sole indication of which law is being analysed.
AMERICA (UNITED STATES OF)
(regulated by Stales)
A. — LEGISLATION
Arizona. Session laws, 1931, ch. 14.
Arkansas. Digest of the statutes, 1921, sees. 7102-7144 ; Suppl. 1927,
sec. 7109 ; 1931, sec. 7102. Session laws, 1935, ch. 150 ; 1937, ch. 83.
California.
1. Session Laws, 1929, ch. 286.
2. Industrial Welfare Commission Orders Nos. 5a, 6a, la, 8a, 11a,
15a, 1923 ; 3a, 1929.
3. lb. Nos. 6a and 8a, 1923.
4. lb. No. 3a, 1929.
5. lb. No. 16a, 1931.
6. lb. No. 17, 1931.
7. lb. No. 9a, 1933.
8. lb. No. 18, 1931.
9. lb. Nos. 10a and 12a, 1923.
126
THE LAW AND WOMEN'S WORK
Colorado.
Compiled laws, 1921 (published 1922), sees. 4184, 4272.
Connecticut.
1. Cumulative Suppl. to Gen. Statutes, 1931-1935, p. 704, sec. 1605c.
2. lb. p. 702, sec. 1598c.
3. Session laws, 1937.
4. General statutes, 1930, sec. 5197.
Delaware.
1. Session laws, 1917, ch. 230.
2. lb. 1935, ch. 214.
District of Columbia.
Idaho.
Code, 1929, sees. 21, 23.
Code, 1932, sees. 43-707.
Illinois.
Session laws, 1937.
Kansas.
1. Commission of Labor and Industry Order No. 1, 1936.
2. lb. No. 2, 1936.
3. lb. No. 3, 1936.
4. lb. No. 4, 1936.
5. lb. No. 5, 1936.
Kentucky.
Carroll's Statutes, 1930, sec. 48666(2).
Louisiana.
1. General statutes (Dart), 1932, sees. 4319, 4322.
2. lb. sec. 4322.
3. lb. sec. 4354.
4. lb. sec. 4382.
Maine.
1. Revised statutes, 1930, ch. 54, sees. 24-27; session laws, 1931, ch. 144.
2. Session laws, 1931, ch. 144.
Maryland.
Annotated code (Bagley), 1924, Art. 100, sec. 54.
Massachusetts.
1. Session laws, 1935, ch. 200 ; 1936, ch. 78.
2. General laws, 193^, ch. 149, sees. 1, 100-101.
Michigan.
Compiled laws, 1929, sec. 8324.
Minnesota.
Session laws, 1933, ch. 354 ; 1936 suppl. sees. 4126-2,4126-10.
Mississippi.
Code, 1930, sec. 4653.
Missouri.
Revised statutes, 1929, sec. 13210.
Montana.
Revised codes, 1921, sec. 3076.
Nebraska.
Session laws, 1931, ch. 97, cumulative suppl. t o compiled
statutes, 1933, sees. 48-205.
Nevada.
Session laws, 1937.
New Hampshire.
ch. 200.
New Jersey.
107-137C.
Public laws, 1926, ch. 176, 15-18, session laws, 1937,
Cumulative Suppl. to compiled statutes, 1911-1924, sees.
New Mexico.
1. Session laws, 1933, ch. 148.
2. Statutes, 1929,, ch. 80, sees. 202-203, 205-206, 208.
HOURS OF WORK
127
New York.
1. Cahill's Consolidated Laws, 1930, ch. 32, sec. 2, Cum. Suppl. 19311935, ch. 32, sec. 172.
2. lb. sec. 173 industrial code rule No. 1, 1921, amended 1932, session
laws 1937, sec. 660.
3. Cahill's Consolidated Laws, 1930, ch. 32, sec. 181 : Cum. Suppl.
1931-35, ch. 32, sec. 181.
4. Session laws, 1937, ch. 282.
5. lb. ch. 281-283.
6. Cahill's Consolidated Laws, 1930, ch. 32, sec. 185.
Norlli Carolina.
Session laws, 1937, ch. 409.
North Dakota.
1. Session laws, 1927, ch. 142.
2. Minimum Wage Department order No. 1, 1932.
3.
4.
5.
6.
lb.
lb.
lb.
lb.
No.
No.
No.
No.
3,
2,
4,
5,
1932.
1922.
1932.
1922.
Ohio. Session laws, 1937.
Oklahoma. Compiled statutes, 1931, 10847-10848.
Oregon.
1. State Welfare Commission Order effective 29 April 1934.
2. lb. order effective 5 May 1934.
3. Code, 1930, Vol. 3, title 49, sec. 322.
4. State Welfare Commission orders, unnumbered order effective
4 April 1934.
5. lb. No. 39, 1931.
6. lb. No. 40, 1931.
7. lb. No. 42, 1931.
8. lb. No. 43, 1931.
9. lb. No. 45, 1931.
10. lb. No. 44, 1931.
11. lb. No. 48, 1931.
Rhode Island. Session laws, 1929, ch. 1316 ; 1936, ch. 2426.
South Carolina. Code, 1932, v. 2, sec. 1478.
South Dakota.
Tennessee.
Compiled laws, 1929, sec. 10014.
Code, 1932, sec. 5322-5324.
Texas. Complete statutes, 1928, rev. civil statutes, Arts. 5768-5770,
suppl. 1931, Art. 5172, Session laws 1933, ch. 114.
Utah.
Session laws, 1919, ch. 70, Revised statutes, 1933, sees. 49-4-3.
Vermont.
Session laws, 1937.
Virginia.
Code, 1930, sec. 1808.
Washington.
1. Pierce's Code, 1929, v. 2, sec. 3456.
2. Industrial Welfare Committee order, No. 23, 1921.
3.
4.
5.
6.
lb.
lb.
lb.
lb.
No.
No.
No.
No.
25,
27,
28,
29,
1921.
1921.
1921.
1921.
128
THE LAW AND WOMEN'S WORK
Wisconsin.
1. Statutes, 1935, sec. 103.01-103.02 Industrial Commission Order
No. 6, 1918.
2. Industrial Commission orders relating to factories canning peas,
beans, cherries, corn, strawberries, tomatoes, spinach, 1936.
3. Statutes, 1931, sec. 103.02.
4. Industrial Commission order No, 5, 1933.
Wyoming.
Philippine
Session laws, 1933, ch. 114, Rev. statutes, 1931, sees. 63-113.
Islands.
Puerto Rico.
Session laws, 1923, Act 3071, sec. 2.
Session laws, 1930, Act 28.
B.—WORKING
HOURS
Arizona.
W in any labour : 8 h. daily, 48 h. weekly (excluding domestic
work ; nursing ; telephone and telegraph offices, railroad yard offices
employing 3 women or less).
Temporary exceptions : In harvesting, curing, canning or drying
perishable fruits or vegetables during period necessary to save products
from spoiling.
Arkansas.
W in manufacturing, mechanical or mercantile establishments, laundries, express or transportation companies, hotels, restaurants or eating places, banks, insurance companies, building and loan
associations, finance or credit business, producing or supplying
electricity or water, operation of work in elevators : 9 h. daily, 54 h.
weekly (excluding cotton factories ; gathering of fruits or farm
products ; railroad companies whose hours are regulated by Federal
law).
Permanent exceptions : W in executive or managerial positions with
weekly salaries of S35 or more, upon permit from Industrial Welfare
Commission.
Temporary exceptions : Industries handling perishable materials
(canning and candy factories explicitly mentioned) by permit of
Industrial Welfare Commission, 90 days a year if time and a half is
paid for all hours over 9 a day.
California.
1. W in manufacturing, mechanical or mercantile establishments,
hotels or public lodging houses and apartment houses, hospitals,
. barbers' shops, places of amusement, restaurants, laundry, telegraph
or telephone establishments and offices, operation of elevators in
office buildings, or express or transportation companies : 8 h. daily,
48 h. weekly (excluding graduate nurses in hospitals).
Temporary exceptions : as in Arizona, with the addition of fish.
2. VV in manufacturinc: ; mercantile industry ; labelling and office
work in fish canning ; iaundry and dry cleaning ; dried fruit packing ;
office work in citrus and green fruii and vegetable packing ; nutcracking and sorting ; labelling in fruit and vegetable canning :
8 h. daily, 48 h. weekly.
3. VV in fish canning and citrus packing and green fruit and vegetable
packing : basic hours : 8 daily, 48 weekly (excluding office work,
detailed in No. 2, and labelling in the fish canning industry).
Temporary exceptions : In emergencies, with overtime p a y at
progressive rates.
4. VV in fruit and vegetable canning (except labelling) : basic hours :
8 daily, 48 weekly.
Temporary exceptions : as under 3.
HOURS OF WORK
129
5.
VV in motion picture industry—extras. VV who act or otherwise
perform at a wage of not more than $15 a day or $65 a week : basic
hours : S daily, 48 weekly.
Temporary exceptions : as under 3.
6. Motion-picture industry, IV employed at not more than $40 a
week who do not act or otherwise perform : basic hours : S daily,
48 weekly.
Temporary exceptions : as under 3.
7. IV in general and professional offices : 8 h. daily, 48 h. weekly.
Temporary exceptions : In emergencies VV not subject to 8 h. Law
(see No. 1) may be employed more than 48 h., (a) if their wages are
$30 a week or more ; (b) if their wages are less than $30 a week, on
condition that they are paid 1% times the regular rate for all emergency
work.
9. VV in unclassified occupations and hotels and restaurants : 8 h. daily,
48 h. weekly.
Colorado. VV in manufacturing, mechanical or mercantile establishments,
laundries, hotels and restaurants : 8 h. daily.
Temporary exceptions : Industrial Commission may allow overtime
in cases of emergency, provided the minimum wage is increased.
Conncclicul.
1. VV in public restaurants, hair-dressing or manicuring establishments
or photograph galleries or barbers' shops : 9 h. daily, 52 weekly
(excluding hotels).
Permanent exceptions : 10 h. may be worked on one day each week
provided the weekly maximum is not exceeded.
2. W i n manufacturing or mechanical establishments including laundries,
also home work : 9 h. daily, 48 h. weekly.
Temporary exceptions : In emergencies and in cases of seasonal
or peak demands 10 h. a day and 55 h. a week may be permitted by
the Department of Labor.
3. VV in mercantile establishments : 8 h. daily, 48 h. weekly.
Permanent exceptions : 10 h. may be worked one day in the week
in order to make one shorter work day during such week.
Temporary exceptions : Dec. 18-25 if employer grants at least
7 holidays with pay annually.
4. VV in bowling alleys, shoe-shining establishments, billiard or pool
rooms : 58 h. weekly.
Delaware.
1. VV in mercantile, mechanical and manufacturing establishments,
laundries, baking, printing, telephone and telegraph offices or exchanges, restaurants, hotels, places of amusement, dressmaking establishments and offices : 10 h. daily, 55 h. weekly (excluding canning or
preserving or preparation for canning or preserving of perishable
fruits or vegetables).
Permanent exceptions : 12 h. on 1 day of each week provided weekly
maximum is not exceeded.
2. VV in mercantile establishments, telephone and telegraph offices
and exchanges, hotels, restaurants and places of amusement : 8 h.
in any 24, if VV work after 11 p.m. or before 7 a.m.
Disìrici of Columbia.
VV in manufacturing, mechanical mercantile
establishments, laundries, hotels, restaurants, telegraph or telephone
establishments or offices, or express or transportation companies :
8 h. daily, 48 h. weekly.
9
130
THE LAW AND WOMEN'S WORK
Idaho. W in mechanical or mercantile establishments, laundries,
hotels or restaurants, telegraph or telephone offices, express and
transportation companies : 9 h. daily (excluding harvesting, packing,
curing, canning or drying perishable fruits or vegetables).
Illinois.
W in mechanical or mercantile establishments, factories,
laundries, hotels, restaurants, barbers' shops or beauty parlours,
telegraph or telephone establishments or offices, places of amusement,
express or transportation or public utility businesses, common carriers,
public or private institutions or offices thereof : 8 h. daily, 48 h.
weekly (excluding graduate nurses, telephone company operators
stationed in a private residence or any place of business other than a
telephone exchange).
Permanent exceptions : (a) in other than mercantile establishments,
9 h. on one day a week if weekly limit is not exceeded ; (b) telephone
and telegraph operators, 10 h. a day if employed between 7.30 a.m.
and 8 a.m. and allowed 4 hours' sleep with sleeping facilities provided.
Temporary exceptions : (a) in mercantile establishments 9 h. a
day and 54 a week during 4 weeks in any calendar year ; (b) for
essential public services in time of emergency the daily limit may be
exceeded for not more than 2 consecutive days ; (c) in canneries
between 1 J u n e and 15 Oct., 10 h. a day, 60 h. a week.
Kansas.
1. I f in laundry, dyeing, drv-cleaning and pressing establishments :
9 h. daily, 4 9 % h. weekly.
Permanent exception : 2 % h. overtime a week allowed if daily hours
are not exceeded.
2. W in manufacturing occupations, including work in florists' shops
and candy-making
depts. of confectionery shops and bakeries : 9 h.
daily, 4 9 % n - weekly (excluding millinery workrooms, dressmaking
establishments, hemstitching and button shops, and the alteration,
drapery and upholstery departments of mercantile establishments
may obtain permission from the Women's Division of the Commission
of Labor and Industry to operate under the mercantile order (see
3 below)).
Temporary exceptions : 4 % h. overtime a week allowed in case of
emergency. In seasonal industries handling perishable food products
the full amount of overtime is allowed for 6 weeks during their peak
season or for 2 periods a year not to exceed 3 weeks each. In a
poultry dressing and packing business during the season from 15 Oct.
to 24 D e c , 11 h. a day and 58 h. a week are permitted for 4 of the
6 weeks' peak season and 11 h. a day and 60 a week for the remaining
2 weeks, provided one of these latter weeks falls between 1 Nov. and
Thanksgiving Day and the other between Thanksgiving Day and
Christmas.
3. W in mercantile occupations : 9 h. daily, 54 weekly (excluding
regularly registered pharmacists).
Permanent exception : 10 h. working day allowed once a week
provided maximum weekly hours are not exceeded.
4. W in public housekeeping occupations, i.e. the work of waitresses,
attendants, chambermaids, elevator operators, etc., in establishments
serving the public, cashiers : 8 h. daily, 48 h. weekly.
5. W : (a) telephone operators : basic hours : 8 daily ; total hours
(work and rest time) shall not exceed 12 for operators regularly
employed after 11 p.m.
(b) telephone employees : 48 h. weekly (excluding small exchanges
having not more than" 2 operators on duty at one time and where
exchange is in residence).
Temporary exceptions : in cases of emergency.
HOURS OF WORK
131
Kentucky.
W in manufacturing, mechanical or mercantile establishments, laundry, hotel, restaurant, telephone or telegraph offices,
bakery, factory, workshop : 10 h. daily, 60 h. weekly.
Louisiana.
1. W in any occupation whatsoever : 9 h. daily, 54 h. weekly (excluding
(a) agricultural pursuits ; (b) mercantile establishments, cafés or
restaurants situated and operated outside any municipality or within
any town or village of fewer than 2,500 inhabitants and telegraph
offices).
Permanent exceptions : On Saturday nights for stores or mercantile
establishments in which more than 5 persons are employed.
Temporary exceptions : 10 h. daily, 60 h. weekly in emergencies
in packing plants, canning plants and factories handling fruits, sea
foods, vegetables, and perishable foods.
2. W in occupations as under 28 (b) above : 60 h. weekly.
Maine.
1. W in workshops, manufacturing or mechanical establishments
9 h. daily, 54 h. weekly (excluding manufacturing establishments or
businesses, the materials and products of which are perishable).
Permanent exception : In order to make one shorter work day a
week if the weekly hours are not exceeded.
Temporary exceptions : For public service in cases of emergency
or extraordinary public requirement.
2. W in telephone exchange employing more than three operators ;
mercantile establishments ; store, restaurant, laundry, telegraph
office or express or transportation company in which three or more
females are employed : 54 h. weekly (excluding manufacturing establishment or business, the material and products of which are
perishable).
Temporary exception : 17-24 Dec. inclusive; millinery shops or
stores on the 8 days prior to Easter Sunday ; public service in case
of emergency or extraordinary public requirement.
Maryland.
W in manufacturing, mechanical, mercantile, printing,
baking or laundering establishments : 10 h. daily—if any work is done
between 10 p.m. and 6 a.m. not more than 8 h. in any one day—60 h.
weekly (excluding canning, preserving or preparing for canning or
preserving of perishable fruits or vegetables).
Permanent exceptions : for Saturday, see under " t e m p o r a r y
exceptions ".
Temporary exceptions : 2 h. overtime on Saturdays, Christmas
Eve, and the 5 working days before Christmas Eve in retail mercantile
establishments outside the city of Baltimore, if two rest periods of not
less than 1 h. each are given on each day overtime is worked and if
9 h. constitute the maximum day during the remainder of the year.
Massachusells.
W in any manufacturing, mercantile or mechanical
establishment including restaurants, telegraph offices or telephone
exchanges, express or transportation companies, laundries, cleaning,
dyeing, hotels ; manicuring or hair-dressing establishments, motion
picture theatres, elevator operating or switchboard operating in a
private exchange : 9 h. daily, 48 h. weekly (excluding persons employed
in supervisory capacity or serving exclusively as personal secretaries ;
domestic service and farm labour).
Temporary exceptions : (a) In employment' determined by the
Department of Labor and Industries to be seasonal : 52 h. a week if
average for year does not exceed 48 h. a week. In emergencies,
in public service and other businesses requiring shifts, (b) To make
up time lost, on a previous day of the same week, due to stoppage of
132
THE LAW AND WOMEN'S WORK
machinery on which worker is dependent, provided stoppage is not
less than 30 consecutive minutes.
Michigan.
W employed wherever manufacturing of any kind of goods
is carried on or any goods are prepared for manufacturing ; quarrying,
mercantile, laundries, dressmaking, millinery establishments, warehouses, offices, restaurants, theatres, concert or music halls, hotels
or hospitals, or operating an elevator, or on street or electric railways :
9 h. daily, 54 h. weekly (excluding preserving and shipping perishable
goods in fruit and vegetable canning, or fruit packing establishments
and student and graduate nurses in hospitals or nurses in fraternal
or charitable homes).
Permanent exception : 10 h. a day if the weekly hours are not
exceeded.
Minnesota.
W in manufacturing, mechanical, mercantile, public housekeeping occupation, laundries, telephone operators : 54 h. weekly
(excluding telephone operators in towns under 1,500 population,
night employees who are at their place of employment not more t h a n
12 h. and have opportunity for at least 4 h. sleep).
Permanent exception : Industrial Commission upon application
of employer may, for cause shown, exempt any employer or class of
employer from the provisions of the Act.
Temporary exceptions : (a) Preserving perishable fruits, grains or
vegetables if employment does not last more than 75 days in any year.
(b) Industrial Commission may under special rules allow longer hours
during emergency not exceeding 4 weeks in the aggregate in any
calendar year. ~(c) In case of emergency in which safety, health,
morals or welfare of the public may be affected.
Mississippi.
W in any occupation : 10 h. daily, 60 h. weekly (excluding
domestic servants).
Temporary exceptions : in case of emergency or of public necessity.
Missouri.
W in manufacturing, mechanical or mercantile establishments, laundries, bakeries, restaurants, places of amusement, stenographic or clerical work of any character in the above industries,
express, transportation or public utility business, common carrier or
public institutions : 9 h. daily, 54 h. weekly (excluding telephone
companies).
Permanent exception : Establishments in towns having a population
of 3,000 or less.
Temporary exceptions : Establishments canning or packing perishable farm products in places of less than 10,000 population for 90 days
annually.
Montana.
W in manufacturing, mechanical or mercantile establishments,
telephone or telegraph exchange rooms or offices, laundries, hotels
or restaurants : 8 h. daily.
Temporary exceptions : In retail stores 10 h. a day during the week
before Christmas.
Nebraska.
W in manufacturing, mechanical or mercantile establishments, laundries, hotels, restaurants, offices, public service corporations in metropolitan cities and cities of the first class : 9 h. daily,
54 h. weekly.
Nevada.
W in private employment : 8 h. daily, 48 h. weekly (excluding
domestic service, State, county, city or town employees).
Temporary exceptions : In emergencies 12 h. a day, 56 a week, if
1 V2 times regular wage rate is paid for hours over 8 and 48.
HOURS OF WORK
133
New Hampshire.
W in (a) manual or mechanical labour in manufacturing establishments : 10 h. daily, 48 h. weekly ; (b) manual or
mechanical labour in any employment other than manufacturing :
10 y4 h. daily, 54 h. weekly :—if any work is done between 8 p.m. and
6 a.m. on more than two nights a week, not more than 8 h. in any
24 or more than 48 in any week are permitted (excluding household
labour, nurses, domestic, hotel, cabin and boarding house labour,
operators in telephone and telegraph offices, farm labour).
Temporary exceptions : (a) 10*4 h. a day, 54 a week, for 8 weeks
in any 6 months period, on permit by Labor Commissioner ; (b) Manufacture of munitions or supplies for the U.S. or the State during war
time ; mercantile establishments on the 7 days preceding Christmas
Day, provided the weekly average for the year does not exceed 54 h.
New Jersey.
\V in manufacturing or mercantile establishments, bakeries,
laundries or restaurants : 10 h. daily, 54 weekly (excluding canneries
engaged in packing a perishable product such as fruits or vegetables ;
hotels, or any other continuous business where working hours do not
exceed 8 a day).
New Mexico.
1. (a) W in industrial or mercantile establishments, laundries, hotels,
restaurants, places of amusement, public utility business, offices,
clerical work : 8 h. daily, 48 h. weekly (excluding (i) W employed in
hospitals, sanitoria, registered or practical nurses, midwives, domestic
servants ; (ii) W employed in inter-State commerce, whose hours are
regulated by Federal Law).
(b) Telephone and telegraph offices where more t h a n 5 operators
are employed : 48 h. weekly when working hours are between 7 a.m.
and 10 p.m ; 54 when working hours are between 10 p.m and 7 a.m.
(excluding as in (a) (ii)).
Temporary exceptions : for (a) 2 h. overtime weekly in emergencies
if time and a half is paid ; for (b) in emergencies.
2. IV in express, transportation or any common carrier : 9 h. daily,
56 h. weekly (excluding W in inter-State commerce where hours are
regulated by Federal Law).
Temporary exceptions : in emergencies 4 h. overtime a week if time
and a half is paid and the total hours of labour for a 7 day week do
not exceed 60.
New York.
1. VV in factories, i.e. mills, workshops or other manufacturing establishments, laundries : 8 h. daily, 48 h. weekly.
Permanent exceptions : 10 h. may be worked on one day in the week
in order to make 1 short day of not more than 4^4 h., and 9 h. on
any one of the remaining four days provided the weekly hours do not
exceed 48.
2. IV in establishments canning or preserving perishable products :
8 h. daily.
Temporary exceptions : 10 h. a day, 60 h. a week between 15 J u n e
and 15 Oct. (sauerkraut factories, between 1 Sept. and 1 Dec.) in
emergencies or rush periods, between 25 J u n e and 5 Aug., 12 h. a day,
66 h. a week, if authorised by annual permits. Excluded : work
requiring continuous standing.
3. VV in mercantile establishments : 8 h. daily, 48 h. weekly.
Permanent exceptions : Choice of exemptions (i) or (ii) with ratification to Commissioner of Labor, (i) 10 h. on one day of the week in
order to make 1 or more shorter work days, (ii) 10 h. on one day of the
week and 9 h. on any of 4 other days provided that the 6th day does n o t
exceed 4 % h. and the week 48 h.
134
THE LAW AND WOMEN'S WORK
Temporary exceptions : (a) 18-24 Dec. inclusive ; (b) for inventory :
in two periods a year of not more than a week each, overtime allowed
up to a total of 6 h., in each period, in combination with exemption (i) of
Permanent Exceptions, and of 5 h. with exemption (ii) of Permanent
Exceptions.
4. W in hotels and restaurants : 8 h. daily, 48 h. weekly (excluding
singers' and performers' attendants, resort or seasonal hotels or restaurants in rural communities and in cities and villages of fewer than
15,000 inhabitants).
Permanent exceptions : See above, 3, Exemption (ii).
5. W in (a) care, custody, or operation of any elevator ; (b) W over
21 conductor or guard on any street or electric railway (employment
of W under 21 prohibited) : 8 h. daily, 48 h. weekly.
6. W over 21 messenger for a telegraph or messenger company (employment of W under 21 prohibited) : 48 h. weekly.
North Carolina. W (a) in any labour : 9 h. daily, 48 h. weekly (excluding
establishments employing not more than 8 persons ; establishments
publicly operated, or regulated by Federal law or public commissions ;
agriculture, fishing, domestic service (hotels, hospitals, etc., included),
clerical, supervisory and professional work ; office work, work in
picture theatres and at a few special industrial processes).
(b) Operation of seasonal industries in the process of conditioning
and preserving perishable or semi-perishable commodities : 10 h.
daily, 55 h. weekly.
Temporary exceptions : (a) 10 h. in a day from 18 to 24 Dec.
inclusive, and during periods annually of 1 week each in mercantile
establishments.
North Dakota.
1. W in manufacturing, mechanical or mercantile establishments,
laundries, hotels or restaurants, telephone or telegraph establishments
or offices, express, or transportation companies : 8 y2 h. daily, 48 h.
weekly (excluding in villages or towns of less than 500 population ;
small telephone exchanges and telegraph offices where special rules
are established).
Temporary exceptions : 10 h. a day in emergencies provided a
weekly limit is not exceeded.
2. W in towns of less than 500 population—W in public housekeeping
occupations including the work of waitresses, chambermaids, janitresses, car cleaners, kitchen workers and elevator operators : 9 h.
daily, 58 h. weekly.
Temporary exception : In case of emergency temporary suspension
or modification may be permitted by the Department of Agriculture
and Labor.
3. W in mercantile occupations in towns of less than 500 population :
9 h. daily, 54 h. weekly (excluding W who perform office work solely).
Temporary exception : as under 2 above.
Ohio, (a) Any XV wage earner : 8 h. daily, 48 h. weekly (excluding
those in agriculture, manufacturing, private domestic service ; XV over
21 in mercantile establishments in cities of less than 5,000 population).
(b) XV in manufacturing establishments : 8 h. daily, 45 weekly ;
(excluding W over 21 earning $30 or more a week in executive positions ; XV in specified professional work or in specified positions in
hospitals).
Permanent exception : Mercantile and telephone establishments,
10 h. on Saturdays.
Temporary exceptions : (a) In mercantile establishments 10 h. a
day, 50 a week during 1 week in first 6 months of year and 2 weeks
HOURS OF WORK
135
in second. In telephone companies during public emergency. In
both 10 h. on the days preceding 30 May, 4 July, Thanksgiving,
25 Dec. and 1 J a n .
(a) (b) In laundry and dry cleaning, 9 h. a day, 50 a week in the
weeks including 1 Jan., Good Friday, 30 May, 4 July, Labor Day,
Thanksgiving and 25 Dec. In canneries and establishments preparing
perishable goods, during canning season.
Oklahoma.
W in any establishment employing 5 or more females in
cities of not less than 5,000 inhabitants : 9 h. daily, 54 h. weekly
(excluding registered pharmacists, nurses, agricultural or domestic
service).
Temporary exceptions : Telephone operators in times of disaster or
epidemic if consent of employees secured and double time paid.
Hotel and restaurant employees in emergencies may work 1 h.
overtime a day under the same conditions.
Oregon.
1. IV in needlecraft occupations : 8 h. daily, 44 h. weekly.
Temporary exception : 0 h. a day, 48 h. a week may be worked
for 2 periods during the year not to exceed 6 weeks each.
2. IV in laundry, cleaning and dyeing establishments where 2 or more
persons are employed : 8 h. daily, 44 h. weekly.
Permanent exceptions : 9 h. a day if 1 y2 times the regular rate is
paid for time over 8 h.
3. W in canneries, driers, or packing plants : 10 h. daily.
Permanent exception : If time and a half is paid for all work in
excess of 10 h. a day.
4. IV in mercantile occupations, including office workers, sales force,
etc., in shops : 9 h. daily, 48 h. weekly.
5 . W in manufacturing occupations—including workrooms in mercantile stores and the candy making department of candy stores and
restaurants : 9 h. daily, 48 h. weekly (excluding fruit and vegetable
drying, canning, preserving and packing establishments).
6. W in personal service occupations : 9 h. daily, 48 h. weekly.
7. IV in telephone or telegraph occupations in the city of Portland :
9 h. daily, 48 h. weekly.
8. W in telephone or telegraph occupations outside the city of Portland : 9 h. daily, 48 h. weekly.
Permanent exception : A rural telephone establishment that does
not require t h e uninterrupted attention of an operator may be
granted a special licence by the Industrial Welfare Commission for
different daily hours.
9. W in public housekeeping occupations : 9 h. daily, 48 h. weekly.
10. (a) W in Office occupations ; (b) W attendants in physicians'
or dentists' offices, and all kinds of clerical work : 48 h. weekly.
11. W student nurses : 56 h. weekly.
,
Rhode Island. W in factory, manufacturing, mechanical, business,
or mercantile establishments—including home work : 9 h. daily, 48 h.
weekly.
Permanent exception : In order to make a 5-day week, 9 £ hours
may be worked. W working by shifts during different periods or
parts of the day in the employ of'a public utility.
South Carolina.
weekly.
\V in mercantile establishments : 12 h. aaily, 60 h.
South Dakota.
W in any place where an employer or other person has
control : 10 h. daily, 54 h. weekly (excluding farm labourers, domestic
136
THE LAW AND WOMEN'S WORK
servants, telegraph and telephone operators, persons engaged in the
care of livestock).
Temporary exception : 12 h. a day on the 3 days preceding Christmas.
Tennessee.
W in any establishment where labour is employed : 1 0 %
daily, 57 h. weekly (excluding domestic service, agricultural pursuits,
fruit and vegetable canneries).
Texas. W in any establishment, institution or enterprise : 9 h. daily,
54 h. weekly (excluding stenographers, pharmacists ; superintendents,
matrons, nurses and attendants in private orphanages not run for
profit ; mercantile establishments and telephone and telegraph
companies in rural districts and outside towns of 3,000 population,
cleaning and pressing establishments).
Permanent exceptions : If double time is paid for all hours over 9
a day : (a) Laundries may work 11 h. a day, provided weekly hours
are not exceeded ; (b) woollen, worsted and cotton mills and factories
making articles out of cotton goods, 10 h. daily, 60 h. weekly.
Temporary exception : In case of extraordinary emergencies, with
consent of employee, if double time is paid. W in cleaning and
pressing establishments : 11 h. daily, 54 h. weekly.
Utah. W in manufacturing, mechanical or mercantile establishments,
laundries, hotels, restaurants, telegraph or telephone, hospitals,
offices or any express or transportation company : 8 h. daily, 48 h.
weekly (excluding packing or canning of perishable fruits or vegetables).
Temporary exceptions : Daily overtime in emergencies when life
or property is in imminent danger ; manufacture of containers for
perishable fruits or vegetables, during packing season.
Vermont.
W in mines or quarries, manufacturing or mechanical establishments : 9 h. daily, 50 h. weekly.
Permanent exceptions : telephone exchanges where hours of actual
labour of operation do not exceed 9 daily, 50 weekly, or where operator
is able to sleep the major p a r t of the night.
Temporary exception : in case of extraordinary public requirement
an employee engaged in public service may be exempted.
Virginia.
W in factories, manufacturing and mercantile establishments, workshops, laundries, restaurants : 10 h. daily (excluding
factories packing fruit or vegetables ; mercantile establishments
in towns of under 2,000 inhabitants and in country districts).
Permanent exceptions : Office workers (bookkeepers, cashiers,
stenographers).
Washington.
1. i y in mechanical or mercantile establishments, laundries, hotels
and restaurants : 8 h. daily (excluding harvesting, packing and preserving perishable fruits or vegetables, canning fish or shell fish).
2. W in public housekeeping : basic hours : 8 daily, 48 weekly.
6. W in manufacturing occupations, trades or industries : 8 h. daily.
Wisconsin.
1. VF in place of employment, i.e. manufacturing, mechanical or
mercantile establishments, beauty parlours, laundries, restaurants,
telegraph or telephone offices or exchanges or express or transportation
establishments : 9 h. daily, 50 h. weekly ; employment on more than
1 night a week between 8 p.m. and 6 a.m. shall not exceed 8 h. a night
or 48 h. a week ; in hotels employment between 9 p.m. and 6 a.m.
shall not exceed 9 h. a night or 54 h. a week (excluding registered
pharmacists and assistant pharmacists).
HOURS OF WORK
137
Temporary exception : 10 h. day during emergency periods of not
more than 4 weeks a year if lime and a half is paid and weekly hours
do not exceed 55.
2. W in factories canning peas, beans, cherries, corn, strawberries,
tomatoes, or spinach : 9 h. daily, 50 h. weekly.
Temporary exception : 54 h. a week but not more than 9 a day
during season of actual canning ; in emergencies 11 h. a day and 60 h.
a week on not more than 8 days during season if time and a half is
paid for hours over 9 a day.
3. W in hotels : 10 h. daily, 55 h. weekly.
Wyoming. W in manufacturing, mechanical or mercantile establishments, laundries, hotels, apartment houses, place of amusement,
restaurants : 8 h. daily, 48 h. weekly.
Temporary exceptions : In emergency if time and a half is paid
for every hour of overtime in any one day.
Puerto Rico. W in any lucrative occupation including agriculture :
8 h. daily, 48 h. weekly (excluding telephone and telegraph operators,
artists, nurses or domestics).
Temporary exception : 9 h. a day if double time is paid for overtime
and the maximum weekly hours are not exceeded.
C.—MINIMUM REST PERIODS
(If not specially indicated, scope as defined under B.—Working Hours)
During Working Day
an
Arkansas. % °f
hour for noon luncheon ; not more than 6 h.
continuously without an interval of at least % of an hour : Exceptions :
(a) 6J4 h. continuous labour allowed if employment ends not later
than 1.30 p.m. ; (b) establishments employing fewer than 3 females.
California.
1. See 8 below.
5. Meal period of not less than y2 h. nor more than 1 y2 h. Meal
period shall be provided not later than 5 % h. after they are told to
and do report for work.
6. Every W shall be entitled to at least one hour for meals. The
meal period shall not be less than y2 h. nor more than 1 y2 h. No
W shall be permitted " to work an excessive number of hours without
a meal period ".
8. W in any occupation entitled to 1 h. for meals—not permitted
to return to work in less than % h. Not to be permitted to work an
excessive number of hours without a meal period.
1.
Delaware, (a) Not less than 30 minutes for mid-day or evening
meal, (b) Not more than 6 h. continuous work without an interval
of at least % of an hour. Exceptions : if employment for the day
ends not later than 1.30 p.m., 6% h. continuous work permissible.
District of Columbia. As in Delaware (b) and exceptions but no requirement with respect to establishments in which fewer than 3 females
are employed.
Kansas.
1. Not more than 6 consecutive hours without relief for meals. Relief
for lunch, 1 h. Women's Division of Commission of Labor and
Industry may reduce lunch period to y2 h. on application of both
employer and employee.
138
THE LAW AND WOMEN'S WORK
2.
Not more than 5 h. without relief for meals ; meal periods not less
than % h. The Women's Division of the Commission of Labor and
Industry may grant a shorter lunch period in any particular industry.
If the industry is operated on an 8 h. basis the lunch period shall not
be less than y2 h.
3. Not more than 5 h. without relief for meals. Meal period, 1 h. The
Women's Division of the Commission of Labor and Industry may grant
one of not less than 45 minutes on application of both employer and
employee.
4. Not more than 5 h. without relief for meals. Meal periods not less
than 20 minutes.
5. The day's work shall be performed in 2 shifts, one of which shall not
exceed 5 h. (excluding night operators regularly employed after 11).
Louisiana.
1. 1 h. for dinner ; if two-thirds of the employees desire, y2h. allowed.
3. IV employed in retail trade : not less than y2 h. between 10 a.m.
and 3 p.m.
4. IV retail clerks in cities of more than 50,000 : not less than 1 h.
between 10 a.m. and 3 p.m.
Maine.
1 and 2. Not more than 6 h. continuously without an interval of at
least an hour. Exceptions : (a) 6 % h. continuously permitted if
employment ends not later than 1.30 p.m. and worker is dismissed
for day. (b) Public service in case of emergency or extraordinary
public requirement ; night telephone operating where operator is able
to sleep the major part of the night, (c) Manufacturing or business,
the materials of which are perishable.
Maryland.
Not more than 6 h. without an interval of at least y2 n Exceptions : (a) 6 y2 h. continuous labour if employee is not permitted
to work the remainder of the day. (b) Establishments employing
fewer than 3 IV.
See also under " Working hours ", temporary exceptions.
2.
Massachusetts.
IV in factory or workshop in which 5 or more W or
persons under 18 years of age are employed: not more t h a n 6 h. without
an interval of at least % h. for a meal (excluding iron or glass works, paper
mills, letterpress and print works, bleaching and dyeing or continuous
processes exempted by the Department of Labor and Industries
with the approval of the Governor). Exceptions : (a) 6 % h. permitted
if employment ends at 1 p.m. and worker dismissed for day. (b) 7 y2 h.
if worker is allowed sufficient time to eat lunch on duty, and if such
employment ends at 2 p.m. and worker is dismissed for the day.
Nevada.
1.
5.
y2 h. meal period.
New Mexico.
Not less than 30 minutes for meal time.
New York, (a)—.
(b) Not less than 1 h. for meal. Exception: The
Commissioner of Labor may grant permission for a shorter meal period.
North Dakota.
2. Not more than 4 h. without a rest period. y2 h. for meals if they
are furnished on the premises ; 1 h. if employees must leave premises.
Exception : In case of emergency temporary suspension or modification may be permitted by the Dept. of Agriculture and Labor.
4. IV in manufacturing occupations : Not more than 5 % h. without
a rest period. At least y2 h. for noon meal. Exception : as in 2
above.
HOURS OF WORK
139
5.
W in laundry occupations, including laundry departments in hotels,
hospitals and factories : not more than 5 h. continuous labour. At
least y2 h. for noon meal. Exception : as in 2 above.
6. W in telephone exchanges. Adequate time and provision, at
reasonable hours, for meals. Exception : as in 2 above.
Ohio. Not less than y2 h. in establishments where lunch rooms are
provided and not less than 1 h. where none are provided. Not more
than 5 h. without a meal period of at least y2 h.
Oregon.
2. Not more than 5 h. continuous labour without at least 45 min. rest.
4. Not more than 6 h. continuous labour without rest period of 10 min.
each half day. Not more than 6 h. of continuous labour without a
rest period of at least 45 minutes.
6, 7, 9, 10. Not more than 6 h. between 7 a.m. and 8.30 p.m. without
a rest period of at least 3,4 of an hour.
Washington.
2. Not more than 5 h. without a rest period of at least % n 3. W in laundry, dry cleaning or dyeing : Not more than 6 h. without
a rest period of at least % n 4. W in (a) telegraph or telephone ; (b) Any other public occupation
not covered by Orders 23, 25, 28 or 29 : Not less than 1 h. for a luncheon
period.
5.
W in mercantile establishments : Id.
Wisconsin.
1. Not less than 1 h. during each day or night for meals. Exception :
In restaurants, where employees eat on the premises, meal periods
may be y2 h. provided the stretch of labour between meals does not
exceed 5 h.
2. Not more than 6 h. without a meal period ; not less than y2 h. at
or about 12 noon, 6 p.m. and 12 midnight.
4. W in manufacturies and laundries having convenient, adequately
equipped lunch rooms, in cities of the 1st class : The lunch period may
be % h.
Philippine
Islands.
W in factory, shop, industrial or
establishment : Not less than 1 h. for noon-day lunch.
Puerto Rico.
for meals.
mercantile
Not more than 4 h. continuously, not less than 1 h.
Weekly
Arizona.
Arkansas.
One full day of rest except for W working 6 h. a day or less.
Maximum 6-day week.
California.
2. Maximum 6-day week.
3, 4, 6, 8. Idem. Exceptions : in emergencies with overtime pay at
progressive rates.
9. One full day of rest. Exception : W working 6 h. a day or less.
Connecticut.
1. 6-day week.
140
3.
THE LAW AND WOMEN'S WORK
Idem. Exception : as under " Working Hours " No. 3, temporary
exceptions.
1.
Delaware.
Maximum 6-day week.
Districi of Columbia.
Maximum 6-day week.
Kansas.
2. Maximum 6-day week. Exception : Cream testers may work
6 % days between 1 May and 1 Sept. if weekly hours do not exceed 54.
3. Maximum 6-day week.
5. (a) 6-day basic week, (b) Idem.
Nevada.
Minimum wage set for a 6-day week.
New Jersey.
1.
Maximum 6-day week.
New Mexico,
(a) 1 day a week.
New York.
1 and 2. Maximum 6-day week.
3. Idem. Excluded : writers and reporters in newspaper
and duly licensed pharmacists.
4, 5, 6. Maximum 6-day week.
offices
North Carolina.
6-day week. Exception : telegraph operators and
clerks at offices employing 3 or less persons may be employed 7 days
a week.
North Dakota.
1. 6-day week.
2. W not to be employed for more t h a n 28 days in one month.
Exception : in emergencies, temporary exception by permission of
Department of Agriculture and Labor.
Ohio. Maximum 6-day week. Exceptions
Hours ", temporary exceptions.
: as
under
" Working
Oregon.
1 and 2. Maximum 6-day week.
4, 5, 6. Sunday work prohibited.
7. Telephone offlces : 6-day week. Commission may except exchanges
employing fewer t h a n 10 persons. Telegraph : no"W to be employed
for 7 consecutive days without 1 day in which employment shall
not exceed 6 h.
8. Telephone : no W to be employed for 14 consecutive days without
1 day of not more than 6 h. and 1 full day of rest. Exception : possible
where not more than 10 employees. Telegraph : as in 7.
10. Maximum 6-day week.
Washington.
2. Maximum 6-day week : Exceptions : (a) Nurses, (b) Emergencies,
when W may be employed 10 days without weekly rest period
provided they receive at least 4 days' rest in any 28-day period.
3, A(a), 5. 1 Minimum wage is set for 6-day week.
6. Maximum 6-day week.
1
For scope, see under " Rest periods during working day ", Nos. 3-5.
HOURS OF WORK
141
ARGENTINA
A.—LEGISLATION
1.
Act No. 11317 of 30 Sep. 1924 : Employment of women and
young persons, sees. 5, 7 and 8.
2. Act No. 11544 of 12 Sep. 1929 : 8-hour dav ; Regulations of 11 Mar.
1930 and 16 J a n . 1933 and resolution of 14" J u n e 1930 : Employment
of W.
3. Decree No. 62393 of 21 J u n e 1935 : Sunday rest dav, sec. 25.
4. Act No. 4661 of 31 Aug. 1905 : Sunday rest ; Act No. 11640 of 7 Oct.
1932 : English week and regulations 16117 of 16 J a n . 1933 and
61907 of 11 J u n e 1935.
5. Decree No. 91395 of 29 Sep. 1936 : Hours of work and of rest in
hotel industry, sec. 11.
6. Decree No. 111370 of 4 Aug. 1937 : Hours of work and rest periods
in hospitals, sec. 12, amended by Decree No. 115473 of 1 Oct. 1937.
Provinces of Argentina
Buenos Aires.
Act of 7 J a n . 1908 : Sundav rest, sec. 2 (3) and Decree
No. 1030 of 14 Feb. 1936, sec. 4.
Cordoba. Act No. 2328 of 7 Oct. 1907 : Sunday rest, as amended by
the Acts of 24 J u n e 1914 and 5 May 1925 : sec. 3.
Enlre Rios. Act Ño. 2070 of 31 Oct. 1906 : Sunday rest and Administrative Decree of 17 Dec. 1906, sec. 5.
Jujmj.
Act No. 682 of 28 July 1925 : Hours of work, sec. 3.
Mendoza.
Act of 31 Dec. 1932 : English week, and regulation of 9 Feb.
1933, sec. 5.
Sania Fé.
Act No. 2438 of 2 J a n . 1935 : Weekly rest, sees. 7 and 8.
San Luis.
Act No. 646 of 12 July 1915 : Sunday rest, sec. 3 and
regulation of 4 Aug. 1915.
Tucuman.
Act of 26 Dec. 1932 : AVeekly rest, sec. 4.
B.—WORKING HOURS
1.
In industry and commerce : W : 8 h. daily, 48 h. weekly (home
work prohibited).
2. In all public and private undertakings, also if not conducted for
profit : M and W : 8 h. daily, 48 h. weekly (6 h. and 36 h. in unhealthy
industries) (excluding agriculture, domestic service and members
of family of head of undertaking).
2. Permanent and temporary exceptions : M : under certain circumstances ; VV : exceptions to daily b u t not to weekly limit.
C.—MINIMUM R E S T P E R I O D S
During
1.
Working
Day.
In industry and commerce : W : 2 h. at noon for W who work both
morning and afternoon ;
5. In hotels, restaurants, pastry shops, cafés, bars, etc., in the Federal
Capital : W : (a) 2 h., preferably between 11 a.m. and 3 p.m. or after
3 p.m. if eleven consecutive hours intervene between the periods of
142
THE LA.W AND WOMEN'S WORK
employment on successive days, (b) W may not remain during rest
periods in the establishments where they are employed, unless lodged
or given their meals there or provided with a rest-room.
6. In hospitals in the Federal Capital : W (a) 2 h. between noon and
4 p.m. ; (b) as in 5 (b).
Weekly
3.
In theatres and cinemas in the Federal Capital and in national
territories ;
4. and for manual workers in industry and commerce, excluding domestic
service, in the Federal Capital : M and W : Saturday from 1 p.m.
and Sunday.
3. Exceptions : M : various ; W : except in following cases (a) Sundays
for revision of cinematograph films and work in cloak rooms and
toilets, if compensatory rest periods are accorded ;
4. (b) by decree, if required by custom or exigency of the trade
(allowed for the ice industry and preparation of conserves) ; (c) for
manual work in hospitals, sanatoria, clinics, hotels, pensions and
bathing establishments if compensatory rest periods are accorded.
Provinces of Argentina : For manual workers in industry and commerce
(excluding domestic service).
Buenos Aires.
midnight.
M
and
Cordoba.
Enire Rios.
Mendoza.
San Luis.
IV :
Jujuy.
from
Saturday
midnight
to
Sunday
Sunday.
Saturday after 12 o'clock and Sunday.
Santa Fé. Tucuman.
Saturday after 1 p.m. and Sunday.
Exceptions : M : various. W : none (except in Province of Buenos
Aires for telephone service, in Mendoza as 4 (b) above and in Santa Fé
by decree as 4 (b) and (c) above).
AUSTRALIA
A.—LEGISLATION
New South Wales. Factories and Shops Act, 1912-1936, No. 37, of 1936,
sees. 42, 43, 46 and 154 and proclamation of 26 July 1932.
Queensland.
1. Factories and Shops Act, 1900-1920, sees. 4 and 46.
2. lb. Sees. 50, 54 and 55.
South Australia.
Industrial Code Amendment Act No. 1720, 1925,
sees. 340, 343, 355 and 359.
Tasmania.
1. Factories Act 1910-1911, sees. 4 and 5 h
2. lb. Shops Act : No. 29 of 1925, sec. 17.
Victoria. Factories and Shops Act No. 3,677, of 1929, sees. 3, 35, 38,
and 121 as amended by No. 4,275 of 1934, sec. 2.
Western Australia.
Factories and Shops Act No. 44 of 1920, sees. 4, 32,
35, 37, 39, 41-43 and 125 as amended by Act No. 6 of 1932.
B.—WORKING HOURS
New South Wales. Factories, laundries and dye works using mechanical
power ; bakeries, shipyards, docks and other specified classes of
HOURS OF WORK
143
establishments ; and manufacturing establishments to which the
Governor declares the Act to apply : W : 44 h. weekly (excluding
buildings used for manufacture of dairy produce or for sheep shearing
or wool storing ; ships).
Temporary exceptions : 3 h. overtime or not more than 3 days in
succession, 24 days a year, to meet the exigencies of industry : with
ministerial consent, 48 days a year. Pay at advanced rates for overtime and additional small lump sum for work before 7 a.m. or after
6.30 p.m.
Queensland.
1.
Factories (widely defined) employing two or more persons or any
person of Asiatic race, or using mechanical power, any person doing
in a laundry work usually performed by W. W : 10 h. in any 24 ;
48 h. weekly (excluding premises used exclusively for agricultural
purposes or manufacture of dairy produce, mines, ships, prisons and
certain other institutions).
Temporary exceptions : W : W i t h written permission of inspector
(in case of sudden and unforeseen pressure of work, 10 times a year
with subsequent notification of inspector) for 3 h. overtime o n ' n o t
more than 2 days in succession, 40 days in a year, within total working
weeks of 56 h., if not after 9.30 p.m. or on a half holiday.
2.
lb. Shops with certain exceptions : M and W : 9 yz h. daily ; 53 h.
weekly.
Temporary exceptions : M and IV : On various conditions with pay
at advanced rates for overtime. W : Additional condition of small
lump sum payment.
Soulh Australia.
I, Factoriesof every kind including laundries, quarries
and power plants : W : 10 h. daily, 48 h. weekly (excluding medical
dispensaries, and dental and chemical laboratories).
II. Type-setting in printing offices : W : 8 h. daily.
Temporary exceptions : I and I I . To meet unforeseen pressure
of work if total weekly hours do not exceed 55 and overtime 100 h.
in a year. Pay at advanced rate for overtime. Minister may suspend
hours regulations for two months at a time for any class of factory
or any factory.
Tasmania.
1.
I. Factories employing four or more persons including the occupier
or any person of Asiatic race, or using mechanical power of more
than 1 horse power, all bakeries, quarries, clay pits and power plants
M and W : 10 h. daily ; 48 h. weekly (excluding ships, mines,
quarries, premises used for agricultural, horticultural and like purposes,
prisons and certain other institutions).
II. Type-setting in printing offices : W : 8 h. daily.
Temporary exceptions : I W : (a) 7 h. overtime a week and 200 a
year. M and W : P a y at advanced rates for overtime, (b) No
restrictions on overtime in factories handling fresh fruit or other
perishable raw materials, between 1 Dec. and 30 April.
II. W : as in (a) above.
2. Shops of all sorts including hairdressing establishments : W : 9 h.
daily, 52 h. weekly.
Permanent exceptions : W : 12 h. on one day a week when shop
is .closed for a public holiday on a day other than Saturday on two
days in a week.
Temporary exceptions : W : To meet unusual pressure of work 3 h.
overtime a day on 40 days a year (without reference to number
of days in any week).
144
THE LAW AND WOMEN'S
WORK
Victoria.
I. Factories employing four or more persons or any Chinese
person, or using mechanical power of more than % horse power :
W : 10 h. daily ; 48 h. weekly.
II. Various kinds of food shops, bookshops, and certain other
shops, hotels : W : 56 h., M : 58 h. weekly.
Temporary exceptions : I. W : To meet unforeseen pressure
of work with consent of employees 57 h. a week for 8 weeks in a year,
provided daily hours do not exceed 10 and work is not after 9 p.m.
Ray at advanced rates for overtime.
Western Australia.
I. W and persons of Asiatic race in factories
employing four or more persons or any Asiatic person, or using
mechanical power of more t h a n 1 horse power ; laundries, bakeries,
quarries and other specified premises : 8 y2 h. daily ; 44 h. weekly
(excluding ships, mines, collieries, premises used for agricultural,
pastoral and like purposes, prisons, and certain other institutions).
II. Shops : W : 8 % h. daily ; 44 h. weekly.
Temporary exceptions : I. (a) Working day may be 9 h. by
Ministerial notice, (b) Two hours' overtime a day if not on consecutive days, not more t h a n two days a week, n o t on holidays or halfholidays, and not more than 52 days a year. Conditions, except
the last one, need not be observed between 1 Jan.-l April in fruit
canning and drying, and j a m factories, or between 1 Sep. and 1 Feb.
in condensed milk and milk products factories other t h a n butter
factories, and may be suspended for any industry by Order in Council.
W working overtime must be given a meal or paid 1 s. before ordinary
closing time.
II. 9 y2 h. on one day a week.
C.—MINIMUM R E S T P E R I O D S
(Scope as defined under B.—Working Hours)
During
New South Wales.
Working
Day
W : Not more than 5 h. without a break of % "•
Queensland.
1 and 2. W : As in New South Wales.
1. W : Breaks at the same times for all IV unless inspector grants
written exemption.
South Australia.
I. and I I . W : As under 1 above. Exception : may
be suspended by Minister when exigencies of trade require.
2.
Tasmania.
Victoria.
W : Not more than 5 h. without a break of % h.
As under 1 above.
Weekly
1.
Queensland.
W : from 1 p.m. on Saturday or on some other day
of each week and on Sunday.
Western Australia.
I. W : From 1 p.m. on Saturday or some alternative
day (in districts where shops close on Saturday afternoon the short
day must be Saturday).
Holidays
Western Australia.
W : 8 specified holidays on full p a y ; the Monday
following when the holiday falls on Sunday.
145
HOURS OF WORK
AUSTRIA
A.—LEGISLATION
Act of 17 Dec. 1919 : S-Hour day, amended by Order of 31 May 1933
and Order of 28 J u l v 1920. Exception, amended by Order of 1 J u n e
1933.
B.—WORKING HOURS
In industrial and commercial establishments and in other remunerative employments subject to the provisions of the industrial code:
M and W : 8 h. daily ; W : see " Weekly Rest Periods " ; M : 48 h.
weekly, W : 44 h. weekly (excluding salaried employees holding
positions of management or employed in a confidential capacity).
Permanent exceptions : to daily limit : M and W : under various
circumstances ; to weekly limit : W : (a) undertakings in which
observance would involve a corresponding reduction in men's working
hours or disadvantageously affect employment of W ; (b) commercial
undertakings, hotel?, restaurants and hairdressing establishments.
Temporary exceptions : to doily limit, as in " Permanent exceptions ".
C.—MINIMUM R E S T P E R I O D S
(Scope as defined under B . — Working Hours)
Weekly
W : Saturday, from noon on.
Exceptions : as to weekly limit in " Working Hours " and also in
the millinery trade.
M and W : Sunday.
BELGIUM
A.—LEGISLATION
1.
Employment of Women and Children Acts, consolidated by Order of
28 Feb. 1919, sees. 1 and 6, amended by sec. 31 of Act of 14 J u n e 1921 :
Eight-hour day. 1
2. Act of 17 July 1905 : Sunday rest in industrial and commercial
establishments, amended by Act of 24 July 1927, sees. 9 and 10.
B.—WORKING HOURS
1.
In industrial undertakings; certain types of commercial undertakings (including hotels) and offices ; land and water transport ;
undertakings classified as dangerous, unhealthy or offensive (including
family workshops) ; family workshops using mechanical power :
law applies to both public and private undertakings including those
providing occupational training
or conducted for charitable purposes :
W under 21 : 10 h. d a i l y 1 (excluding specified classes of undertakings,
namely home work).
1
The Act of 1921 respecting an 8-hour day applies indiscriminately to men and women ;
the provision of the earlier Act of 1919 which establishes a 10-hour day for women under
21 years of age is therefore only effective in limiting the hours of employment of such
women when working overtime under the exceptions authorised by the later Act. The
later Act provides that the 1919 Act shall apply to all employments to which the 1921 Act
is applied and progressive extension of the 1921 Act by regulations, therefore, carries with
it the limitations on overtime effected by the provisions of the earlier Act.
10
146
THE LA.W AND WOMEN'S
WORK
C.—MINIMUM R E S T P E R I O D S
During
Working
Day
(Scope as defined under B . — " Working
1.
Hours ")
W under 21 : 1 h. during 8 h. of work ; 1¡4 during a work period
of from 8 h. to 9 h. ; 1 % h. during a work period of more t h a n 9 h . ;
under a shift system, % h.
Weekly
2.
In industrial and commercial establishments, excluding water
t r a n s p o r t ; fishing; undertakings operating in connection with fairs :
M and W : Sunday.
Exceptions : Adult M and W : under various conditions. W under
21 : on condition t h a t time for church attendance is allowed and
y2 day off given every 7 days or a full day every 14 days. (In certain
types of industrial undertakings covered by the Act of 13 Dec. 1889,
exceptions are only permissible for urgent or continuous work and with
authorisation.)
BOLIVIA
A.—LEGISLATION
Regulation (undated) published Mar. 1930, under Supreme Decree
of 21 Sep. 1929 : Protection of Women and children in industry ;
sec. 9.
B.—WORKING HOURS
No special provisions for W.
C—MINIMUM REST PERIODS
During Working Day.—In telephone and telegraph services requiring
intense and prolonged attention : W : 15 minutes every 2 h.
BULGARIA
See colum.i VI of Maternity Table.
CANADA
A.—LEGISLATION
Alberta.
Hours of Work Act, No. 5, 1936.
British Columbia.
Factories Act, 1936, chap. 92, sees. 2, 3, 6, 12, 13,
14 and (for M and W) Hours of Work Act, 1936, chap. 122.
Manitoba.
1. Factories Act : Revised Statutes, 1913, chap. 70, sees. 2, 3, 13-15.
2. Shops Regulation Act : Revised Statutes, 1913, chap. 180, sees. 20
and 24.
New Brunswick.
Factories Act : Statutes, 1937. To come into force
on proclamation.
Nova Scotia. Factories Act : Revised Statutes, 1923, chap. 160 (sees. 2,
3, 16-18) as amended by Factories Act, 1931, chap. 45, sec. 1.
HOURS OF WORK
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147
Ontario. Factorv, Shop and Office Building Act : 1932, chap. 35,
sees. 2, 30, 32 and 33.
Quebec. Industrial and Commercial Establishments Act : Revised
Statutes, 1925, chap. 182. as amended by chap. 55 of 1934, sec. 10
and chap. 63 of 1935, sec. 1.
Saskatchewan. Factories Act, 1930, chap. 220, sees. 2, 11 and 12.
B.—WORKING HOURS
Alberta.1 Any industry, trade or occupation M and W : 8 h. daily ;
M and W : 48 h. weekly (excluding farming and domestic service).
Permanent exceptions : Persons holding confidential, managerial
or supervisory posts.
British Columbia.2 Factories and workshops of every sort, including
places where home work is done with the use of mechanical power
and by others than the members of a family living in the place where
the work is done ; premises to which the Act is made applicable by
the Lieutenant-Governor in Council, M and W : 8 h . daily ; M and W :
48 h. weekly (excluding factories where fewer than 3 people have been
employed).
Permanent exceptions : M : various. W : to make a shorter work
day on one day of the week.
Temporary exceptions : M : various. W : subject to regulation :
fa) in case of stoppage due to cause outside control of employer,
where exigencies or customs of certain trades require, with permission
of inspector, up to 9 h. a day (and 54 a week) on 36 days in a year,
if not before 7 a.m. or after 8 p.m. (b) canning or curing fish and
fruit (and fruit packing) during season.
Manitoba.
1. Factories including dwellings where mechanical power is used and
others than members of the same family are employed ; laundries
owned or operated by Chinese ; listed types of premises when employing
3 or more persons ; other premises to which the Lieutenant-Governor
in Council declares the Act applicable, W : 9 h. daily ; 54 h. weekly
(excluding any type of premises to which Lieutenant-Governor in
Council declares Act inapplicable).
Permanent exceptions : As for W in British Columbia.
Temporary exceptions : On same conditions as in British Columbia :
up to 12 h. a day (60 a week) on 36 days in a year, if not before 7 a.m.
or after 10 p.m.
2. Shops : W : 14 h. daily, 60 h. weekly.
Temporary exceptions : (a) In case of emergency up to 70 h. a
week ; (b) between 8 a.m. and 10 p.m. on the day preceding a statutory
holiday and 14 to 24 Dec. inclusive.
New Brunswick. Factories employing 10 or more persons, factories
using mechanical power, including dwellings in which mechanical
power
is used and others than members of the same family are employed ;
1
The Board of Industrial Relations may, with the approval of the Lieutenant-Governor,
laundries,
W : 10 orh.permanent
daily ; 50
h. weekly
(excluding
lobster,
fish trades
and
make
various temporary
exemptions
(for raen
and women)
in seasonal
canning,
unlessordeclared
by the ofLieutenant-Governor
in determine
Council
or fruit
on continuous
processes
to meet pressure
work ; the Board may also
resttoperiods
and reduce,
below the general maximum, the hours permitted for any employee.
be under
the Act).
* The Minimum Wage Board may fix maximum hours for any class of female employees
Permanent
exceptions
As forMinimum
W in British
for which
it sets minimum
wages. : (Female
Wage Act,Columbia.
1934, chap. 52, sec. 20.)
148
THE LAW AND WOMEN'S WORK
Temporary exceptions : W : On same conditions as in British
Columbia ; up to 12 h. a day (68 a week) on 36 days in a year, if not
before 7 a.m. or after 9 p.m.
Nova Scotia. Factories using mechanical power ; cleaning and dyeing
establishments ; other premises to which the Lieutenant-Governor
in Council declares the Act applicable. W : The law itself does not
fix standard maximum hours but only a limit which is not to be
exceeded when overtime is allowed by permission of the inspector ;
standard maximum hours are established by the Board of Adjustment,
subject to the approval of the Lieutenant-Governor (excluding any
undertaking or part thereof exempted (permanently or temporarily)
from application of whole or part of the Act by Lieutenant-Governor
in Council).
Temporary exceptions : On same conditions as in British Columbia :
up to 12% h. a day (72% a week) on 36 days in a year if not before
6 a.m. or after 9 p.m.
Ontario. Factories, bakeshops, laundries, etc. ; shops and office buildings, W : 10 h. daily, 8 on a shift system ; 60 h. weekly (excluding
factories where no mechanical power is used and not more than
5 persons are employed ; restaurants and dining rooms of licensed
or standard hotels).
Temporary exceptions : As in Nova Scotia.
Quebec. I. Industrial establishments of all sorts and their dependencies,
including domestic workshops in which only members of the same
family are employed if they are classified as dangerous, unwholesome
or incommodious or mechanical power is used therein ; II. Commercial
establishments in towns of over 10,000 inhabitants; III. Industrial
establishments where work is on a two-shift système (excluding
premises exempted by regulation). W : I. 10 h., III. 8 h. daily;
I. 55 h., II. 60 h. weekly.
Temporary exceptions : I and II. Inspector may, with sufficient
reason, permit 12 h. a day or 65 a week for 6 weeks (between 6 a.m.
and 9 p.m.) I. The 60 h. week need not be observed in the 2 weeks
before New Year's Day, but work must fall between 7 a.m. and 11 p.m.
and on the nights just preceding Christmas and New Year's Day
(and Easter) cannot extend beyond 10 p.m.
Saskatchewan. All factories where more than 3 persons are employed,
including dwellings where mechanical power is used or others than
members of the same family are employed : W : 48 h. weekly.
Temporary exceptions : As in Nova Scotia, except that overtime
work may not be before 7 a.m. or after 10 p.m.
C.—MINIMUM REST PERIODS
(Scope as defined under B.—Working Hours)
During Working Day
British Columbia. W : (a) 1 h. at noon ; (b) if overtime is worked
after 7 p.m. an additional hour between 5 p.m. and 8 p.m.
Manitoba.
1. W : as in British Columbia (a) and (b) except that supplementary
meal period may be of % h. only.
2. W : as in No. 1, except that extra meal period must be before
7 p.m.
HOURS OF WORK
149
New Brunswick.
M and W : Not more than 6 h. work without a rest
period of 1 h. Exception : if factory operates on shifts of 8 h. or less,
employees may work the full shift without intermission.
Noua Scotia.
W : as in Manitoba
No. 1.
Onlario. W : (a) as in Manitoba No. 1 ; (b) When a double shift is
operated, not less than one hour for a noon-day meal between 10 a.m.
and 12 noon or an evening meal between 6 p.m. and 8 p.m.
Quebec.
W : 1 h. at noon if inspector so directs.
Saskatchewan.
W : As in Manitoba
No. 1.
CZEGHO-SLOVAKIA
A.—LEGISLATION
Act of 19 Dec. 1918 : Eight-hour dav, Order of 11 J a n . 1919 and
Circular of 21 Mar. 1919.
B.—WORKING HOURS
M and W : Identical provisions.
C.—MINIMUM R E S T P E R I O D
During
Working
Day
(As under B . — " W o r k i n g H o u r s ' ' )
Weekly.—In
undertakings covered by the Industrial Code (i.e.
industry, commerce and wage-earning employments generally) ; in
mines ; in agriculture and forestry : wage-earners living outside the
home of the employer. Law applies to all undertakings public or
private, including those conducted for charitable or public purposes,
M and W : 32 h. which must include Sunday ; W in factories : from
2 p.m. on Saturday (excluding home work which is not a continuation
of shop work).
Exceptions: W: Work allowed on Saturday after 2 p.m. if the operation of the factory requires the service of W workers, provided
weekly hours do not exceed 48 (allowed for in laundries, the making
of mourning garments, making of seltzer water, preparation of dried
vegetables, canneries, dairies, sugar factories and refineries and
printing establishments).
EGYPT
A.—LEGISLATION
Act No. 80 of 17 Rabi Awal 1352 (A. D. 1933) : Employment of
Women in industry and commerce, sees. 1-4, 7 and 9.
B.—WORKING HOURS
In industrial and commercial establishments, archaeological excavations, ships, hotels, restaurants, theatres, etc. : W : 9 h. daily
(explicitly excluding agriculture).
Temporary exceptions : W : (a) Up to 11 h. a day on 30 days a
year, to make up time accidentally lost by collective stoppage ; (b) to
prevent loss of perishable materials, provided notice is given to the
authorities.
150
THE LAW AND WOMEN'S WORK
C.—MINIMUM R E S T P E R I O D S
(Scope as defined under B . — " Working Hours ")
During Working Day.—W : Not more than 5 h. of work without a
break ; one or more breaks, during a day, totalling 1 h.
Weekly.—W
: 24 consecutive hours.
FRANCE
A.—LEGISLATION
1.
2.
Labour Code, Book II, sees. 14-17, amended by Act of 30 J u n e 1928.
Decree of 5 May 1928 applying sec. 17 of Book II of Labour Code,
sec. 3.
3. Act of 21 J u n e 1936 : Forty-hour week (has been made applicable
to certain French colonies). Application of Forty-Hour Week Act.
4. Decree of 27 Oct. 1936 (metal industry).
5. Decree of 17 Nov. 1936 (textile industry) (made applicable to
Algeria by the Decree of 8 J u n e 1937).
6. Decree of 19 May 1937 (biscuit factories).
7. Decree of 31 Mar. 1937 (banks and insurance undertakings).
8. Labour Code, Book II, Chap. IV : weekly rest, sees. 40, 41, 43, 48,
52 and 53 (sec. 52 as amended by Act of 30 J u n e 1928) and Decree of
29 Apr. 1913: List of undertakings in which weekly rest periods for W
may be suspended under sees. 45-47 of the above chapter.
French Possessions
Algeria.
1. Decree of 15 J a n . 1921 : Application of Book II of the French
Labour Code, sees. 14-17, and Decree of 23 Oct. 1933 : Application of
the Act of 30 J u n e 1928 amending Book II of the French Labour Code.
2. Decree of 14 Feb. 1921 applying to Algeria the Decree of 30 J u n e
1913 defining sees. 17 and 23-26 of Book II of French Labour Code.
3. Decree of 15 J a n . 1921 : Application of Book II of the French
Labour Code, sees. 40, 41, 43, 48, 52 and 53, and Decree of 14 Feb.
1921 : Application of the Decree of 29 Apr. 1913.
See also France No. 5.
Morocco.
1. Dahir of 13 July 1926 : Employment in industrial and commercial
establishments, amended by Dahir of 22 May 1928, sees. 5 and 6.
2. Order of the Vizier of 7 July 1928 : Exceptions from provisions on
rest periods and working hours for W.
Tunis.
Decree of 15 J u n e 1910 : Employment in industrial and commercial establishments, sees. 2, 3 and 6.
Guadeloupe. Decree of 7 Sept. 1913 : Application of Book II of the
French Labour Code, sees. 6-11 and 15.
Guiana. Decree of 7 Feb. 1924 : Application of Book II of the French
Labour Code, sees. 6-11.
French Establishments in India.
of employment, sec. 30.
Decree of 6 April 1937 : Conditions
Indo-China.
Decree of 24 Feb. 1937 : Employment of Europeans,
sees. 58, 59 and 64. 1
1
Orders of the Governor-General are to fix the dates and conditions of enforcement
of the provisions of this decree respecting hours of work to the various occupations, industries
and forms of commerce throughout the colony or in specified regions.
HOURS
OF
WORK
151
Martinique.
Decree of 12 Feb. 1913 : Application of Book II of the
French Labour Code, sees. 6-11 and 15.
New Caledonia. Decree of 5 Oct. 1927 : Application of Book II of the
French Labour Code, sees. 6-11 and 15.
Reunion.
Decree of 22 May 1916 : Application of Book II of the French
Labour Code, sees. 6-11 and 15.
French Somaliland.
Order of 7 Mar. 1929 : Female coffee sorters in
Jibuti, sees. 1 and 2, amended by Order of 25 J u n e 1929.
See also France No. 3.
French
Mandates
Lebanon.
Act of 17 April 1935 : Employment of children and women
in industry, sees. 11, 12, 14 and 15.
Syria.
Decree No. 32 of 14 J u n e 1936 : Employment of children and
women in industry, sees. 11, 12, 14 and 15.
B . — W O R K I N G HOURS
1.
France, 1. Algeria, 1. Morocco. In industrial and commercial
establishments and their dependencies, whether public or private,
secular or religious, including those giving occupational training or
conducted for benevolent purposes (in Morocco also offices) : W : 10 h.
daily. 1
Temporary exceptions : By permit, in industries designated by
regulations, i.e. :
2. France. Butter, cheese and milk factories, fish canneries. 2
2. Algeria,
(a) without specific limit in some fifty industries ;
(b) 12 h. a day on 60 days a year in the making of mourning hats
and garments.
2. Morocco. 12 h. a day may be worked in 34 industries, including
butter and cheese factories, laundries, brick-yards, manufacture of
shoes, hats ; canneries, printing plants, etc., and in commercial undertakings such as hotels, restaurants, retail trade (during holiday seasons)
and wholesale trade (at the time of taking inventory).
Tunis, Guadeloupe, Guiana, Martinique, New Caledonia, Reunion.
In
any manufacturing and mechanical establishments, production plants,
workshops and yards, mines and quarries, and their dependencies
(in Martinique mines are not included) : W : 10 h. daily (in Tunis
M and W : 10 h. daily).
Permanent exceptions : in Tunis only : M : under various circumstances by order ; W : under a shift system the work of each shift
must be continuous except for the interruption of rest periods.
Temporary exceptions (except in Tunis) : W : by authorisation of
inspector : 12 h. a day for 30 days in a year, or more days by special
decision of the Governor.
3. France.'
In industrial, commercial and handicraft establishments,
co-operatives and their dependencies, whether public or private,
1
This provision was established by an Act of 1892 applying to women and minors only.
Subsequent legislation established much shorter normal maximum hours for workers of
both sexes and all ages. The 10-hour limit for women's work, laid down in the earlier Act
has not, however, been repealed ; it limits still the overtime employment of women under
the exceptions in the later Act, in the very rare cases where a longer overtime may be permitted.
' These exceptions were only valid until the coming into operation of the administrative
regulations applying the 8-h. Day Act (subsequently amended by the 40-h. Week Act)
to the industries in question.
1
This law has been made applicable to certain French colonies.
152
THE LAW AND WOMEN'S WORK
secular or religious, including those giving occupational training
or conducted for benevolent purposes (also public hospitals and asylums for the insane) : M and W : 40 h. weekly.
The Forty-Hour Week Act is applied to the different branches of
work by separate administrative regulations. Following are four
examples :
4. France. In establishments working with ordinary and fine metals,
working up metallic residue or cutting precious stones ; certain
branches of the chemical industry ; other specified industries (salaried
employees included) : M and W : 8 h. daily, 40 h. weekly (excluding
work on heating and ventilating systems, manufacture of metal
building materials and locksmith work which are directly connected
with building construction).
Permanent exceptions : Adult M and W : (a) for medical and social
services ; (b) for timekeeping and similar work, and for cleaning
of premises. Adult M only : 15 other classes of employment..
Temporary exceptions : identical for M and W.
5. France, Algeria.
In establishments, parts of establishments, and
ancillary workshops where specified operations of the textile industry
are performed (salaried employees included) : M and \V : S h. daily,
40 h. weekly.
Permanent exceptions : Adult M and W : (a) for cleaning of
machinery and looms and other production equipment; (b) for cleaning
of spinning machinery in cotton mills ; (c) for oiling of spinning
machinery in wool spinning mills ; (d) for medical and social services ;
(e) for time-keeping and similar work, and for cleaning of premises ;
adult M only : 10 other classes of occupations.
Temporary exceptions : identical for M and W.
6. France. Employees of biscuit, candy and chocolate factories,
fruit and vegetable canneries, etc. (excluding retail shops connected
with the undertakings covered by the decree) : M and W : 8 h.
daily, 40 h. weekly.
Permanent exceptions : Adult M and W : for six categories of
employment (i.e. work of foremen of shifts and in the unexpected
absence of their substitutes ; overseeing of repair work ; work which
cannot be interrupted ; medical and social service, timekeeping, etc. ;
cleaning, etc.) M only : for six other categories of employment (i.e.
tending ovens, loading and unloading; watchmen's work, etc.).
Temporary exceptions : identical for M and W.
7. France. Employees of banks and financial institutions, insurance
undertakings and savings societies : M and W : 8 h. daily, 40 h. weekly.
Permanent exceptions : Adult M and W : for four categories (i.e.
work of watchmen, work of timekeepers ; attendants and removers ;
cleaning of premises ; medical and social services). Adult M only :
one category of employment (i.e. lighting, heating and power, and
elevator service, etc.).
Temporary exceptions : identical for M and W.
Indo-China.
Europeans and those assimilated to Europeans in treatment who are employees of industrial and commercial establishments
and their dependencies : M and W : 8 h. daily, 48 h. weekly.
Temporary exceptions : W : on one day, for work urgently necessary
to prevent accidents or repair damages caused thereby. M : no
defined conditions.
Somaliland.
Female coffee sorters in the town of Jibuti : 8 h. daily.
Lebanon, Syria.
In production plants and manufacturing establishments,
mines and pits, quarries, yards and workshops, with their dependencies:
W doing manual work : 8 h. daily (excluding agricultural and commercial undertakings (in Syria workshops are not included.)).
HOURS OF WORK
153
C.—MINIMUM R E S T P E R I O D S
During
Í
/
)
I
)
\
i
,'
0
)
1
i1
\
)
>
\
Working
Day
(Scope of various laws as defined under B . — " Working Hours ")
1.
France, Algeria. 1 and 2. Morocco, Guadeloupe, Guiana,
Martinique, New Caledonia, Réunion. W : (a) one or more breaks,
totalling at least one hour to be given to all W at the same time
or times (certain exceptions) (in Morocco rest-periods may be
given to each W at a different hour in the following commercial
establishments : station buffets, hotels, places selling newspapers,
pastry shops, restaurants, tobacco shops, telegraph and telephone
offices) ; (b) work in relays prohibited except in factories where fires
must be kept up continuously, and in establishments exempted by
regulation ; where work is on a shift system the work of each shift
must be continuous except for the breaks allowed for rest periods 1
(in Morocco, no break required if the working day is not longer than
seven hours).
Tunis.
M and W : one or more rest periods totalling 1 h. Exceptions
allowed for M.
Somaliland. • Female coffee sorters in the town of Jibuti : three h.,
near mid-day, preferably between 11 a.m. and 2 p.m. Exception :
if the workers live at a distance or to avoid disorganisation of work :
continuous work from 6 a.m. to 3 p.m. with a % - b . break at mid-day.
Lebanon, Syria.
W doing manual work : one or more rest periods
totalling at least 1 h. with not more than 4 h. without a break.
Weekly
(Scope as defined under B . — " Working Hours " ) x
8.
France, 3. Algeria.
M and W : 24 h. on Sunday.
Exceptions : M and W : in various circumstances with the following
restrictions : (a) for female minors the Sunday rest may not be suspended for urgent work in case of accident, or reduced to y2 day for the
tending of generators or power machines, or oiling or inspection of
transmission or cleaning of premises ; (b) for W of any age it is not
permitted to substitute two half days for Sunday, as is permitted for
men, in establishments having less t h a n five employees, where rest
periods may be staggered.
The following exceptions may only be applied to W in the industries
listed in the Decree of 29 April 1913 : (a) permit of deduction of time
spent in involuntary idleness from the period of the weekly rest, in
undertakings in which work must be suspended in bad weather
(five categories) ; (b) permit of suspension of rest 15 times a year,
provided compensatory free time is given twice a month, in undertakings using perishable materials and in those which must on occasion
deal with a special rush of work (50 categories).
Guadeloupe, Guiana, Martinique, New Caledonia, Réunion.
Scope as
defined under B . — " Working Hours " : W : Sunday.
Lebanon, Syria. Scope as defined under B : W doing manual work :
24 consecutive h.
Holidays
8.
France.
In works, factories, mines, open workings and quarries,
yards, workshops and their dependencies : W may not be employed
on statutory public holidays, even in putting the workplace in order.
1
In a large number of decrees applying the 40-h. week, the provisions of (b) have been
established for both sexes.
154
THE
LAW AND WOMEN'S WORK
Exception : adult W in factories where fires must be kept up continuously if they get one rest day a week.
Guadeloupe, Guiana, Martinique, New Caledonia, Réunion.
Scope as
defined under " Working Hours ", see B : W : Statutory public
holidays.
French Establishments
in India.
In manufacturing establishments,
workshops and yards, and their dependencies : W : Statutory public
holidays.
GERMANY
A.—LEGISLATION
1.
2.
Order of 26 J u l y 1934 1 : Hours of work, sees. 17-19, 21-23.
Order of 29 J u n e 1936 : Bakeries, sec. 13.
B.
WORKING HOURS
1.
Manual workers in industrial undertakings, including transportation
and mining and industrial enterprises connected with agriculture ;
office employees and technicians employed by businesses and administrations of all sorts including those not conducted for profit : M and W :
8 h. daily (excluding workers employed in marine and aerial transport ;
salaried employees of agricultural and forestry undertakings, and
associated industrial establishments: agents and employees in positions
of management, especially if their annual wages exceed the maximum
for liability to compulsory insurance).
2. Bakers and confectioners in industrial establishments, restaurants,
etc. : M and W : 8 h. daily.
1 and 2. Permanent exceptions : W : (a) under the condition, in
undertakings employing 10 or more workers (or by ministerial order
in all undertakings), t h a t work does not exceed 10 h. a day (8 on
Saturday or the days before holidays) or more by ministerial authorisation ; all overtime conditional on no supplementary work being given
t o employees to do outside the undertaking ; (b) daily allowance of
1 h. overtime for preparatory or finishing work. See also maternity
table, columns V I I I and IX. M : (a) Under various circumstances,
usually also up to 10 h. a day, but subject to conditions less strict
t h a n those applying to W ; (b) with allowance of 2 h. for (b) above.
1 and 2. Temporary exceptions : W : (a) as in (a) above. ( b) More
t h a n 10 h. with ministerial authorisation : within a 58-h. week for
work in continued industries which must be done on an irregular
shift system, and in seasonal industries ; up to 12 h. a day (8 on
Saturdays) on 40 days a year in industries having peak seasons ;
where night work is necessary to prevent loss of raw materials.
(c) By special authorisation more than 10 h. after collective stoppage
due to accident, also in case of unusual pressure of work (12 h. a day
on 40 days a year). See also Maternity, columns V I I I and IX.
M : As above under " Permanent exceptions ".
C.—MINIMUM
REST
PERIODS
(Scope as defined under : B " Working Hours ")
During Working Day
1 and 2. Salaried employees : M and W : same regulations.
Manual Workers : W : (a) % hour during a working period of from
4 h. to 6 h. ; y2 h. or two breaks of % h- during a day of from 6 h. to
1
An Order of 30 April 1938, re-enacting the Order of 26 J u l y 1934, extends the scope
of t h e hours of work provisions to undertakings employing less t h a n t e n persons and —
with t h e exception of t h e Saturday afternoon rest — to women salaried employees. Rest
periods during working day are slightly changed.
HOURS OF WORK
8 h. ; 1 h. during a day of
responsibilities may leave
break if this is of less than
10 or more workers, or by
155
more than 8 h. (b) W having household
their work % h. in advance of the noon
1% h. duration, in undertakings employing
ministerial order in all undertakings.
Weekly
1 and 2. W : manual workers in undertakings employing more than
10 persons (or by ministerial order in all undertakings) from 5 p.m.
on Saturday.
Exceptions : W over 16 years of age, if they have no household
responsibilities and are not taking vocational training courses : until
8 o'clock on certain work.
Holidays
1 and 2. W : manual workers from 5 p.m. on days before holidays
(conditions and exceptions same as under " Weekly Rest Periods ").
GREAT BRITAIN AND NORTHERN IRELAND
A.—LEGISLATION
1.
Factories Act, 1937, chap. 67, sees. 70, 73, 75, 77-80, 82, 84, 89-96,
104-106, 110, 150-152, 158.
2. Coal Mines Act, 1911, chap. 50, sec. 92.
3. Employment of Women and Young Persons Act, 1936, chap. 24.
British
Possessions
Malta.
Factories Regulation Act No. X X I , 1926, sees. 3, 6 and 7.
Uganda. Employment of Women Ordinance No. 32,1932, sees. 2 and 7,
as amended by General Revision Ordinance No. 1 of 1936.
B.—WORKING
1.
HOURS
I. W employed in factories of any sort, public or private, including
establishments for washing, cleaning, baking, printing, production
of cinematograph films, storage of gas (not less than 5,000 cubic ft.),
railway lines not part of a railway system ; homework (where two or
more persons are employed with the agreement of the owner or occupier) ;
W working in or about ships, harbours and wet docks ; II. W working
in charitable or reformatory institutions in which manual work is
done on articles not intended for the use of the institution : 9 h.
daily ; 48 h. weekly. The Act stipulates that, except as otherwise
provided, the " period of employment " shall n o t exceed 11 h. ; the
" period of employment " is the " period (inclusive of time allowed
for meals and rest) within which persons may be employed on any
day ". I t must fall between the same hours for all W in any given
establishment (excluding W holding responsible positions of management who are not ordinarily engaged in manual work ;• cleaning
unconnected with any factory process ; performers and their attendants
in cinematograph studios ; "working about stages or dressing rooms
of theatres ; W in premises connected with mines or quarries. Ships'
crews and work on board ship during a trial run).
Permanent exceptions : I. (a) To deal with pressure of work :
in not more t h a n 25 weeks in a year, not more, in the undertaking,
than 6 h. a week or 100 h. in a calendar year ; for any individual total
working hours not to exceed 10 a day and the " employment period "
12 h. a day.
156
THE LAW AND WOMEN'S WORK
(b) Where regular working hours are scheduled for only 5 days
a week, the " employment period " may be 12 h. a day, regular
working hours 10 a day and overtime half an hour a day : if no overtime has been worked on the 5 regular working days, up to 4 % h.
may be worked on the 6th day, which shall count as overtime.
(c) In laundries and in the manufacture of bread and flour, confectionery and sausage, to meet, without overtime employment,
pressure of work recurring on particular days of the week, 10 h.
work and a 12-hour " period of employment " on 2 days a week
other than Saturday, without extension of total working hours.
(d) The Secretary of State may make special regulations :
(1) Respecting overtime work of individuals in factories in which
different sets of persons are necessarily employed overtime on
different occasions. Such regulations may not permit more than
75 h. overtime in a calendar year, or (except as they otherwise
specify) more than 6 h. overtime a week in 25 weeks in a calendar
year ;
(2) Reducing overtime for any industry for which, after
consultation with the interested employers' and workers'
organisations, he is satisfied t h a t it can be reduced without
serious detriment to the industry ;
(3) Regulating hours (i) in the making of cream, butter and cheese
and the treatment of fresh milk and cream for sale. (Law places
limit of 54 hours for working week except for cheese making during
season, for which limit is 60 h.), (ii) to meet special circumstances
of work in or about ships and wet docks and in harbours, and (iii) to
allow work necessary to prevent spoilage in preserving, canning
and curing fish and preparing fish for sale.
(4) To protect health or welfare of W employed on overtime.
II. For inmates of institutions the Secretary of State may approve
a scheme of hours submitted b y the managers, if not less favourable
to the inmates than the Act.
Temporary exceptions : I (a) For any process subject to seasonal
or other pressure, the Secretary of State may by regulation increase
the hours of work and " employment period " for not more t h a n 8
weeks in the year and aggregate overtime up to 150 hours in a year.
(b) Where exigencies of the trade, breakdown or other unforeseen
emergency require, the Secretary of State may increase aggregate
overtime or number of weeks in which overtime is allowable.
(c) The Secretary of State may : (1) in case of accident, or other
unforeseen emergency suspend application of the hours provisions of the
Act, but not so as to infringe any international convention ; (2) make
special regulations to allow work necessary to prevent spoilage in
preserving or canning of fruit or vegetables during J u n e , July, Aug.
and Sep. ; (3) as in (d) (4) " Permanent exceptions " ; (4) in case of
public emergency exempt any establishment belonging to the Crown
or any work being done on behalf of the Crown.
II. As under " Permanent exceptions ", II.
2. W employed above ground in coal mines and mines of iron-stone,
shale and fireclay : 10 h. daily ; 54 h. weekly.
3. W employed in factories on a shift system (special authorisation to
such employment is required) : 8 h. daily average, 48 h. weekly.
Permanent exceptions : Up to 10 h. a day if employment is but
5 days a week and for not more than 48 h. a week and 88 h. in two
weeks.
Malta.
Industrial etablishments where power machinery is used or
where 10 or more workers are employed, building and quarries :
W : 8 h. daily.
Uganda.
W : may be prescribed by Governor.
HOURS OF WORK
157
C.—MINIMUM R E S T P E R I O D S
(Scope as defined under B : "Working Hours ")
During
Working
Day
1.
I. (a) Not more than 4 % h- work without a break of at least % n Exceptions : work broken by an interval of at least 10 minutes may
be otherwise continuous for 5 h. (See also under B.—Working
Hours (1) " Permanent exceptions ", I (d) (3) (i) and (iii).
(b) Breaks must be at the same time for all W in any one factory.
Exceptions : By regulation : (1) Persons employed on continuous
processes ; (2) Employees exempted, because of special circumstances,
by the Secretary of State ; (3) Sets of persons employed on different
processes are to be successively accommodated in an eating room
maintained by the employer to the satisfaction of the inspector ;
(4) W employed in laundries.
(c) W may not be employed during rest period or outside the
" period of employment " either inside the factory or outside.
Exceptions : (1) Employment in shops to count as in the factory in
reckoning overtime. (2) As in (b) (4) above. (3) W who do not
work overtime may work during extra rest periods accorded overtime
workers.
II. As under B . — " Working Hours, 1, Permanent exceptions ", I I .
2.
Not more than 5 h. without a break of V> h. or 8 h. without a break
ofiy2h.
Malla.
W : Two or more totalling not less than 1 h.
Weekly
1.
2.
I. (a) Saturday : no work after 1 p.m. Exceptions : The Secretary
of State may, by regulation, where the customs or exigencies of the
trade require, allow some other day to be the short day for some or
all of the W employed.
Sunday : no employment whatever. Exceptions : (a) An employer
belonging to a religious body observing the Jewish Sabbath may treat
Saturday as Sunday and Friday or Sunday as Saturday in respect
of any employed W having the same Sabbath, (b) See under B . —
" W o r k i n g H o u r s " (1) " P e r m a n e n t e x c e p t i o n s " I (d) (3) (i) and
" Temporary exceptions " I (c) (1), (2) and (4).
No work Saturday after 2 p.m. and Sunday.
Malta.
W : 24 h.
Holidays
1.
I. Specified holidays. Exceptions : (a) under certain conditions,
with compensatory free time ; (b) See under B . — " Working Hours ",
(1), " Permanent exceptions " I (d) (3) (i) and " Temporary exceptions,
I (c) (1), (2) and (4).
II. See under B . — " Working Hours " (1), " Permanent exceptions
II.
Malla.
W : If two days of religious observance fall within one week
both shall be observed unless employer has received dispensation from
the ecclesiastical authorities for one of them.
158
THE LAW AND WOMEN'S
WORK
GREECE 1
A.—LEGISLATION
Act No. 4029 of 24 Jan./6 Feb. 1912 : Employment of Women and
Young Persons, sees. 2-5 and 8, and Administrative Order of 14/27
Aug. 1913, sees. 6, 7 and 9.
B . — W O R K I N G HOURS
In industrial establishments (i.e. factories, workshops, quarries,
mines and pits,
building undertakings, etc. : W : 10 h. daily (M and W
8 h. daily) 1 (excluding agricultural, pastoral and forestry undertakings).
Permanent exceptions : W : No exceptions, and prohibition of giving
employees work to be done outside the establishment.
Temporary exceptions : W : In seasonal industries and also wherever
there is an unexpected rush of work, hours may be prolonged to 12 a
day (except on Saturday), for 8 days, with authorisation from the
prefect.
C.—MINIMUM R E S T P E R I O D S
Scope as defined under B.— " W o r k i n g H o u r s " . Provisions with
respect to weekly rest and holidays apply also to commercial establishments, including restaurants, cafés, pastry shops and hotels.
During
Working
Day
W : One or more breaks totalling 2 h. (on Sat. 1 h.) ; at least
1 h. of this, for the mid-day meal, to be given all W at the same
time, except in mines, quarries, pits and factories using continuous
fires. Exceptions : may be made by royal decree where the nature
of the work and the interest of female workers require them, on
condition t h a t a break of an hour be given if work continues without
interruption for more t h a n 6 h.
Weekly
Sunday ; W : an alternative day, with official authorisation, if
technical requirements, local conditions or public interest require.
Exceptions : (a) in case of force majeure or work ordained by the
political authorities or requisite for the safeguarding of human life
or in the public interest ; (b) during local fairs ; (c) the last Sunday
in Dec. ; (d) when the day before Christmas or New Year's Day or
Annunciation Day falls on a Sunday.
Saturday : W : not more t h a n 8 h. of work.
Holidays
W : Christmas Day, Annunciation Day, Easter Monday.
Exceptions : As in " Weekly Rest Periods " (a) and (b).
1
Subsequent legislation has been adopted in application to both sexes which is still
complemented by the above-cited legislation applying specifically to women. The Decree
of 27 June 1932 fixed standard maximum working hours, for both sexes, in industrial
undertakings at 8 a day and 48 a week ; most of the exceptions allowed thereunder do not
permit employment for more than 10 h. a day. A general mid-day break of at least 1 h. is
required (with exception allowed under authorisation of an inspector in case of special
exigency). The Decree of 8 March 1930, amended 19 November 1935, contains general
prohibition of work on Sundays and holidays in both industry and commerce but allows
wider exceptions than those admitted under the above-cited legislation applying only to
women.
HOURS OF WORK
159
HUNGARY
A.—LEGISLATION
1.
Act No. V of 12 J a n . 1928 : Protection of children, young persons
and women, sees. 14 and 21, and Order No. 150443 of 30 Dec. 1930.
2. Ordinance No. 6660 of 26 J u n e 1935, authorising the Minister of
Commerce to fix, temporarily, hours of work and minimum wages.
In virtue of this Ordinance the following Ordinances, among others,
have been issued : (a) of 16 May 1936 : hours of work in the multigraphing industry ; (b) of 31 J u l y 1936 : hours of work in the shoe
industry ; (c) of 9 J a n . 1937 : hours of work in the textile industry.
B.—WORKING
HOURS
1.
In industrial and commercial establishments in general, public
and private, including construction : W : The Minister may fix maximum daily hours for certain unhealthy undertakings or occupations
(explicitly excluding agricultural and forestry production, pastoral
undertakings, fishing, etc., administrative departments of railroads,
State postal, telephone and telegraph offices).
2. In the various branches of industry and commerce : M and W :
the Minister of Commerce may fix, temporarily, hours of work.
Examples of application :
(a) In multigraphing industry : M and W : 8 h. daily, 48 h. weekly.
(b) In shoe industry : M and W : id.
(c) In textile industry : M and W : id.
Permanent exceptions : in multigraphing industry and in shoe
industry : M : up to 1 h. allowed for preparatory or finishing work.
W : no permanent exceptions. In textile industry : M : idem.
W :
No permanent exemptions except for cleaning machinery (1 h. overtime
a week).
(a), (b), (c) Temporary exceptions : M and W : under various
conditions.
INDIA
A.—LEGISLATION
Factories Act : No. X X V of 1934, sees. 34, 36 and 45, amended by
Act of 26 April 1936.
B.—WORKING
HOURS
In factories employing 20 or more persons and using mechanical
power ; at option of local governments, those employing 10 or more
persons, with or without use of mechanical power, and industrial
establishments in which part or all of the work is done out of doors,
excluded mines : M and W : 10 h. daily, 54 h. weekly.
Temporary exceptions : Male b u t not female workers may be
employed 11 h. a day in seasonal factories.
IRELAND
A.—LEGISLATION
Conditions of Employment Act No. 2 of 1936, sees. 38 and 49.
160
THE LAW AND WOMEN'S WORK
B.—WORKING
HOURS
M and W : Identical provisions.
C.—MINIMUM R E S T PERIODS
In all forms of industrial work, explicitly excluded
mining, commerce, transport, domestic service.
agriculture,
Weekly
M and W : Sundays.
Exceptions : M and W : speci fled necessary work ; M only : 3 h.
employment at any industrial work.
ITALY
A.—LEGISLATION
1.
Employment of Women and Children Act No. 653 of 26 April 1934,
sees. 17 and 18.
2. Act No. 370 of 22 Feb. 1934 : Sunday and weekly rest, sec. 4.
B.—WORKING
HOURS
The general laws respecting working hours are applicable to both
sexes.
1. Permanent and temporary exceptions : All W working for an
employer and W learners in industrial schools conducted for profit
(excluding W in domestic service, homework, agriculture, public
offices and State undertakings subjected to provisions at least equivalent to t h a t of the Act cited).
W : (a) Where the general laws limiting hours of work allow a working
day of more than 8 h., daily hours may not exceed 11 ; (b) under a
shift system the working day must not exceed 8 y2 h.
C.—MINIMUM
During
REST PERIODS
Working
Day
(Scope as defined under B . — " Working Hours ")
1.
W : Not more t h a n 6 h. of uninterrupted work. (4 h. for the
carrying of burdens and wherever required by the corporate
inspectorate.)
Minimum rest periods shall be : 1 h. if the working day is from 6 to
8 h. long, iy2 nh. if it is longer. Where work is staggered rest periods
may be of % - or 1 h. under a collective agreement or authorisation
by the corporate inspection.
Work in relays on a system of broken shifts is permitted only under
authorisation by a collective agreement or by the corporate inspectorate.
2.
In all remunerative work ' (excluding domestic service, home
work, posts of management, navigation, migratory pastoral work,
rice culture, railroad work, public offices and services, public
educational institutions, and industries handling perishable raw
materials, as defined by ministerial decree), M and W : 24 consecutive
hours a week, with certain exceptions allowed. W : in case of excep-
Weekly
HOURS OF WORK
161
lion, right to a compensatory rest period of 24 h. This condition
applies also to W employed in industries making use of perishable
raw materials, if their employment therein is for more than three
months in a year. Certain exceptions to the requirement of a compensatory 24-h. rest permitted : for continuous and seasonal work or for
work of public necessity (rest may, by authorisation, be of only 12 h.),
in agricultural work (its duration to be fixed by collective agreement),
for the staff of an hotel, sleeping-car or public amusement place or for
travelling agents.
JAPAN
A.—LEGISLATION
1.
Factory Act No. 46 of 1911, as amended by Act No. 21 of 1929,
and Act No. 33 of 1923, sees. 1, 3, 7, 8 and 24, Imperial Ordinance
No. 153 of J u n e 5, 1926 and Ordinance No. 16 of 1929, amending
the regulation of 1916 under the Factories Act.
2. Mining regulations of 1916, sees. 6, 9, 10 and 11, amended by
Ordinances No. 17 of 1926 and No. 30 of 1928.
3. Regulation respecting conditions of employment in undertakings
operated directly by the army. (Came into force I July 1937.)
4. Shops Act, No 28 of 1938, sees. 7 and 8.
B . — W O R K I N G HOURS
1.
In factories employing 10 or more persons or where work is dangerous
or unhealthy ; weaving or doubling factories using power ; competent
Minister may extend the regulation of hours to any factory using
power, excluding specified factories (10 types of manufacture), unless
using specified forms of power : W : 11 h. daily (see daily rest).
Permanent exceptions : Until 1941 the Ministry may increase daily
hours, by not more than 2, with due consideration of the nature of the
work for which the exemption is granted.
Temporary exceptions : (a) In summer, with the sanction of the
authorities, time in excess of an hour, up to an additional hour,
allowed as rest time during the working day, may be added to the
length of the day ; (b) With sanction of the authorities in seasonal
industries, 1 h. a day overtime on not more than 120 days a year ;
(c)_ Where (b) is not in application, 2 h. a day for seven days a month
in emergencies ; (d) In exceptional emergencies, resulting from
unavoidable circumstances extension of working hours or suspension
of rest days for specified period, with sanction of authorities. To
avoid loss of perishable material such overtime may be for 4 consecutive
days or for 7 days in a month without sanction ; (e) In emergencies
caused by national calamity or actual or impending disaster, the
Minister may suspend limitation on daily hours for processes or
districts.
2. In surface mines of all sorts and work under ground as authorised
by the inspector in coal mines where the veins are poor : W : (a) 11 h.
daily ; (b) Underground where temperature is above 30°, 8 h. daily
(see " Daily Rest ").
Temporary exceptions : (a) By permission of chief of mines inspection bureau, 12 h. at coal sorting during a limited period ; (b) Exemption by permit in case of disaster or urgent necessity.
3. Workers in undertakings operated directly by the army : W : 11 h.
daily ; M : 12 h. daily.
4. In shops and barbers' shops employing 50 persons or more : W :
11 h, daily.
Temporary exceptions : by permit in case of rush of work (60
times a year) and temporary necessity.
li
•
162
THE LAW AND WOMEN'S
C.—MINIMUM
REST
WORK
PERIODS
During Working Day
(Scope of various laws as defined under B.—•" Hours of Work ")
1. 2, 3 and 4. W : A break of % n - if hours exceed 6 a day and of 1 h.
if they exceed 10 to be given to all W workers at the same time.
Weekly
1 and 4. W : Two days' rest a month.
Exceptions see under " Hours of Work ", temporary exceptions (d).
2. W : Idem., and if working between 10 p.m. and 5 a.m. on a shift
system, 4 days a month. (An amendment of 6 July 1936, to come
into effect 1 Sep. 1938, prohibits employment of W in mines of all
kinds between 10 p.m. and 5 a.m. or 11 p . m . and 6 a.m.)
3. W : 2 days a month.
LUXEMBURG
A.—LEGISLATION
Act of 24 Aug. 1913 : Weekly Rest, sec. 9.
B.—WORKING
C.—MINIMUM
HOURS
REST
PERIODS
Weekly
In industrial and commercial undertakings, including charitable
institutions and those giving private instruction, handicraft undertakings
and legal offices : M and W : Sunday from midnight t o midnight,
with several exceptions. W of less than 21 years of age: No exceptions
except, by ministerial order, for stores, undertakings working on Sunday
to satisfy public needs, seasonal industries, hotels, restaurants and fairs.
MEXICO
A.—LEGISLATION
Federal Labour Act of 18 Aug. 1931, sees. 69, 76 and 78.
B.—WORKING
HOURS
In all establishments : M and W : 8 h. daily, 48 h. weekly (excluding
domestic services if not performed in commercial establishments such as
hotels, inns, hospitals, etc.).
Permanent and temporary exceptions : M : various ; W : none.
NETHERLANDS
A.—LEGISLATION
1.
Labour Act of 1919, consolidated text promulgated by Order of
17 Sep. 1930, sees. 1, 22, 23, 24, 28, 29 and 31.
HOURS OF WORK
163
2.
Order of 8 Sep. 1936 : Hours of work in factories and shops, sees. 1,
7-14, 16-18, 23, 25-27, 30, 33, 36 and 47.
3. Order of 17 Nov. 1932 : Hours of work in pharmacies, sec. 13.
4. Order of 8 May 1937 : Hours of work in offices, sec. 2.
B.—WORKING
HOURS
1 and 2. In industrial establishments, public and private (factories
and workshops) : M and W : 8 y2 h. daily, 48 h. weekly.
3. In pharmacies : Idem.
4. In offices : Idem.
2. Permanent exceptions : In factories and workshops :
W : without household responsibilities may work up to 11 h. a day
at (a) and (b) and 10 h. at (c) below :
(a) For preparatory work necessary t o effective production under
the normal schedule, if overtime does not exceed 6 h. a week ;
(b) for certain specified work to prevent the loss of fresh fish or
permit the departure of fishing boats, in peat curing, in butcher shops,
in cleaning fowls, shellfish etc., for the dressing of textiles, in
florists' work other than selling in shops ;
(c) in laboratories, laundries connected with bathing establishments
and brickyards.
M : the same exceptions under less strict conditions (in occupations
under (a) overtime m a y be up to 12 h.). Other exceptions.
1 and 2. Temporary exceptions : For industrial establishments, public
and private (factories and workshops) :
W : 10 h. a day and 55 a week for peak seasons or under exceptional
circumstances, or at the desire of employers' and workers' organisations
and with the approval of the inspectorate or the Minister.
M : 11 h. a day and 62 a week in the same circumstances. O/ertime in other circumstances.
3. In pharmacies : Employees other than assistants :
M : 11 h. a day and 62 h. a week.
W : 10 h. a day and 55 h. a week ; in case of pressure of work or in
special circumstances, with authorisation.
C.—MINIMUM
During
REST PERIODS
Working
Day
(Scope as defined under B . — " Working Hours ", 1 and 2.)
M and W : On every day of more than 5 % h., a break of y2 h. after
4 % h. of continuous work.
2. M and W : In some industries the required rest time must be divided
between two rest periods.
Exceptions : M : suppression of rest periods authorised in a large
number of industries. W : no exceptions allowed.
1.
Weekly
(Scope as defined under B . — " Working Hours ", 1 and 2)
1. M and W : All day on Sunday and from 1 p.m. on Saturday.
1 and 2. Exceptions for Sunday : W : only in butter and cheese making
for not more than 4 h. in the morning. M : in a great many occupations
and in various circumstances.
2. Permanent exceptions for Saturday : All W from 1 to 6 p.m. for
flax retting, potato peeling (for industrial purposes), preparing
of fruit and vegetables (canneries), the making of rusks, making
of films, despatch of letters and packages and telegrams, urgent
business work and cleaning of premises ; peat curing, and work in
164
THE LAW AND WOMEN'S WORK
laboratories ; in 13 communes for work connected with market days.
W without household responsibilities :
(a) from 1 to 6 p.m. for certain specified work to avoid the loss of
fresh fish or permit the departure of fishing boats, in milk products
factories, factories making ices or pastries, and manufacturing
departments of shops ;
(b) from 1 to 10 p.m. in laundries connected with bathing establishments and in manufacturing departments of clothing shops ;
(c) from 1 p.m. until y2 h. after the closing of the store in florists'
establishments, in butcher shops, in cleaning fowls, shell-fish, etc.
(d) from 1 to 6 p.m. on a double-shift system in 35 industries.
M : the same exceptions under less strict conditions. For work
on a double-shift system (see (d) above) exemption accorded for
62 industries.
4. In offices : Sunday : W not to be employed.
Exceptions : sale of tickets for transportation or amusements or
for administrative or executive work in bathing establishments.
Saturday : W not to be employed after 1 p.m.
Exceptions : as for Sunday and numerous others.
NEW ZEALAND
A.—LEGISLATION
Factories Act No. 42 of 1921-22, sees. 2, 20-23, 26 and 35 as amended
by Act No. 7 of 1936, sees. 3, 5 and 7.
B.—WORKING HOURS
In factories, including laundries, bakeries and power plants: M and W:
8 h. daily, 40 h. weekly.
Permanent exceptions : M and W : certain exceptions, allowing
a 44-h. week, overtime being compensated at higher than standard
rates. M only : law does not apply in specified industries (in general,
seasonal industries or those dealing with perishable goods).
Temporary exceptions : W : (a) With authority from inspector, not
more than 3 h. overtime a day, or on more than 2 consecutive days in
any one week or 90 h. in a year—in exceptional cases 120 h.—except
that only the daily limit applies to fruit preserving between 1 Jan. and
1 April ; (b) The inspector must refuse permit for overtime work by
any woman whose health he believes would be injured by such work ;
(c) W must be notified of overtime work the day before it is required or,
if this is impracticable, those living more than a mile from the factory
must be given an adequate meal between ordinary closing time and the
beginning of overtime work or, alternatively, Is. 6d. before ordinary
closing time.
M and W : In laundries : as above for both sexes except that (b)
applies to W only.
C.—MINIMUM
REST PERIODS
(Scope as defined under B.—" Working» Hours ")
During Working Day.—M and W : not more than 4 % h. continuous
work without a break of % h.
Exceptions : M : various ; W : none.
Weekly.—Sunday : W : without exception ; M : with exceptions.
Saturday : W : after 1 p.m.
HOURS OF WORK
165
Exceptions : with pay at higher rates, in milk preserving between
1 Oct. and 30 April (with compensatory time off) and with fruit canning
and j a m factories between 1 J a n . and 1 April.
Holidays.—M and W : specified holidays. W .' with exceptions as
for Saturday (see " Weekly Rest "). M : other exceptions.
PERU
A.—LEGISLATION
1.
Employment of Women and Children Act No. 2851 of 23 Nov. 1918,
sees. 5, 8, 10 and 11, amended b y Act No. 4239 of 26 Mar. 1921.
2. Act No. 3010 of 26 Dec. 1918 : Weekly rest and holidays, sec. 3 .
B.—WORKING HOURS
1.
In work of all kinds : W : 8 h. daily, 1 45 h. weekly (excluding
domestic and agricultural work without use of mechanical power).
Temporary exceptions : W : with authorisation, when justified
by circumstances : 10 h. a day on 60 days a year.
C.—MINIMUM R E S T P E R I O D S
During
Working
Dag
(Scope as defined under B . — " Working Hours ")
1.
W : 2 consecutive hours at noon.
Weekly
2.
In industrial and commercial establishments, mines, construction
and agricultural undertakings making use of mechanical power :
M and W : Sundays.
Exceptions : M : various ; W : none.
1. Scope as defined under B.-—" Working Hours ".
W : prohibition of work on Sundays and holidays without exception.
No work at 3 p.m. on Saturday (five hours maximum working day).
Alternatively, in establishments in which the " English week " is
not adopted for all employees, no work on Monday before 2 p.m.
Holidags
2.
Scope as defined in " Weekly Rest " : M and W : Statutory
holidays.
Exceptions : M : various ; W : none.
1. See " Weekly Rest ".
RUMANIA
A.—LEGISLATION
1.
Act of 9 Apr. 1938 : Employment of W and Young Persons, and
hours of work, sees. 34-47, amended b y the Act of 10 Oct. 1932, and
Regulations of 30 J a n . 1929, sees. 42-48, amended by the Royal Decree
No. 3540 of 19 Dec. 1932.
2. Act of 17 June 1925 : Sunday rest and holidays, sec. 19.
1
The Decree of 15 Jan. 1919, respecting the 8-h. day applies alike to men and women
but subject to the provisions of the laws applying especially to women.
166
THE
LAW AND W O M E N ' S WORK
B . — W O R K I N G HOURS
1.
In industrial undertakings of all sorts, including transportation and
mines (extension to commercial establishments, possible by ministerial
decision on advice of Superior Labour Council) : M and W : 8 h. daily,
48 h. weekly (excluding persons occupying supervisory or confidential
positions and home workers).
Permanent and temporary exceptions : M : overtime under various
circumstances ; W : exceptions to the daily but not the weekly limit
of hours.
C.—MINIMUM R E S T P E R I O D S
Weekly
2.
In industrial and commercial undertakings : M and W : 24 h. on
Sunday.
Exceptions : M : various ; W : certain of those allowed for men b u t
. not the standing exceptions allowed for certain classes of undertakings
(sale of foodstuffs, bathing establishments, hotels, restaurants, news
stands, tobacco shops, hospitals, theatres, cinemas, photographic
studios, flower shops, handling of perishable raw materials, etc.)
nor the special exceptions for factories where it is necessary to maintain
continuous fires.
Holidays
2.
(Scope as defined under " Weekly Rest ") M and W : 24 h. on
statutory holidays.
Exceptions : As for " Weekly Rest ".
SALVADOR
A.—LEGISLATION
1.
2.
Act of 31 May 1927 : Protection of commercial employees, sec. 2.
Act of 13 June 1928 : Hours of work for labour in general, sec. 3.
B . — W O R K I N G HOURS
1.
2.
In commercial establishments : M : 8 h. daily ; W : 7 h. daily.
In industrial and commercial undertakings including transport :
M and W : 8 h. daily. 1
2. Permanent and temporary exceptions : M : Under certain circumstances with the approval of the conciliation commission ; W : none.
SPAIN
A.—LEGISLATION
1.
2.
Decree of 1 July 1931 : 8-hour day, sees. 6 and 107.
Decree of 8 J u n e 1925 : Weekly rest, sec. 8, and regulation of 17 Dec.
1926, sec. 48.
1
The Decree of 24 April 1929 amending the Act of 13 June 1928 stipulates that this Act
shall not affect the enforcement of the Act of 31 May 1927 concerning the protection of
mereiai employees.
HOURS OP WORK
B.—WORKING
1.
',
<y
»,
\
'
\
',
I
)
'
)
!
167
HOURS
In industrial undertakings, remunerative work of all sorts, whether
public or private : M and W : 8 h. daily (excluding directors, managers
and high officials, persons in domestic service, doorkeepers, rural
guards, etc.).
Permanent exceptions : (a) M and W : in various circumstances ;
M : with 25 per cent, increase in pay rates for overtime up to 2 h. a
day and 40 per cent, for hours above 2 and at night and on Sunday.
W : not more than 2 h. overtime a day with 50 per cent, increase of
pay rates ; (b) By authorisation of employers' and employees'
organisations working hours may be extended for medical assistants
and nurses, and for servants in public hospitals, clinics and asylums
for the insane : for M up to 72 h. a week; for W up to 60 h., or more
in the case of urgent necessity.
Temporary exceptions : as (a) in " Permanent exceptions ".
C.—MINIMUM R E S T P E R I O D S
Weekly
2.
)
}
Paid manual work of all kinds : M and W : Saturday midnight
to Sunday midnight (excluding domestic services ; intellectual and
artistic work ; work in art, trade and professional schools and
analogous employments incidental t o education and training).
Exceptions : M : various. W : none, except by a special authorisation for work which cannot be interrupted, and on condition of
provision of a compensatory rest period.
SWITZERLAND
A.—LEGISLATION
1.
Federal Factories Act of 18 J u n e 1914, sees. 65, 67 and 68, amended
b y the Act of 27 J u n e 1919 : Hours of work in factories, and administrative Order of 3 Oct. 1919.
2. Order of 9 Oct. 1936 : Work outside of factories in the watchmaking
industry, sec. 35 (2).
3. Ordinance No. 1 of 12 Aug. 1921, for the execution of the Act of
6 Mar. 1920 : Hours of work on railways, sec. 19.
B.—WORKING
1.
HOURS
In industrial establishments classified as factories, i.e. :
(a) employing at least 11 adult workers; or (b) employing at least
6 workers, one or more of whom are less than 18 years of.age ; or
(c) employing at least 6 workers and using mechanical power ;
or (d) dangerous establishments and those manifestly t o be regarded
as factories. (Among these : embroidery workshops irrespective
of the number of their employees if they make use of not fewer
than 3 hand machines or 2 power machines) :
M and W : 48 h. weekly (excluding persons with an important
directive function or outside representatives ; staff of commercial
or technical offices ; workers exclusively occupied on home work ;
persons cleaning premises outside of working hours).
Permanent and temporary exceptions : M : various. W : the same
with a limit of 140 h. overtime a year and non-application of any
exception t o W employees having household responsibilities.
2. In the watch and clock industry : small establishments not covered
by the Factory Act and family undertakings : M and W : 48 h. weekly.
168
THE LAW AND WOMEN'S WORK
Permanent exceptions : If they request it, W with household responsibilities must be excused from the work of cleaning and upkeep
which is performed outside the scheduled working hours.
3. Permanent employees of the Federal railway, postal, telegraph
and telephone services ; transport and communication services operated
under federal concessions : employees
working on a shift system :
(a) M and W : 13 h. daily ( 1 3 % i f the employee lives near his workplace), 12 when practicable, (b) W: Guards at railway crossings on
lines traversed b y more than 12 trains a day : 12 h. daily.
C.—MINIMUM R E S T P E R I O D S
(Scope of various laws as defined under B . — " Working Hours ")
During
Working
Day
1.
M and W : yz h. in a working day of 8 h. or less ; 1 h. in a longer
day.
1 and 2. W having household responsibilities may stop work half
an hour in advance of the mid-day break if this is less t h a n 1 y2 h. long.
3. M and W : 1 h. in the middle of the day's spell of work. W having
household responsibilities who do not live near their place of work
must be allowed 1 y2 h.
Weekly
1.
(a) M and W : 24 h. on Sunday.
Exceptions : M : various. W : none.
(b) W : If they request it W with household responsibilities must
be permitted to leave work at the time of the mid-day break on
Saturday, in establishments which work full days on t h a t day, and not
later t h a n 1 p.m. in those which work a short day.
2. M and W : Sunday and Saturday after 12 o'clock mid-day.
Exceptions : M and W : in certain circumstances Saturday afternoon,
but W having household responsibilities may not be retained if they
ask to leave. M may work on Sunday to wind watches in process
of regulation.
Holidays
1.
M and W : 24 h. on holidays.
Exceptions : M : various. W : none.
U N I O N OF S O U T H A F R I C A
.
I
A.—-LEGISLATION
1.
Factories Act, No. 28 of 1918, sees. 13, 17 and 26, amended by
Act No. 26 of 1931, sees. 3 and 6.
2. Wage Boards Act : No. 27 of 1925 (this Act provides t h a t the
Minister may determine in connection with establishment of wage
rates any conditions of employment for any class of employee).
B.—-HOURS OF W O R K
1.
In factories and commercial laundries employing 3 or more persons,
and all factories using mechanical power : M and W : 8 h. daily, 48 h.
weekly (excluding farms where produce is handled by a resident
owner, prisons and certain other institutions, and mines.
Permanent exceptions : M and W : in certain cases.
I
|
HOURS OF WORK
169
Temporary exceptions : W : (a) For not more than 3 h. in one day,
3 consecutive days in one week or 60 days in 1 year ; ïiot on holidays
or half-holidays, without advance written permission from inspector
and consent of employee herself ; (b) notice of overtime to be given
before mid-day break, or else adequate meal to be provided between
ordinary closing time and beginning of overtime, or alternatively
not less than a shilling is paid before ordinary closing time.
C.—MINIMUM
1.
REST PERIODS
Scope as defined under B.—"Working Hours " :
During Working Day : M and W : Not more than 5 h. continuous
work without interval of 1 h.
Weekly.—W : No employment after 1 p.m. on Saturday or the
alternative weekly half-holiday.
Exception: With authorisation other free periods may be substituted.
M and W : Sunday.
W : See also under B.—" Hours of Work ", " Temporary exceptions ".
Holidays.—M and W generally : W : See also under B.—" Hours
of Work ", " Temporary exceptions ".
UNION OF SOVIET SOCIALIST REPUBLICS
See " Maternity " Table, Cols. VIII and IX.
CHAPTER V
N I G H T WORK
A.—GENERAL
CONSIDERATIONS
The problem of the employment of women during the night
was for a long time closely bound up with t h a t of hours of work.
The first legislation of a n y importance on t h e subject, promulgated in Great Britain in 1844, was directed both against
excessively long hours and against night work.
This Act
permitted the employment of women in the factories to which
it referred (at t h a t date those of the cotton industry only)
between 5.30 a.m. and 8.30 p.m., including breaks, t h a t is to say,
for 12 hours of actual work, performed solely during the day.
This method of regulation with a double purpose is still in
use in Great Britain, b u t the permitted hours have been reduced
a n d t h e nightly rest correspondingly lengthened, while the scope
of t h e regulations has been extended to cover all factories and
workshops.
Indeed, legal regulation of the nightly rest is still so intimately
connected with t h a t of working hours t h a t both sets of provisions
are commonly described as " regulation of hours of work ".
A study of all the documents and P a r l i a m e n t a r y discussions
which led up to the passing of the first Act concerning the
employment of women at night in France (1892) shows clearly
t h a t those who for years strove for this reform were concerned
chiefly with doing away with t h e harmful effects of t h e prolonged
evening work (la veillée) t h a t was common in dressmaking,
millinery and certain other luxury industries, which in France,
and more especially in Paris, employ a large number of women. 1
1
In 1880 it was estimated that in Paris alone about 35,000 women
were more or less frequently, and in some cases regularly, called upon to
work until late at night.
For the preparation of legislation concerning the night work of
women in France, the conditions calling for regulation, the enquiries
carried out, etc., cf. Report of Richard Waddington to the Chamber of
NIGHT WORK
171
Prolonged evening work was an addition to the normal daily
work, so t h a t it combined the disadvantages of night work
and of overstrain.
Still more striking evidence of how far the regulation of hours
of work has, in some countries, been associated with t h a t of night
work is afforded by the very special type of clause t h a t appears
in t h e laws adopted m a n y years ago in some Canadian Provinces.
Here night work for women is prohibited only where exceptions
are allowed to the regulations limiting normal hours of work,
a n d it is provided t h a t , if overtime is worked, t h e women shall
not work after a certain hour of the night.
The problem of night work has been bound up with t h a t of
hours of work, not only because the night is a sort of reserve
period which m a y easily be drawn upon for a prolongation of
daily hours, b u t also because the evolution of industrial usage
in one of t h e two fields, under t h e influence of trade union
agitation òr of legislation, m a y have immediate consequences
in t h e other field. W h e n the daily hours of work are reduced
t o less t h a n half or to a t h i r d of the calendar day, there is a
t e m p t a t i o n to employ two or three successive shifts on the same
equipment so as to recoup the cost of installation by more
intensive production. Thus in industries like the textile industry
in which large numbers of women are employed, although there
is no technical reason for continuous processes, towards t h e end
of the nineteenth century t h e number of establishments working
at night increased from year to year. Those who worked for
the preparation of t h e 1906 Convention concerning night work
were fighting against the threatened general adoption of such a
practice 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 and
social effects for all workers, whether men or women. B u t these
effects are particularly serious in t h e case of women and also affect
the next generation, as was shown at the end of the nineteenth
Deputies, 7 July 1890 ; Reports 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 MARTIN : 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.
172
THE LAW AND WOMEN'S WORK
century by the official enquiries carried out in several important
industrial countries in preparation for the adoption of regulations
on night work.1 These enquiries revealed some impressive facts.
In Germany, where compulsory sickness insurance had existed
since 1883, the Committee of the Reichstag appointed to study
the question was able, as early as 1889, to obtain from the sickness
funds statistical evidence of the harm to the health of women
workers caused by night work, as compared with the health of
women serving as control groups, employed in comparable
undertakings, in the same district, in which night work had not
been introduced.
Even on the assumption that women's powers of physiological
resistance are equal to those of men, the facts revealed could be
easily explained by social reasons : a woman returning home when
all the other members of the family are getting up (particularly
in a small dwelling where it is difficult to be alone) is constantly
disturbed in her rest by the necessity for performing domestic
tasks, and owing to the manifold calls made upon her, she is
tempted, at serious risk to her health, to cut short the sleep
required for recuperation after night work. Both early and
recent enquiries have proved that the great majority of women
who work at night have only from four to six hours' sleep.2 Thus
overstrain is almost inevitably added to the other disadvantages
of night work, such as the effort required to work in the state of
physiological depression which characterises the human organism
at night, the fatigue and nervous exhaustion caused by artificial
light, the disturbances of the digestive system caused by a
change in habits, etc. 3
1
Cf. among others, Maurice ANSIAUX : Le travail de nuit des ouvrières
de l'industrie dans les pays étrangers, report submitted t o t h e Belgian
Ministry of Industry and Labour/Brussels, 1898.
2
Cf. ANSIAUX, op. cit. ; MAZEL, op. cil. ; U.S. DEPARTMENT O F
LABOR, W O M E N ' S B U R E A U : " The E m p l o y m e n t of W o m e n at Night " ,
Bulletin, No. 64, p p . 51 et seq.
s
The following testimony, based on personal experience, m a y be
quoted to illustrate the exhausting effects—for men as well as women—
of work t h a t conflicts with the natural r h y t h m of h u m a n life : " Returning in the evening to River Rouge a t the fall of icy winter nights of
1927-1928, I was often astonished t h a t no one h a d ever perceived the
factory under the aspect of an immense machine t h a t needs men day
and night t o serve it. . . A n d yet what is more abnormal t h a n t o
work a t night, especially in a factory ! W h a t is clearer than the fact
t h a t m a n is made to live during t h e day a n d sleep normally with the
sleep of nature. . . It has taken t h e modern age t o create t h e
necessity for this topsy-turvy life for men called by misfortune to work
in industry. " H. DUBREUIL : Robots or Men ? Translated from the
French b y Frances a n d Mason Merrill, Harper, New York, 1930, p. 160.
NIGHT WORK
173*
These special dangers were recognised, as well as the practical"
dimculties that would have stood at that time in the way of
international regulation of all night work in industry even if the
exceptions required to meet technical and economic needs were
permitted. It was also recognised that any partial prohibition.
would be inadequate to protect the health of women workers..
Consequently, when the programme of the international congresses for the promotion of labour legislation began to take shape,..
attention was first given to the special regulation of night work
of women. The trade unions supported these early efforts, just
as later they strove energetically for the adoption of prohibition.
of night work of women in one country after another.
It is, further, interesting to note the favourable reception
given by the advocates of scientific management to the proposed
abolition of night work for women. In the enquiries carried out.
in 1900 and 1904 in preparation for the Berne Convention,
categorical statements on this point were collected from heads
of undertakings who expressed satisfaction at the abolition of
night work for women in their undertakings, since night work
had proved insufficiently productive, and they were glad that
legislation protected them from being forced by competition to
resort to it. Significant evidence of a similar view at the present
day is provided by the Taylor Society in the United States.
Part V of its Industrial Code—a collection of rules proposed by
this scientific management society for voluntary adoption by the
heads of undertakings—states that night work should be avoided
as far as possible and should never be required of women. It is
impressive to find such agreement on a principle, or precept,
between the sponsors of the Berne and Washington Conventions
and the promoters of industrial rationalisation.
B.—INTERNATIONAL
REGULATION
§ 1.—The 1906,1919 and 1935 Conventions
on Night Work in Industry
The history of the international measures for regulating the
employment of women in industry during the night is linked up
with the first efforts at international action for the improvement
of working conditions. Already at the first congress for the
protection of workers, held at Berlin in 1890, a resolution in
favour of the abolition of night work for women had been adopted..
174
THE LAW AND WOMEN'S WORK
As soon as permanent bodies were set up for the international
study of questions affecting the welfare of the workers, the first
of which were the International Association for Labour Legislation and the International Labour Office in Basle, this question
became the subject of exhaustive research. At the first meeting
of the Association, the Basle Office was instructed to collect all
available data upon the effects of night work of women, the state
of legislation in the different countries and the results obtained '
in industries where night work had been abolished. A detailed <
questionnaire was prepared by the Office and sent to the various
national sections of the Association ; reports were submitted in
reply, some of which represent very thorough studies. 1 The
first discussion, on the basis of this information, took place at the
second meeting of the Association, held at Cologne in September
1902, and an international committee was set up to continue the
study of the problem. This Committee prepared explanatory
memoranda2 to be submitted to Governments, and requested
the International Labour Office (of Basle) to apply to the Swiss
1
T H E INTERNATIONAL
ASSOCIATION
FOR LABOUR
LEGISLATION
:
Nighiwork of Women in Industry, Report on its Prevalence and Us
Regulation by Law.
Introduction b y Dr. Etienne BAUER, Director of t h e International
Labour Office, Basle, Jena, 1903 ; Paris, Le Soudier. X L I I + 384 p p .
This volume contains reports sent to t h e International Labour Office,
Basle, b y the sections of the International Association for Labour Legislation in t h e following countries : Germany, reports b y Dr. F u c u s and
Dr. Max HIRSCH ; Austria, report b y Ilse VON ARLT ; Belgium, reports
'
b y Louis VARLEZ, Dr. Ernest D U B O I S , J . GATTI D E GAMOND, D E C E N T N E R
and E. MAHAIM, and remarks b y t h e Belgian Labour Office ; Denmark,
report by Mile. Annette V E D E L ; Spain, report of t h e Committee on
Social Reform ; United Stales, report by A. F . W E B E R ; France, report b y
P. P I C ; Great Britain, reports b y Miss Adelaide ANDERSON and G. H . <
W O O D ; New South Wales, report of t h e Department of Labour and
Industry ; Italy, report b y D r . G. TONIOLO ; Japan, report b y Dr.
MATSUZ'AKI ; -Luxemburg, report b y Henri NEUMANN ; Norway, report
by Dr. A. T. K I A E R ; Netherlands,
report b y G. J . VAN T H I E N E N ;
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 : International
Congress for
Labour Legislation, 25-28 July 1900, Reports and analysis of proceedings,
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, " b y M. 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 Etals industriels en vue de la convocation d'une conférence internationale de protection ouvrière, Paris, Berger-Levrault, 1905 ; Tableau
comparatif des mesures législatives des Etais représentés à la Conférence
internationale de protection ouvrière à Berne concernant l'interdiction du
travail de nuit des ouvrières dans l'industrie, 1905.
NIGHT WORK
175
Government, asking it to convene an official conference for the
preparation of an international Convention prohibiting the
employment of women in industry during the night.
On 8 May 1905 a first official conference opened in Berne to
discuss the principle of an international Convention, to be signed
after subsequent diplomatic negotiations. This first conference
succeeded in drawing up the basis for the Draft Convention, and
the Diplomatic Conference met in the following year, September
1906, in Berne, and drafted the final text of the Convention
concerning the night work of women, which was signed by the
fourteen participating States, all of them European. 1 It was
open to other States to adhere to the Convention at any time.
Thus it was after a period of fifteen years of preparatory work
and investigation, several private conferences, and two official
congresses that this first Convention for the protection of workers
was finally adopted ; there is little doubt that it is one of the most
carefully prepared of international agreements.
The main provisions of this Convention are summed up at the
beginning of the appendix to this chapter. They prohibit the
employment of women in industry during the night, but not in
establishments employing ten workers or less, or in purely family
undertakings. The night period must cover eleven consecutive
hours, including the period from 10 p.m. to 5 a.m. Provision
is made for exceptions in certain special cases, but these are to be
only of a temporary nature : in case of unforeseen interruptions
in the work or for handling perishable goods so as to save them
from otherwise certain loss. It is also stipulated that the
nightly rest may be shortened in two cases : it may be reduced to
ten hours for sixty days a year in seasonal industries or to deal
with exceptional circumstances, and it may be lower than the
minimum fixed by the Convention in countries outside Europe
where the climate or the condition of the native population require it. Finally, the Convention fixed periods before the expiry of
which it was to come into force ; these might be as long as ten
years in certain industries (manufactories of raw sugar from beet,
wool combing and weaving, and open mining operations).
On the outbreak of hostilities in 1914 only two of the signatory States—Denmark and Spain—had not yet ratified, while
France had adhered for Algeria and Tunis, and Great Britain
1
Austria, Belgium, Denmark, France, Germany, Great Britain,
Hungary, Italy, Luxemburg, Netherlands, Portugal, Spain, Sweden and
Switzerland.
176
THE LAW AND WOMEN'S WORK
for New Zealand, the colonies of Ceylon, Fiji, Gibraltar, Gold
Coast, Leeward Islands, Northern Nigeria, and Trinidad, and the
Protectorate of Uganda.1
The war stopped the progress of social legislation and even
brought retrogression, for the exceptional demand for intensified
industrial production for military purposes caused suspension
of the application of the protective provisions of the Convention
in all the belligerent States. When the International Labour
Organisation was set up in 1919 and the first Labour Conference
convened, the Organising Committee for that Conference placed
on its agenda the question of the measures to be taken to obtain
new ratifications and adhesions for the Berne Convention. At
Washington, however, the Committee dealing with questions of
women's labour was not satisfied merely to examine the state of
ratifications. It considered, in view of the experience of States
which had already ratified, that the Convention did not give
adequate protection, because it was restricted to large establishments, whereas conditions of work are generally less favourable in those employing fewer than ten persons than in larger
undertakings, and it proposed to the Conference that the text
should be amended.
For reasons of procedure a new and separate Draft Convention
was drawn up, the text of which now constitutes Convention
(No. 4) concerning employment of women during the night (1919).
This Convention gives the same definition of night work as
the Berne Convention of 1906. It differs from it in that it
applies to all industrial undertakings, irrespective of their size,
except family undertakings. It differs also on certain less
important points. The definition of the term " industry " is
more precise, a list being given of the activities which must in all
cases be included ; this list is the same as that adopted for the
other Washington Conventions on conditions of industrial
employment—the Hours of Work Convention and the Convention
fixing the minimum age for admission of children to industrial
employment—except that transport undertakings are not
included.
The article concerning the possible reduction of the nightly
rest when necessary on account of special climatic conditions,
1
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.
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NIGHT WORK
177
provided that compensatory rest is granted by day, applies
alike to European and non-European countries ; but there is
a special article for India and Siam authorising those countries
to apply the provisions of the Convention over a narrower field
than that fixed for its general application.
Finally, the postponement of application to certain types of
work allowed in the Berne Convention; is not allowed in the
Washington Convention.
The history of the international regulation of night work was
not at an end. The growing employment of women in technical
occupations made it difficult, notably in Great Britain, to apply
the regulations to women holding positions of management,
and in particular to women employed as engineers in electrical
power undertakings. The Women's Engineering Society applied
to the British Government for exemption from the national
regulations on the ground that, being forbidden to work at night,
its members, who were only a small minority compared with
their male competitors, were unable to secure appointments.
The Government admitted that the application was justified
and took the view that there could be no serious objection to
the exemption, since the social situation of the women concerned
was such as to protect them from the principal evils caused in the
life of working women by night work. Nevertheless the Government felt that it was bound by the terms of the international
Convention and that the national legislation could not be
amended without a corresponding modification of the Convention. It therefore proposed the revision of the Convention in
this respect.
At the same time, the Belgian Government, which had encountered difficulty in applying the terms of the Convention to work
on a. two-shift system, proposed that the definition of night
hours should be revised so as to allow work to end later, while
leaving unchanged the length of the night period.
In 1931 the proposal to revise the Convention in these two
respects was placed before the International Labour Conference,
where it only secured a simple majority and not the necessary
two-thirds majority.
In the course of the debate it became clear that some delegates
objected to the amendment proposed by the British Government
only because they were convinced that the Convention did not)
in the intention of its original authors, apply to the managerial
staff whose formal exemption was being asked for. Those
12
178
THE LAW AND WOMEN'S WORK
delegates therefore thought that women engineers in Great
Britain could be exempted from the scope of national legislation
without revision of the Convention. At the proposal of the
British Government, the Permanent Court of International
Justice was then asked for an advisory opinion. The Court
held that the term " women " used in the Convention should be
taken to cover persons holding positions of supervision or
management. In consequence of this opinion the proceedings
for revision were re-opened at the request of the two Governments which had initiated the first attempt, and, in 1934, the
Conference adopted almost unanimously (by 121 votes to 1) the
Revised Draft Convention No. 41. The revised draft included
a new article : " This Convention does not apply to women
holding responsible positions of management who are not
ordinarily engaged in manual work. " It also contained a
clause supplementing the definition of the term " night " as
follows : " Provided that, where there are exceptional circumstances affecting the workers employed in a particular industry or
area, the competent authority may, after consultation with the
employers' and workers' organisations concerned, decide that
in the case of women employed in that industry or area, the
interval between eleven o'clock in the evening and six o'clock
in the morning may be substituted for the interval between ten
o'clock in the evening and five o'clock in the morning. "
There are now consequently three Conventions respecting
night work for women. The Berne Convention is still binding
on the States mentioned above and further on Poland, the Free
City of Danzig, and Morocco, which adhered to that Convention
on 14 January 1921, 23 August 1921 and 5 July 1927 respectively;
but at present only three sovereign States are parties to the
Berne Convention alone, namely, Germany, Poland, and Sweden.
The Washington Convention of 1919 had, on 1 January 1939,
been ratified by 30 States, of which 10 are also bound by the
Berne Convention. Finally, the Revised Convention of 1934 had,
by the same date, been ratified by 14 States, of which 7 are also
parties to the Berne Convention. All but 2 of the States that
have ratified the revised Convention of 1934 had previously
ratified the 1919 Convention,1 which 10 of of them have already
denounced as a natural consequence of the later ratification.
1
Two States, which have ratified Convention No. 41, Iraq and New
Zealand, had not ratified Convention No. 4.
NIGHT WORK
179
§ 2.—The Recommendation concerning Night Work
in Agriculture
(
The International Labour Conference has also taken a decision
with respect to night work in another field. In 1921 the Conference, which had on its agenda a number of questions concerning agricultural work, adopted a Recommendation (No. 13)
concerning night work of women in agriculture. The Recommendation does not propose that the employment of women at
night should be prohibited, since prohibition would be superfluous in an occupation which is normally pursued in daylight
and only in case of absolute necessity at night. What is recommended is that steps should be taken " to regulate the employment of women wage earners in agricultural undertakings during
the night in such a way as to ensure to them a period of rest
compatible with their physical necessities and consisting of not
less than 9 hours, which shall, when possible, be consecutive ".
§ 3.—Bilateral and Multilateral Agreements
International agreements of a more restricted scope have also
been adopted for protecting women against the pernicious effects
of night work.
The provisions of the F ranco-Italian Labour Protection
Treaty of 1904 may be cited merely as a matter of historical
interest, for the participation of these two Powers in the international Conventions of 1906 and 1919 has deprived the obligations of their bilateral 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 by the five
States of Central America on 7 February 1923, these States agree
that, six months after the Convention comes into force, the
employment of women of any 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 the
case of work particularly suited for women which by its nature
must be performed at night.
180
THE LAW AND WOMEN'S WORK
C—NATIONAL LEGISLATION
§ 1.—Classification of Laws according to Scope
r1
According to the method of classification adopted for the
present study, the laws and regulations controlling employment
of women at night fall into four main categories.
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1. Measures concerning night work for adult workers, the
same protection being granted to both sexes. Such regulations
are rarely applied to industrial employment. (So far as the
Office is aware, regulations of this kind for industry are in force
only in Finland, Iraq, Latvia and Norway.) They are relatively
common in respect of commerce, either in the form of the prohibition of night work or of the requirement that shops shall be
shut at a specified time in the evening.
If inclusive measures of this sort can some day be made to
afford effective protection—as general measures have, both
internationally and in many national examples, with respect to
working hours—they will obviously, in benefiting all workers,
be preferable to legislation applying to one sex only. So far,
however, technical and economic obstacles, or the mere difficulty
of changing deeply rooted habits due to the requirements of
consumers, have prevented the total abolition of industrial night
work. Although the amount of such work has been reduced by.
measures that apply to both sexes, no such measures as yet
adopted in any industrial country have affected that restriction
of night work which is accomplished in respect of women by
special legislation applying the provisions of the international
Conventions. The regulations applicable to both sexes allow at
present very comprehensive exceptions, which permit many
working women to be subjected to the strain of night work, not
merely on special occasions, but regularly. Thus, these regulations do not, as would be desirable, represent extension to all
workers of the benefit accorded women by the international
Conventions.
Under the scheme adopted for this report, the provisions
contained in regulations applicable to both sexes are not
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NIGHT WORK
181
summarised in the analysis appended to the present chapter. 1
2. A second type of legislation combines general with
special regulation. It forbids night work in principle for both
sexes—sometimes with slightly differing limitations as to hours—
but allows for adult men the permanent exceptions necessary to
meet the requirements of industry, while permitting women only
the temporary exceptions consistent with the provisions of the
international Conventions. (Examples of inclusive measures of
this type are to be found in Czechoslovakia, the Netherlands,
Poland and Switzerland, while measures applying only to certain
categories of industrial work are to be found in several other
countries.)
Such legislation may be held to be the most effective of that
so far applied, since it extends the benefits of legislative protection
to a large proportion of male workers, by prohibiting their
employment at night except when really necessary. Restriction
of the practice of night work to the economically indispensable
minimum prevents it from spreading to a large number of industries in which it is often adopted without real necessity. This
reduces to a minimum the possibility, which is an objection
sometimes made against special legislation, that women's
opportunities of employment may be restricted. Inclusive
legislation of this sort is summarised in the analysis appended to
this chapter. Special provisions applicable to women are analysed in more detail than are those applicable to men, only the
general character of which is indicated.
Laws and regulations dealing with night work in bakeries
are in some countries of the type just discussed ; in others they
are of the first type here described. They are not mentioned
in the analysis unless they contain explicit special provisions with
respect to women. The position may be summed, up as follows.
In Finland, Latvia and Norway, legislation concerning night
work in bakeries applies, like the legislation concerning night work
in industry generally, to adults of both sexes without any distinction. In countries where there is general regulation of night
work in bakeries and also regulation of the employment of women
at night in industrial undertakings, the employment of women
in bakeries is governed by the stricter of the two regulations,
since bakeries are usually treated as a branch of industry. The
stricter regulation is usually that governing employment of
1
An exception is made for the legislation of Iraq applying indiscriminately to men and women, since it gives effect to Convention
No. 4, which has been ratified by that State.
182
THE LAW AND WOMEN'S WORK
women at night, for where legislation adopts the terms of the
international Convention concerning night work in bakeries 1
the length of the uninterrupted rest (7 hours according to the
Convention) and the periods during which employment is prohibited (according to the Convention 11 p.m. to 5 a.m., or 10 p.m.
to 4 a.m.) are less extended than those laid down by the international standards for the employment of women in all industrial
undertakings. Consequently, even where no reference is made
in the special legislation concerning bakeries to conditions of
employment for women, it may be assumed that the general law
applicable to industry prohibits the employment of women in
bakeries on conditions other than those laid down for the
employment of women in industry as a whole.
3. A third type of legislation is that which applies, so far
as adults are concerned, only to women. All the laws and regulations of this kind are included in the analysis. In industries
employing a large proportion of female labour, if there is no
technical need for continuous operation, the prohibition of
employment of women at night often tends to discourage the
use of night work, and thus to extend the practical effects of
legislative protection to both sexes.
It should be noted that there is also special regulation applying
to the employment of young persons. The legal position of girls,
which is not always the same as that of boys of the same age,
has been dealt with in another report published by the International Labour Office and entitled Children and Young Persons
under Labour Law.2 Since the present report is concerned with
the legal status of adult women, the analysis only summarises
legislative provisions applicable to women 18 years of age or
over, and the position of these women is compared only with
that of adult males.
4. Finally, there is another type of legislation dealing with
night work that is not analysed. This is legislation, not for the
prohibition of night work, but merely for its regulation, and
particularly for its restriction to shorter hours than are permissible by day. Provisions of this kind seldom apply to women
alone : a few of the States of the United States of America have,
however, adopted such legislation; their laws are analysed above
in the chapter on hours of work.
1
Convention No. 20 of 1925, which on 1 January 1939 had been
ratified by eleven States : Bulgaria, Chile, Colombia, Cuba, Estonia,
Finland, Ireland, Luxemburg, Nicaragua, Spain and Uruguay.
2
Studies and Reports, Series I, No. 3, 1935.
NIGHT WORK
183
§ 2.—Comparison of Regulations
When national legislation, as summarised in the analysis, is
examined, it will be seen that although the international Conventions have brought about some uniformity of provisions,
there are appreciable variations between one country and
another and especially between different groups of countries.
These differences are partly due to the historical circumstances
that have been referred to above. There has been a tendency
for States connected by their origin or closely related by local
interests to imitate each other. In some cases imitation occurred
before an international instrument existed to promote standardisation. Thus the legislation of Great Britain, which is on
different lines from those of the international Conventions of
Berne and of the International Labour Organisation, has served
as a model for a certain number of laws adopted by the States
now constituting the British Commonwealth of Nations.
DEFINITION OF THE NIGHTLY REST
Whereas many laws follow the international Conventions in
defining the nightly rest with reference both to the uninterrupted
period of rest and to the period during which all work is prohibited—according to the Convention eleven consecutive hours and
the period between 10 p.m. and 5 a.m. or between 11 p.m. and
6 a.m.—a characteristic feature of the British laws and regulations is that the period of uninterrupted rest is usually the
same as that during which all work is prohibited. British
legislation dates from an age when hours of work were still long
enough to allow continuous operation on a two-shift system,
using a day shift and a night shift, and originally divided the
24-hour day into two approximately equal parts in one of which
the employment of women was permitted and in the other
prohibited. Successive modifications have been frequent
enough, however, to allow for modern industrial practice and
the working of three shifts, two being daytime shifts during
which the employment of women is permitted and one a night
shift during which it is prohibited. Such adjustments were first
made in Great Britain in 1920, by means of a special Act to
regulate employment under a shift system, which was replaced
in 1936 by another Act with the same object. Many adjustments
have been made in the last few years in laws based on the British
184
THE LAW AND WOMEN'S WORK
model. Often ¿such laws maintain the earlier time limits as the
general rule to be enforced in undertakings working only one
shift, but allow, by way of exception, in undertakings where
successive shifts are worked, observance of a less restrictive
time-table, corresponding to that prescribed in the international
Conventions.
In compliance with a Central American Convention, the laws
of several Latin-American countries have divided the 24 hours
into roughly equal periods representing day and night.
The three international Conventions of 1906, 1919, and 1934
were designed to permit the employment of women in two dayshifts of 8 hours each and a great many laws have adopted that
schedule and resemble one another even more than the laws in
the two groups just mentioned.
Even between laws that are directly based on the international Conventions, there are, however, divergencies other than
those deriving from the slight differences between the three
Conventions. These international instruments leave it to the
ratifying States to make detailed provisions, in several important
matters, for applying the principles they lay down, and these
provisions have not always been made in the same way.
DETERMINATION OF SCOPE
The scope of regulations differs widely, and in three respects :
the size of the undertakings covered, the types of work included,
and the categories of persons subject to the regulations.
It has been seen that the Berne and Washington Conventions
differ considerably on the first two points. The number of
persons employed in the undertakings, which was not retained
as a criterion in the international instrument of 1919, is still
maintained in certain systems of legislation in countries which
became parties to the Berne Convention only : Germany and
Sweden still apply the regulations concerning the employment
of women at night only in undertakings employing not less than
ten persons. India, which is a party to the Washington Convention, makes use of the special exception which allows it to
apply this Convention only to undertakings considered as factories according to its national legislation, that is to say, to
undertakings employing a certain number of persons and using
mechanical power. The criteria of the number of workers and
the use of mechanical power have also been adopted by certain
NIGHT WORK
185
States not parties to the Conventions for defining the categories
of undertakings to be covered by the regulations.
Variations in the exact categories of undertakings covered
appear in the laws of States which are parties to the Conventions
of 1919 or of 1934, because these Conventions allow to ratifying
States a certain latitude in drawing the lines of demarcation
between industry and agriculture, and between industry and
commerce. Mixed activities have been placed by different States
on one or other side of the lines.
Should small workshops for working up agricultural produce
be considered industrial or agricultural undertakings when they
are attached to purely agricultural establishments ? Should the
regulations on night work apply to them or not ? The national
systems of legislation have given different replies : Yugoslavia,
for instance, considers them to be industrial and therefore applies
the regulations concerning the night work of women ; the neighbouring State of Hungary excludes them when they are chiefly
engaged in working up the produce of the agricultural undertakings to which they are attached.
Sometimes, also, it is difficult to make the distinction between
industry and commerce. The text of the Washington Convention excludes from the scope of the international regulations on
the employment of women at night an occupation which might
be placed in either category, namely, transport undertakings,
because the authors of the Convention took into account the
fact that the work of these undertakings has sometimes to be
continuous or to be extended for some time into the night. But
there are many other forms of occupation in which the decision is
difficult and has been left to the individual States. One in
particular has given rise to disputes in certain countries : the
position of telegraph and telephone services. The Washington
Convention clearly states that the construction, reconstruction,
maintenance, repair, alteration or demolition of any telegraphic
or telephonic installation is subject to the Convention, but it
says nothing about their operation. Consequently, parties to
the Convention are free to apply or not to apply the prohibition
of night work to telegraph and telephone services. In France
the Convention was originally applied, but as the female staff
of the telephone service wished, for financial reasons, to share in
night duty (which, in this department, has the advantage of
being extremely quiet and therefore less tiring than the day
shift), women employees were subsequently exempted, a step
186
THE LAW AND WOMEN'S WORK
for which additional justification could be found in the fact that
in France these services were placed under the Ministry of
Commerce.
It should be added that, on the same grounds, some States
do not apply the regulations concerning night work to persons in
industrial undertakings who are engaged in other than industrial
work, for instance in accounting and selling, which are considered
as commercial by the authorities (e.g. Great Britain, Ireland and
Switzerland).
Variations in the scope of national regulation also occur where
night work is prohibited elsewhere than in industry. The laws
and regulations of countries on the American continent fairly
frequently prohibit employment of women at night in commercial
establishments, although sometimes allowing rather wide
exceptions. In Europe prohibition of night work in such
establishments seldom takes the form of legislation applicable
only to women.
The age of the women employed, apart from girls under 18,
who are outside the scope of this report, is taken into account in
some laws, which lay down stricter rules for those under 21 than
for women above that age. Although formerly several States
(e.g. Belgium, and Portugal) only prohibited night work for
females under age, this practice has now been virtually abandoned.
The change was no doubt due to the influence of the international Conventions, but also resulted from the practical inconveniences which States experienced in applying this form of
restriction. Regulations covering only women who are not of
age, instead of leading to the abolition of night work in industries
employing female labour, merely meant that the night shift was
composed of women over the age of 21 years, the great majority
of whom were married women and mothers of families, to whom
the effects of night work are particularly harmful, since it is
very difficult for them to obtain adequate rest during the day.
For that reason legislation is now showing a contrary tendency to grant special protection against employment at night
to women whose family obligations impose upon them a double
task or whose health should be specially safeguarded because of
approaching or recent motherhood. In the U.S.S.R., for
instance, where the legislative provisions prohibiting the employment of women at night have in general been suspended, the
employment of pregnant women or nursing mothers on night
NIGHT WORK
187
work is still prohibited. In the Netherlands and Switzerland
exceptions are allowed less widely in the case of women with
household responsibilities. Provisions of this kind are also to be
foundin some laws and regulations dealingwith agricultural work..
Night work, in the strict sense of the term, is comparatively rare
in agriculture, but tasks which have regularly to be performed
late at night or early in the morning (e.g. the care of cattle,
milking, dairy work and the despatch and transport of goods to
market), happen to be just those which are generally entrusted
to women. All except two of the orders regulating agricultural
work in the different provinces of Austria contain provisionsprohibiting night work for all women who are in charge of a
household or for married women in that position.
DETERMINATION OF EXCEPTIONS
National laws also differ considerably as regards the exceptions they allow to the rule prohibiting the employment of women
at night. States which are parties to the Conventions of 1919
and 1934 have to determine what categories of industries shall
be allowed to make use of such exceptions as may be authorised
in the form either of complete exemption for industries dealing
with materials liable to rapid deterioration ; or of the option of
curtailing the nightly rest period in seasonal industries ; or at
times when work during the day-time is particularly trying on
account of the heat, and a prolonged break at noon justifies a
shorter nightly rest.
Under the first exceptions, a maritime country, such for
instance as the Netherlands, will exempt fish-curing works ;
a country like Greece, which is both agricultural and maritime,.
will add fruit preserving ; a country like Italy, where sericulture
is a national industry, will exempt women employed in operations
that have to be carried out very quickly once the cocoons have
matured.
In addition to the influence exercised in this respect by variety
of national production, account must also be taken of custom, for
the requirements of industry influence the provisions of regulations. There is a notable tendency to permit exceptions in
industries employing a large proportion of women workers, and
the industrial distribution of female labour is very different in
different countries.
188
THE LAW AND WOMEN'S WORK
When the prohibition of night work covers a long period the
number of exemptions will necessarily be great, for laws which
prohibit all work during an extended period are compelled to
provide exceptions which are not required under the more elastic
provisions of the Washington Convention.
Arrangements for the granting of exemptions also differ :
either they are fixed once and for all by legislation, or the law
states what authority may grant them. In the case of interruptions of work due to accident, or of the special options
granted to seasonal industries, it is not infrequently sufficient
for the head of the undertaking to give notice to the competent
supervisory authority, but in some countries previous permission
must be obtained even in these cases.
Special conditions of employment are fairly often prescribed
in connection with night work authorised under an exception,
these special conditions taking the form of shorter hours,
increased wages, breaks, and so on.
NIGHT WORK
189'
APPENDIX
REGULATIONS CONCERNING THE EMPLOYMENT
OF WOMEN DURING THE NIGHT
A.—INTERNATIONAL REGULATIONS
Berne Convention respecting the Prohibition of Night Work for Women
in Industrial Employment, 1906.
Scope : W employed in industrial undertakings employing more
than 10 workers. (Explicitly excluded : W working in industrial
undertakings in which only members of the same family are employed.)
Interval of prohibited employment : 10 p.m. to 5 a.m.
Uninterrupted rest period : 11 h.
Permanent exceptions : (a) In States outside Europe the nightly
rest period may be reduced if compensatory rest is accorded during the
day. (b) 10 years allowed for application in certain industries.
Temporary exceptions : as in Convention No. 4, see below.
International Labour Convention (No. 4), Night Work (Women), 1919.
Scope : W employed in industrial undertakings and their dependencies,
public and private :
(a) Mines, quarries, and other works for the extraction of mineralsfrom the earth ;
(b) Industries in which articles are manufactured, altered, cleaned,
repaired, ornamented, finished, adapted for sale, broken up or demolished,
or in which materials are transformed ; including shipbuilding, and the
generation, transformation, and transmission of electricity or motive
power of any kind;
(c) Construction, reconstruction, maintenance, repair, alteration,
or demolition of any building, railway, tramway, harbour, dock, pier,
canal, inland waterway, road, tunnel, bridge, viaduct, sewer, drain, well,
telegraphic or telephonic installation, electrical undertaking, gas work,
water work, or other work of construction, as well as the preparation for
or laying the foundations of any such work or structure.
(Each country to define its own line separating industry from commerce and agriculture.)
(Categories explicitly excluded: As in Berne Convention, see above.)
Interval of prohibited employment : 10 p.m. to 5 a.m.
Uninterrupted rest period : 11 h.
Permanent exceptions : (a) in countries where climate renders work
by day particularly trying to health, night period may be reduced if
compensatory rest is accorded during day ;
(b) in India and Siam (with notice filed with the International
Labour Office) any undertaking which is not a factory as defined by
national law.
Temporary exceptions : (a) in case of force majeure, when there
occurs an unforeseeable interruption of work which is not of a recurring
character ;
(b) for work on materials subject to rapid deterioration when
necessary to preserve them from certain loss ;
(c) for seasonal work or in exceptional circumstances ; night period
may be reduced to 10 h. on 60 days in a year.
190
THE LAW AND WOMEN'S
International
(Revised),
Labour
1934.
Convention
{No. 41),
WORK
Night
Work
(Women)
Scope : as in Convention No. 4, see above. (W holding responsible
positions of management who are not ordinarily engaged in manual
work are also excluded.)
Interval of prohibited employment : 10 p.m. t o 5 a.m.
Uninterrupted rest period : 11 h.
Permanent exceptions : (a) and (b) as in Convention No. 4, see
-above ;
(c) Where there are exceptional circumstances affecting workers
in a particular industry or area, competent national authority m a y ,
after consultation with employers' and workers' organisations concerned,
s u b s t i t u t e the interval between 11 p.m. and 6 a.m. for t h e interval
between 10 p.m. and 5 a.m. (see above : " Interval of prohibited employment ").
Temporary exceptions : as in Convention No. 4, see above.
Recommendation of the International Labour Conference (No. 13), Night
Work of Women (Agriculture),
1921.
Scope : W employed in agriculture.
Interval of prohibited employment : no provision.
Uninterrupted rest period : 9 h., consecutive if possible.
Convention for the Consolidation of Protective Labour Legislation, concluded
by Guatemala, Salvador, Honduras, Nicaragua and Costa Rica, 7 Feb.
1923, sec. 1 (5).
Scope : W wage earners.
Interval of prohibited employment : 7 p.m. to 5 a.m.
Uninterrupted rest period : No provision.
Permanent exceptions : For W over 15 years of age, national laws
m a y make exceptions with respect t o work suitable for W which, by
i t s nature, must be performed at night.
B.—NATIONAL LAWS A N D REGULATIONS
ALBANIA
A.—LEGISLATION
Hours ofWork (Women and Children) in Industry Act, 19 May 1936,
sees. 4, 6, 8, 9, 15.
B.—PROVISIONS
OF LEGISLATION
Scope : W employed in handicraft workshops or industrial undertakings (as defined in Conventions Nos. 4 and 41), whether public or
private, which make use of mechanical power of not less t h a n 5 I I P . or
•employ not less t h a n ten persons, (excluding W holding responsible
positions of management who are not ordinarily engaged in manual work).
Interval of prohibited employment : 10 p . m . t o 5 a.m. (bakeries,
9 p.m. t o 4 a.m.).
Uninterrupted rest period : 11 hours.
Permanent exceptions : By Ministerial permit : for W over 18
employed in undertakings which are not dangerous, unhealthy or noxious
a n d where the work does n o t involve t h e use of boilers or engines,
NIGHT WORK
191
provided that the night work does not exceed 8 hours and is not dangerous
to health.
Temporary exceptions : By Ministerial permit : in seasonal industries
reduction of the rest period to 10 hours 60 times in the year.
C.—RATIFICATIONS
Convention No. 4 : Ratification registered 17 Mar. 1932.
•
AMERICA, U N I T E D S T A T E S OF
A.—LEGISLATION
B Y STATES
California.
1. Industrial Welfare Commission Orders Nos. l i a and 15a, 1923.
2. lb.
Nos. la and 8a, 1923.
Connecticut.
1. General Statutes, 1930, sec. 2 3 6 3 ; cumulative supplement 1931-35,
p. 703, sec. 1600c ; p. 704, sec. 1605c.
2. Statutes, 1930, sec. 5197.
Delaware.
Session laws, 1917, ch. 2 3 0 ; 1935, ch. 214.
District of Columbia.
Indiana.
Code, 1929, sec. 119.
Session laws, 1933, ch. 68.
Kansas.
1. Commission of Labor and Industrv Order No. 2, 1936.
2. lb. Order No. 3,1936.
3. lb. Order No. 1,1936.
4. lb. Order No. 4, 1936.
Massachusetts.
1. Session laws, 1936, ch. 170.
2. Session laws, 1933, ch. 193 ; 1935, ch. 203.
Nebraska.
Cum. supplement to compiled statutes, 1933, sees. 48-205.
New Jersey.
Cumulative supplement to compiled statutes, 1911-1924,
sees. 107-137C(l)a.
New York.
1. Cahill's consolidated laws, 1930, ch. 32, sec. 2172.
2. lb. sec. 181, Cum. supplement, 1931-1935, ch. 32, sec. 181.
3. lb. sec. 182.
4. Cahill's consol, laws, 1930, ch. 32, sec. 183.
North Dakota.
1. Min. Wage Department Order, No. 1, 1932.
2. lb. No. 3, 1932.
3. lb. No. 4, 1932.
Ohio.
Pages' Code, 1932, sec. 1008-1.
Oregon.
1. State Welfare Commission, Order No. 39, 1931.
2. State Welfare Commission, Orders 1934, 5 May, 29 April 1934.
3. State Welfare Commission, Order 4 April 1934.
4 . lb. No. 45, 1931.
192
THE LAW AND WOMEN'S WORK
Pennsylvania.
1. Statutes, 1920, sec. 13543.
2. lb. sees. 13540, 13544.
Puerto Rico. Session laws, 1930, Act. 28.
Washington. Industrial Welfare Commission, Order No. 23, 1921.
Wisconsin.
1. Industrial Commission Order No. 1, 1923.
2. Special orders of Industrial Commission, 1936.
3. Statutes, 1935, sees. 103-05 (3a, 3b, 13).
B.—PROVISIONS OF LEGISLATION
California.
1. Scope : W engaged in manufacturing ; nut cracking and sorting.
2. W engaged in laundries and dry cleaning ; dried fruit packing1. Interval of Prohibited Employment : 11 p.m. to 6 a.m.
2. 10 p.m. to 6 a.m.
1 and 2. Uninterrupted rest period : No provision.1
1. Permanent exceptions : In continuous processes, under a permit from'
the Industrial Welfare Commission, if time and a half is paid.
Connecticut.
1. Scope : W in manufacturing (including laundry), mechanical or
mercantile establishment, restaurant, dining room, hairdressing or
manicuring establishment or photograph gallery. ( Explicitly excluded :
Hotels.)
Interval of prohibited employment : 10 p.m. to 6 a.m.
Temporary exceptions : In the event of war or other serious emergency, the Governor of the State may suspend the prohibition.
2. Scope : All females in bowling alley, shoe-shining establishment,.
billiard, or pool rooms.
Interval of prohibited employment : after 10 p.m.
Delaware. Scope : W engaged in mechanical and manufacturing establishments, laundries, or offices, bakeries, printing establishments,.
dressmaking establishments.
Interval of prohibited employment : 10 p.m. to 6 a.m.
Permanent exceptions : (a) Canning or preserving perishablefruits or vegetables; (b) Work in plants requiring continuous operations.
District of Columbia. Scope ; Messengers (females under 21).
Interval of prohibited employment : 7 p.m. to 6 a.m.
Indiana. Scope : W engaged in manufacturing.
Interval of prohibited employment : 10 p.m. to 6 a.m.
Permanent exceptions : In establishments operating 2 shifts of
not more than 8 h. each and for not more than 5 days a week W may
work until 12 p.m.
Kansas.
1. Scope : W engaged in manufacturing.
Interval of prohibited employment : 9 p.m. to 6 a.m.
1
As no provision for uninterrupted rest period exists in any of the States following im
this list, this item has been omitted from all other States.
NIGHT WORK
193
Permanent exceptions : Millinery workrooms, dressmaking establishments, hemstitching and button shops, and the alterations,
drapery and upholstery departments of mercantile establishments
may obtain permission from the Women's Division of the Commission
of Labor and Industry to operate under the " mercantile " order,
see 2 below.
2. Scope : W engaged in mercantile occupations. (Explicitly excluded:
regularly registered pharmacists.)
Interval of prohibited employment : After 9 p.m.
Temporary exceptions : Women's Division of Commission of Labor
and Industry may permit mercantile establishments in agricultural
communities to remain open 1 day a week until 10 p.m. for any specified
number of weeks between 1 J u n e and 15 Sep.
3. Scope : W engaged in laundry, dyeing, dry cleaning and pressing
establishments.
Interval of prohibited employment : 9 p.m. to 6 a.m.
4. Scope : W under 21 engaged in all types of public housekeeping, as
elevator operators and clerks in hotels, restaurants and hospitals.
Interval of prohibited employment : 12 p.m. to 5 a.m.
Massachusetts.
1. Scope : \V engaged in (a) manufacturing or mechanical establishments ; (b) manufacturing of textile goods and leather.
Interval of prohibited employment (a) 10 p.m. to 6 a.m. ; (b) 6 p.m.
to 6 a.m.
Permanent exceptions : (b) Under legislative authority of Commission of Labor and Industries, effective until 1 April 1938, rules for
6 branches of the textile industry permit employment unti! 10 p.m.
under regulations limiting the percentage of W so employed and
providing" for preference to W before and to men after 6 p.m.
2. Scope : W under 21 engaged in mercantile establishments, barbers'
shops, bootblack stands, public stables or garages, brick or lumber
yards, telephone exchanges, telegraph or messenger offices, construction or repair of buildings or in any contract or wage-earning industry
carried on in tenement or other houses, or in any broadcasting station
except as a performer.
Interval of prohibited employment : 10 p.m. to 5 a.m.
Permanent exceptions : W operators in regular service telephone
exchanges may work until 11 p.m.
Nebraska.
Scope : W engaged in manufacturing, mercantile and mechanical establishments, and laundries, hotels, restaurants ; or offices
in metropolitan cities and cities of the 1st class. (Explicitly excluded:
public service corporations.)
Interval of prohibited employment : 12.30 p.m. to 6 a.m.
New Jersey. Scope : W engaged in manufacturing, bakeries and laundries.
Interval of prohibited employment : 10 p.m. to 6 a.m.
Permanent exceptions : Canneries engaged in packing a perishable
product.
New York.
1. Scope : (a) W over 21 engaged in factories, i.e. mills, workshops,
and other manufacturing establishments ; laundries, (b) W under 21
in above establishments. (Explicitly excluded: W over 21 engaged
as proof readers in newspaper publishing establishments, linotypists
and monotypists.)
Interval of prohibited employment : (a) 10 p.m. t o 6 a.m. ; (b) 9 p.m.
to 6 a.m.
13
194
THE LAW AND WOMEN'S WORK
2.
Scope : W engaged in mercantile establishments. (Explicitly
excluded : Writers or reporters in newspaper offices and duly licensed
pharmacists.)
Interval of prohibited employment : 10 p.m. to 7 a.m.
Temporary exception : 18-24 D e c , inclusive.
3. Scope : W engaged in work in or in connection with restaurants,
in cities of 50,000 population or more. (Explicitly excluded: Singers
or performers, ladies' cloakroom parlour attendants, employees
in or in connection with dining rooms and kitchens of hotels or
employees' restaurants.)
Interval of prohibited employment : 10 p.m. to 6 a.m.
4. Scope : W engaged in care, custody, or operation of any elevator.
Interval of prohibited employment : 10 p.m. to 7 a.m.
Permanent exceptions : If elevator is used for business or industry
where work starts at 7 a.m. and where employment of W before then
is allowable, elevator operators may begin at 6 a.m. Hotels.
North Dakota.
1. Scope : W elevator operators.
Interval of prohibited employment : 11 p.m. to 7 a.m.
Temporary exceptions : In case of emergencies, temporary suspension or modification possible, through Department of Agriculture
and Labor.
2. Scope : W in mercantile occupations. (Explicitly excluded : W who
perform office duties solely).
Interval of prohibited employment : After 9 p.m.
Temporary exceptions : as in Ref. No. 1 ; Saturday nights from
April to Oct. inclusive, work until 10 p.m.
3. Scope : W engaged in laundry occupations.
Interval of prohibited employment : before 6 a.m.
Temporary exceptions : As in Ref. No. 1.
Ohio. Scope : W ticket sellers.
Interval of prohibited employment : 10 p.m. to 6 a.m.
Oregon.
1. Scope : W engaged in manufacturing occupations, various sorts
of workrooms connected with retail shops.
Interval of prohibited employment : After 8.30 p.m.
Permanent exception : Fruit and vegetable drying, canning, preserving and packing establishments.
2. Scope : W engaged in needlecraft, laundry, cleaning and dyeing
occupations. (Explicitly excluded : Laundries with less t h a n two
persons employed).
Interval of prohibited employment : 6.30 p.m. to 7.30 a.m.
3. Scope : W engaged in mercantile occupations.
Interval of prohibited employment : After 6 p.m.
Temporary exceptions : in case of national emergencies.
4. Scope : W elevator operators.
Interval of prohibited employment : 11 p.m. to 7 a.m.
Pennsylvania.
1. Scope : W of 21 and over engaged in manufacturing. (Explicitly
excluded : Managers, superintendents or persons doing clerical or
stenographic work).
Interval of prohibited employment : 10 p.m. to 6 a.m.
NIGHT WORK
195
2.
Scope : W under 21 engaged in any establishment. (Explicitly
excluded : Telephone operators over 18 ; work in private homes, and
farming).
Interval of prohibited employment : 9 p.m. to 6 a.m.
Puerto Rico. Scope : W in any lucrative employment. (Explicitly
excluded : telephone operators ; telegraphists ; artists, nurses ;
domestics).
Interval of prohibited employment : 10 p.m. to 6 a.m.
Permanent exceptions : In packing, canning, and refrigeration of
fruits and vegetables, W may under certain restrictions be employed
for limited hours if they have not been employed during the day, but
not over 8 h. or 48 h. during the week.
Washington.
Scope : W elevator operators.
Interval of prohibited employment : After midnight.
Wisconsin.
1. Scope : W in manufactories and laundries.
Interval of prohibited employment : 6 p.m. to 6 a.m.
Permanent exceptions : work until 10 p.m. by special permit of
Industrial Commission if not more than 8 h. work within a 12-h.
period and if special conditions are met.
2. Temporary exceptions : Night work permitted in the canning of
specified fruits and vegetables during the actual canning season.
3. Scope : W under 21 employed as messengers for telephone and
telegraph or messenger companies in 1st, 2nd and 3rd class cities in
the distribution of goods.
Interval of prohibited employment : 8 p.m. to 6 a.m.
ARGENTINA
A.—LEGISLATION
Employment of Women and Young Persons Act, 30 Sep. 1924, sec. 6,
nrnl Hours of Work (Hotel Industry) Decree, 29 Sep. 1936, sec. 12.
B.—PROVISIONS
OF LEGISLATION
Scope : W employed in industry and commerce, (excluding Wemployed
in hospital services and domestic services—also, chambermaids, linen
maids and cloakroom attendants in the hotel industry—and W over 18
employed in entertainment undertakings—also, W musicians in the
hotel industry).
Interval of prohibited employment : 8 p.m. to 7 a.m. in winter, 8 p.m.
t o 6 a.m. in summer.
Uninterrupted rest period : No provision.
C.—RATIFICATIONS
(a) Convention No. 4 : Ratification registered 30 Nov. 1933.
(b) Convention No. 41 : Ratification recommended to competent
national authority.
AUSTRALIA
A.—LEGISLATION
New South Wales : Factories and Shops Act, 1912-1936 ; sees. 2, 3, 4 and
46 ; and Proclamation of 26 July 1932.
Queensland : Factories and Shops Act, 1900-1920, sees. 4 and 46.
196
THE LAW AND WOMEN'S WORK
South Australia : Act amending the Industrial Code, No. 1720 of 1925,
sees. 279, 340 and 355.
Tasmania : Factories Act, No. 57 of 1910, sees. 4, 51 and 58.
Victoria : Factories and Shops Act, No. 3677 of 1929, as amended by
Factories and Shops Act, No. 4275 of 1934, sees. 3 and 38.
B . — P R O V I S I O N S OF LEGISLATION
New South Wales : Scope : W employed in factories, laundries and dye
works using mechanical power, bakeries, shipyards, docks and other
specified classes of establishments ; any manufacturing establishments
to which the Governor declares the Act applicable. (Explicitly
excluded : Staff in buildings used for manufacture of dairy produce,
for sheep-shearing and wool storing ; ships).
Interval of prohibited employment : 6 p.m. to 6 a.m.
Uninterrupted rest period : no provision.
Temporary exceptions : In case of overtime work to meet exigencies
of industry (this is limited to 3 h. overtime on not more than 3 consecutive days or 24 days a year or, b y permit from the Minister, 48 days).
Queensland. Scope : W in factories, laundries and bakeries employing 2
or more persons or any person of Asiatic race or using mechanical
power. (Explicitly excluded : Premises used exclusively for pastoral
or agricultural purposes ; mines, ships ; prisons and certain other
institutions).
Interval of prohibited employment : 6 p.m. to 6 a.m.
Uninterrupted rest period : no provision.
South Australia.
Scope : W employed in (a) factories of every sort,
including laundries, quarries and power plants ; (b) typesetting in
printing offices. (Explicitly excluded : Staffs of medical dispensaries
and dentists' and chemists' laboratories).
Interval of prohibited employment : (a) after 9 p.m. ; (b) 8 p.m. t o
6 a.m.
Uninterrupted rest period : no provision.
Tasmania.
Scope : (a) W in factories employing 4 or more persons, or
any person of Asiatic race or using mechanical power of more than
one horse power ; all bakeries, quarries, clay pits and power plants.
(Explicitly excluded : Ships ; mines and collieries, premises used for
agricultural, horticultural and like purposes ; prisons and certain other
institutions.)
(b) W employed in type-setting in printing offices.
Interval of prohibited employment : (a) After 9 p.m. in the production
of saleable goods, (b) 9 p.m. t o 6 a.m.
Uninterrupted rest period : no provision.
Victoria. Scope : W in factories employing 4 or more persons or any
Chinese person, or using more than y2 horse power of mechanical
power ; bakeries ; quarries and certain other establishments irrespective of number of employees.
Interval of prohibited employment : after 9 p.m.
Uninterrupted rest period : no provision.
AUSTRIA
A.—LEGISLATION
1.
Prohibition of Night Work (Women and Young Persons) (Industry)
Act 14 May 1919).
2. Mining Act, 28 J u l y 1919, sees. 2, 14.
3. Ratification of Washington Convention Act, 19 J u l y 1924.
NIGHT WORK
B.—PROVISIONS
1.
197
OF LEGISLATION
1
Scope : W workers employed in undertakings subject to the
Industrial Code (i.e.' industrial and commercial undertakings and other
wage-earning occupations) and in any other producing undertakings
and commerce, excluding, among others, W workers in mines and
agriculture.
2. W workers 1 employed in mines and extractive undertakings.
3. As in Convention No. 4.
1 and 2. Interval of prohibited employment : 8 p.m. to 5 a.m. ; shift work
10 p.m. to 5 a.m.
1 and 2. Uninterrupted rest period : 11 hours.
Temporary exceptions :
1. (a) By ministerial permit and in the interest of the workers as a
whole (permits of this kind have been granted for the sugar industry
during the season Oct. to Jan.).
(b) W over 18 : in case of exceptional pressure of work or to prevent
loss of raw materials night work authorised on not more than eight
consecutive days and 24 days in the year.
2. In the public interest, by ministerial permit after consultation with
employers and consent of the miners' unions.
C.—RATIFICATIONS
(a) Berne Convention : Ratified in 1909.
(b) Convention No. 4 : Ratification registered 12 J u n e 1924.
BELGIUM
A.—LEGISLATION
Employment of Women and Children Act, 28 Feb. 1919, amended by
sec. 31 of the Eight-Hour Day Act, 14 J u n e 1921, Act of 7 April 1936
and Act of 15 June 1937 extending the 8-hour day to nursing staff (sees.
7, 8, 11-14).
B.—PROVISIONS
OF LEGISLATION
Scope : In a general way, all W wage earners employed in industrial
undertakings, certain commercial undertakings (including hotel industry)
and certain offices, in land and water transport, in all undertakings
classified as dangerous, unhealthy or noxious, even if they are family
undertakings, in family workshops using mechanical power (both public
and private undertakings even if intended for industrial instruction
or charitable purposes). The scope of the 1919 Act comprises that of
the Eight-Hour Day Act and is consequently extended by the extension
of the latter Act to additional classes of commercial establishments.
Interval of prohibited employment : 10 p.m. to 5 a.m.
Uninterrupted rest period : 11 hours.
Permanent exceptions : By Royal Order : (a) in hotel industry,
extension of work beyond 10 p.m. (11 hours' uninterrupted rest) ; (b) in
exceptional circumstances, for a specified industry or region, after
consultation with employers' and workers' organisations, the interval
of 11 p.m. to 6 a.m. may be substituted for t h a t of 10 p.m. to 5 a.m. (c)
under the Act of 15 J u n e 1937 W nurses working in successive shifts.
1
According to information provided by the Austrian Government, the Acts of 14 May
and 28 July 1919 are deemed to have been amended by the Act of 19 July 1924 for the
ratification of the Washington Convention, to mean that the prohibition of night work
applies to women whether engaged in intellectual or in manual work.
198
THE LAW AND WOMEN'S WORK
Temporary exceptions : (a) By permit from t h e Governor work
m a y be continued after 10 p.m. and begin before 5 a.m. 60 times in the
year (10 hours' uninterrupted rest) in case of (i) force majeure—-interruption of work impossible t o foresee a n d not recurrent, (ii) serious circumstances, if in the public interest.
(b) By Royal Order for W over 18 : (i) night work authorised for
handling perishable goods, (ii) reduction of t h e night's rest t o 10 hours
60 times in t h e year in t h e seasonal industries fixed by t h e Order.
C—RATIFICATIONS
(a) Berne Convention : Ratified 1909.
(b) Convention No. 4 : Ratification registered 12 J u l y 1924,
denounced 4 Aug. 1937.
(c) Revised Convention N o . 41 : Ratification registered 4 Aug. 1937.
Belgian
Congo
A.—LEGISLATION
Night Work (Indigenous Workers) Order, 5 Oct. 1935, sec. 1, amended
by t h e Order of 24 Feb. 1937.
B . — P R O V I S I O N S OF LEGISLATION
Scope : Indigenous W employed in public or private industrial
undertakings (defined as in Conventions Nos. 4 and 41) or in transport.
Interval of prohibited employment : 8 p.m. to 6 a.m.
Uninterrupted rest period : No provision.
BOLIVIA
A.—LEGISLATION
Protection of Women and Children (Industry) Decree, 21 Sep. 1929,
sec. 7, a n d administrative regulations (undated), sec. 12.
B.—PROVISIONS
OF LEGISLATION
Scope: W employed in all undertakings (excluding adult W employed
in domestic service, the care of the sick, or entertainment undertakings).
Interval of prohibited employment : 9 p.m. to 6 a.m.
Uninterrupted rest period : No provision.
BRAZIL
A.—LEGISLATION
Employment of Women (Industry and Commerce) Decree, No. 21417,
17 May 1932, sees. 2, 3.
B . — P R O V I S I O N S O F LEGISLATION
Scope : W employed in public or private industrial or commercial
undertakings (excluding W employed in hospital services a n d personally
responsible for the treatment of the sick, W over 18 employed in telephone a n d wireless telephone services, a n d W n o t engaged in normal
and continuous work b u t occupying responsible positions of management).
Interval of prohibited employment : 10 p.m. to 5 a.m.
Uninterrupted rest period : No provision.
199
NIGHT WORK
Temporary exceptions : (a) In case of force majeure : interruption of
work which is impossible t o foresee and is not of a recurring character.
(b) To prevent loss of raw materials or materials subject t o rapid
deterioration.
C.—RATIFICATIONS
(a) Convention No. 4 : Ratification registered 26 April 1934, denounced
12 May 1937.
(b) Convention No. 41 : Ratification registered 8 J u n e 1936.
BULGARIA
A.—LEGISLATION
"Workers' Health and Safety Act, 1917, sec. 18, amended by Hours
of Work Decree No. 24, 24 J u n e 1919, a n d its Administrative Order
No. 2834, 1919.
B . — P R O V I S I O N S OF LEGISLATION
Scope : W employed in industrial, handicraft, commercial, building
and transport undertakings.
Interval of prohibited employment : 8 p.m. t o 6 a.m.
Uninterrupted rest period : No provision.
Permanent exceptions : (a) For so-called feminine work which
cannot be postponed to daytime hours, in public utility undertakings
(curative institutions, baths, asylums, etc.) ;
(b) W over 21 in theatres and restaurants ;
(c) By ministerial permit : in continuous process factories work m a y
continue until 9 p.m. and begin at 5 a.m.
Temporary exceptions : in case of unforeseen circumstances due t o
force majeure.
C.—RATIFICATIONS
Convention No. 4 : Ratification registered 14 F e b . 1922.
CANADA
A.—LEGISLATION
British Columbia.
6, 13, 14.
Manitoba.
Factories Act : Revised Statutes 1936, ch. 92, sees. 2,
Factories Act : Revised Statutes 1913, ch. 70, sees. 2 and 15.
New Brunswick.
3 and 9.
Factories Act : Revised Statutes 1927, ch. 159, sees. 2,
Nova Scotia. Factories Act : Revised Statutes 1923, ch. 160, sees. 3, 17
and 18 and schedule, form A.
Ontario. Factories, Shops and Office Buildings Act.
ch. 35, sees. 2, 30, 32 and 33.
Statutes of 1932,
Quebec. Industrial Establishments Act : Revised Statutes 1925, ch. 182,
sec. 3 : as amended by laws of 1934, ch. 55, sec. 10, and b y Act of
1935, ch. 63, sec. 1.
Saskatchewan.
Factories Act : Statutes 1930, ch. 220, sees. 3, 11 and 12,
amended as t o sec. 3 by ch. 102 of 1936, sec. 1.
200
THE LAW AND WOMEN'S WORK
B . — P R O V I S I O N S OF LEGISLATION
British Columbia. Scope : W in factories employing 3 or more persons ;
factories using mechanical power, including dwellings using power and
employing others than members of the same family.
Interval of prohibited employment : Overtime work (allowed by permit
on certain conditions) may not be between 18 p.m. and 7 a.m.
Uninterrupted rest period : No provision.
Temporary exceptions : Canning or curing fish and fruit canning
during the busy season.
Manitoba, (a) Scope as in British Columbia ; (b) W in shops.
Interval of prohibited employment : As in British Columbia but
between 10 p.m. and 7 a.m.
New Brunswick. Scope : W in factories employing 10 or more persons ;
factories using mechanical power ; laundries ; dwellings using power
and employing others than members of the same family. (Explicitly
excluded : Lobster, fish and fruit canning establishments unless
declared under the Act by the Lieutenant-Governor in Council.)
Interval of prohibited employment : As in British Columbia, but
between 10.30 p.m. and 7 a.m.
Nova Scotia. Scope : W in factories using mechanical power ; cleaning
and dyeing establishments ; other premises declared by the Governor
to be under the Act and dwellings using power and employing others
than members of the same family. (The Lieutenant-Governor in
Council may exempt any establishment or any part thereof from
application of whole or part of the Act, permanently or temporarily).
Interval of prohibited employment : As in British Columbia, but
between 9 p.m. and 6 a.m.
Temporary exceptions : In canning or drying of fruit or vegetables,
for not more than 20 days between 1 July and 31 Oct., W may be
employed after 9 p.m.
Ontario. Scope : (a) W in factories explicitly including laundries
employing one or more persons. (Excluded : factories where no
mechanical power is used and not more than 5 persons are employed.)
(b) W in shops and restaurants. (Excluded: restaurants and dining
rooms of hotels.)
Interval of prohibited employment : (a) 6.30 p.m. to 7 a.m. (double
shift, see " Permanent exceptions "). (b) 11 p.m. to 7 a.m.
Permanent exceptions : Work on a double-shift system may fall
in any hours except those between 11 p.m. and 6 a.m.
Temporary exceptions : (a) and (b) Overtime work (one shift)
may not be between 9 p.m. and 6 a.m. On special permit from inspector work may be after 6.30 p.m. in factories or 11 p.m. in shops and
restaurants and before 7 a.m. in either.
Quebec. Scope : (a) W in industrial establishments in cities and towns
of over 10,000 inhabitants. (Excluded : Mines and such premises
as the Lieutenant-Governor may indicate) :
(b) W in commercial establishments, in equally large cities and towns.
Interval of prohibited employment : (a) 6 p.m. to 6 a.m. (double shift,
see " Permanent exceptions "). (b) 11 p.m. to 7 a.m.
Permanent exceptions : Work on double-shift system authorised
by Chief Inspector may fall in any hours except those between 11 p.m.
and 6 a.m.
1
As no provision for uninterrupted rest period exists in any of the provinces following
in this list, this item has been omitted from all other provinces.
NIGHT
WORK
201
Temporary exceptions : (a) and (b) Overtime work (one shift)
may not be between 9 p.m. and 6 a.m. (b) On the single days
preceding Christmas, New Year and Easter work must stop at 10 p.m.
Saskatchewan.
Scope : W in factories (including bakeries, laundries,
etc.) and dwellings using mechanical power and employing other than
members of the same family.
Interval of prohibited employment : After 6.30 p.m.
Temporary exceptions : Overtime allowed by special permit from
inspector must not be between 10 p.m. and 7 a.m.
CHILE
A.—LEGISLATION
Labour Code, 13 May 1931, sec. 48.
B.—PROVISIONS
OF LEGISLATION
Scope : W workers employed in industrial undertakings.
Interval of prohibited employment : 8 p.m. to 7 a.m.
Uninterrupted rest period : No provision.
C.—RATIFICATIONS
Convention No. 4 : Ratification registered 8 Oct. 1931.
CHINA
A.—-LEGISLATION
Consolidated Factory Act of 30 Dec. 1932, sees. 1 and 13.
B.—PROVISIONS OF LEGISLATION
Scope : W employed in factories using mechanical power and usually
employing 30 or more workers.
Interval of prohibited employment : 10 p.m. to 6 a.m. (not in force). 1
Uninterrupted rest period : No provision,
COLOMBIA
C.—RATIFICATIONS
Convention No. 4 : Ratification registered 20 June 1933.
CUBA
A.—LEGISLATION
I
1.
Employment of Women (Industry) Legislative Decree No. 598,16 Oct.
1934, sees. I, IV, V, X X I I .
2.
Administrative Decree No. 1024, 27 Mar. 1937, sees. 4, 10-13/
and Resolution No. 119/27 Aug. 1937.
1
The operation of the night work of women provisions of the Factory Act has been
suspended by various successive orders, the latest of which, dated 9 Sep. 1936, continues
suspension until 1 Aug. 1937.
• Sec. XXII of Act No. 598 and sec. 4 of Decree No. 1024 provided that if women were
employed at night in the undertakings covered by the legislation at the time when it came
into force, the employers must take the necessary measures to give these women work during
the day without loss of their posts.
202
THE LAW AND WOMEN'S WORK
B.—PROVISIONS OF LEGISLATION
1 and 2. Scope : Women employed by private persons or in public
or private industrial undertakings and their branches (defined as in
the Convention) ; (excluded : W domestic employees and W employed
in hospital undertakings, public communications and transport
services, entertainment undertakings and establishments selling goods
whose sale is reserved by law to W)\
Interval of prohibited employment :
1. 10 p.m. to 5 a.m.
2. 6 p.m. (7 p.m. in summer) to 5 a.m.
Resolution No. 119 leaves employers and workers free to choose
between the application of the intervals mentioned under 1 and 2
in order to allow of the employment of W on the two-shift system.
1. Uninterrupted rest period : 11 hours.
Temporary exceptions : (a) During the summer the night's rest
may be reduced to 10 hours, subject to a compensatory rest in the day.
(b) By special permit night work allowed during six consecutive
nights for not more t h a n 6 hours per night or 36 hours per week (i) in
case of force majeure causing an interruption of work impossible to
foresee and not recurrent, (ii) to prevent loss of perishable materials.
C.—RATIFICATIONS
Convention No. 4 : Ratification registered 6 Aug. 1928.
GZEGHO-SLOVAKIA
A.—LEGISLATION
Eight-Hour Day Act, 19 Dec. 1918, sees. 8, 9, 12. Administrative
Order, 11 J a n . 1919, under the Eight-Hour Day Act. Circular, 21 March
1919, to ensure enforcement of the Eight-Hour Day Act.
B . — P R O V I S I O N S OF LEGISLATION
Scope : Manual and intellectual workers in undertakings subject
to the Industrial Code (i.e. industry, commerce and wage-earning
occupations in general), undertakings, factories and establishments
run by the State, public or private associations, endowments, groups or
societies whether for profit or for charitable or public utility purposes,
mining undertakings, agricultural and forestry undertakings as regards
persons not living in the employer's household (excluding home workers
if their work does not appear to be a continuation of work at the workshop).
Interval of prohibited employment ; M and W : 10 p.m. to 5 a.m.
Uninterrupted rest period : M and W : domestic servants (agricultural
and other) and private watch-keepers, 8 hours in the night (12 hours in
all).
Permanent exceptions : (a) M of over 16 : night work authorised
when technical reasons require the continuous working of the undertaking,
in the public interest, to meet regular public needs, for urgent repairs
or in case of accidents.
(b) W over 18 : exceptions may be permitted if necessary for the
continuous working of the undertaking or in the public interest, provided
the W perform only light work.
1
Decree No. 1024 provides that 100 per cent, of the staff employed in selling articles
for feminine use, and 50 per cent, of the staff engaged in selling sports goods, ironmongery,
perfumery, drugs, flowers, confectionery and sweets, toys, objets d'ari, books and stationery,
must be women.
NIGHT WORK
203
Exceptions have been permitted : in agricultural undertakingsfor vine and fruit growing, the care of animals, the production and working up of agricultural products and their transport to market ; in dairies ;
in hotels and kitchen services in the hotel industry ; in booking offices
in stations and transport undertakings ; in telephone and telegraph
services ; for delivery of newspapers ; in theatres and places of entertainment ; in hospitals, maternity homes, mental hospitals ; in prisons.
Temporary exceptions : The Minister may designate the classes of
undertakings in which W over 18 may be employed at night for a short
period t o deal with perishable goods.
Undertakings designated : manufacture of jam and fruit pulp, drying
of vegetables and fruit during the season.
C.—-RATIFICATIONS
Convention No. 4 : Ratification registered 24 Aug. 1921.
DOMINICAN REPUBLIC
A.—LEGISLATION
Hours of Work Act No. 929, 21 J u n e 1935, sec. 10.
B . — P R O V I S I O N S OF LEGISLATION
Scope : W employed in industrial undertakings.
Interval of prohibited employment : 10 p.m. to 5 a.m.
Uninterrupted rest period : No provision.
ECUADOR
A.—LEGISLATION
Labour Code, 5 Aug. 1938, sees. 64, 86.
B.—PROVISIONS OF LEGISLATION
Scope : All wage-earning W (excluding W employed in domestic
service).
Interval of prohibited employment : 7 p.m. to 6 a.m.
Uninterrupted rest period : No provision.
EGYPT
A.—LEGISLATION
1.
Employment of Women in Industry and Commerce Act, No. 80
of 1933 (17th Rabi El-Awal 1352), sees. 1, 2 and 5-8.
2. Order of 14th Ramadan, 1352 (31 Dec; 1933) respecting night work
in seasonal industries, sec. 1.
B.—PROVISIONS OF LEGISLATION
1 and 2. Scope : W employed in industrial establishments (as defined
in Conventions No. 4 and No. 41), also in transport, archaeological
excavations and commerce. (Explicitly excluded : W holding positions
of management or employed in a confidential capacity ; W commercial
travellers and representatives when working outside the establishment).
1. Interval of prohibited employment : 9 p.m. to 5 a.m.
Uninterrupted rest period : 11 h.
1. Permanent exceptions : W employed in (a) restaurants, cafés, buffets, hotels and places of amusement ; (b) river transport.
204
THE LAW AND WOMEN'S WORK
,1.
Temporary exceptions : (a) In case of actual or threatened accident
or to prevent loss of materials (if authorities are notified within 24
hours) ; (b) on occasion of festivals (by advance consent of authorities) ;
(c) in seasonal industries working up perishable materials, as specified
by Order (see below).
2. Industries to which 1(c) is applied : onion sorting (1 Mar. to 30
June) ; sorting and packing of vegetables and fruit (1 Oct. to 31
Mar.) ; sorting and packing of eggs (1 Nov. to 31 Mar.).
ESTONIA
A.—LEGISLATION
Employment of Children, Young Persons and Women Act, 20 May
1924, amended by Acts of 19 Nov. 1929 and 13 Nov. 1935, sees. 17-20.
B . — P R O V I S I O N S OF LEGISLATION
Scope : W employed in industrial undertakings (definition of Conventions Nos. 4 and 41, except t h a t family undertakings are not excluded),
(excluding W holding responsible positions of management who are not
•ordinarily engaged in manual work).
Interval of prohibited employment : single-shift work, 9 p.m. to 5 a.m. ;
two-shift work, 10 p.m. to 5 a.m.
Uninterrupted rest period : 11 hours.
Permanent exceptions : In exceptional circumstances and after
consultation with the employers' and employees' organisations concerned,
the competent Minister may authorise the substitution of the interval
between 11 p.m. and 6 a.m. for the interval between 9 p.m. and 5 a.m.
in the case of W employed in specified industries and areas or in a
particular undertaking.
Temporary exceptions : (a) In case of accident or non-recurrent
force majeure ; (b) to deal with perishable goods ; (c) in seasonal
industries and in exceptional circumstances, the rest period may be
reduced to 10 hours on not more than 60 days in the year.
C.—RATIFICATIONS
(a) Convention No. 4 : Ratification registered 20 Dec. 1922, denounced
28 J a n . 1936.
(b) Revised Convention No. 41 : Ratification registered 21 Dec. 1935.
FRANGEl
A.—LEGISLATION
Labour Code, Book II, sees. 21-25, amended by Act of 24 J a n . 1925,
•and Decree of 5 May 1928 specifying allowances and exceptions.
B . — P R O V I S I O N S OF LEGISLATION
Scope : W employed in works, factories, mines, quarries, yards,
workshops, and their branches, public or private, lay or religious, even
if intended for industrial instruction or charitable purposes.
Interval of prohibited employment : 10 p.m. to 5 a.m.
Uninterrupted rest period : 11 hours.
1
A Decree of 21 April 1939 on t h e increase of weekly working hours to 45 ( p a y m e n t of
overtime) states t h a t in special cases the labour inspectors m a y authorise exemptions from
night work provisions for women occupied in successive shifts in undertakings working in
.the interests of national defence.
NIGHT
WORK
205
Temporary exceptions : W over 21 : (a) in case of interruption in.
working or force majeure, up t o 15 nights in the year at most, except
with special permission ; (b) for handling perishable goods in industriesspecified by the Decree of 1928 (i.e. candied fruits; preserved fruit,
vegetables and fish ; treatment of milk), and up to 25, 60 or 90 days,.
according to the industry.
C.—RATIFICATIONS
(a) Berne Convention : Ratified 1908.
(b) Convention No. 4 : Ratification registered 14 May 1925.
(c) Revised Convention No. 41 : Ratification registered 25 J a n . 1938..
French P o s s e s s i o n s
Algeria
A.—LEGISLATION
Decree of 15 J a n . 1921 applying to Algeria Book II of Labour Code,.
and Decree of 23 Oct. 1933 applying t o Algeria Act of 24 J a n . 1925
amending the said Book.
B.—PROVISIONS OF LEGISLATION
Scope : As in France.
Interval of prohibited employment : 10 p.m. t o 5 a.m.
Uninterrupted rest period : 11 hours.
P e r m a n e n t exceptions : None.
Temporary exceptions : W over 21 ; (a) as in France under
(a) ; (b) for handling perishable goods in industries to be specified by
administrative regulations.
C.—RATIFICATIONS
(a) Berne Convention : Adhesion 26 Mar. 1909.
(b) Convention No. 4 : Applied by Decree of 23 Oct. 1933.
Morocco
A.—LEGISLATION
Dahir of 13 July 1926, sees. 8, 10-17, amended b y Dahir of 22 May
1928 ; Vizierial Order, 7 July 1928, specifying allowances and exceptions,.
B.—PROVISIONS OF LEGISLATION
Scope : W employed in industrial and commercial undertakings
(including offices) and their branches, public or private, lay or religious,
even if intended for industrial instruction or charitable purposes.
Interval of prohibited employment : 10 p.m. t o 5 a.m.
Uninterrupted rest period : 11 hours.
Permanent exceptions : In certain categories of commercial establishments specified by Orders (at present hotel industry, cafés, etc. ; tobacconists ; entertainment and amusement establishments).
Temporary exceptions : (a) By permit from the labour inspector
in certain commercial establishments : 15 times a year ; (b) in industrial
undertakings specified by Order of the Grand Vizier (at present manufacture of butter and cheese, treatment of milk, manufacture of confec-
206
THE LAW AND WOMEN'S WORK
tionery,
•case of
or more
m a y be
preserves, perfumes, Italian pastes) ; (c) in all industries in
stoppage due to accident or force majeure : 15 times a year,
with a permit ; (d) for urgent work in case of accident the day
extended beyond 10 p.m.
C.—RATIFICATIONS
Berne Convention : Adhesion 5 July 1927.
Tunis
A.—LEGISLATION
Industrial and Commercial Employment Decree, 15 J u n e 1910, sec. 9.
B . — P R O V I S I O N S OF LEGISLATION
Scope : As in France.
Interval of prohibited employment : 9 p.m. to 5 a.m.
Uninterrupted rest period : 11 hours.
C.—RATIFICATIONS
Berne Convention : Adhesion 15 J a n . 1910.
French Mandated Territories
Lebanon
A.—LEGISLATION
Employment of Women and Children Act, 17 Apr. 1935, sees. 13-14.
B . — P R O V I S I O N S OF LEGISLATION
Scope : W employed on manual work in works, factories, mines,
quarries, yards, workshops, and their branches, whether public or
private (excluding W employed in agriculture and commerce) :
Interval of prohibited employment : 9 p.m. to 5 a.m.
Uninterrupted rest period : No provision.
Syria
A.—LEGISLATION
Employment of Women and Children Decree, No. 32, 14 J a n . 1936,
sees. 13-14.
B . — P R O V I S I O N S OF LEGISLATION
As in Lebanon.
Togo and Cameroon
Convention No. 4 applied by Decree of 28 Dec. 1937.
French Colonies
Convention No. 4 applied : by Decree of 1 July 1933 to Guadeloupe,
Martinique and Réunion, and by Decree of 28 Dec. 1937 to all other
•colonies.
NIGHT WORK
207
GERMANY
A.—LEGISLATION
Hours of Work Order, 1 new text of 26 J u l y 1934. sees. 19, 20, 22.
Hours of Work (Bakeries) Act, 29 J u n e 193o, sees. 5, 8-10, and 13.
1.
2:
B.—PROVISIONS OF LEGISLATION
1.
Scope : W workers in industrial undertakings (see definition in Ch. IV,
Appendix) employing at least 10 persons/ (excluding W workers in
maritime and air transport undertakings).
Interval of prohibited employment : Single-shift work, 8 p.m. to
6 a.m. ; two-shift work, see under permanent and temporary exceptions.
Uninterrupted rest period : 11 hours.
Permanent exceptions
: (a) In work by shifts, work may be continued
up to 10 p.m. 1 provided that an uninterrupted rest of 16 hours is
granted ; (b) in individual cases, night work is authorised by permit
if the nature of the undertaking or the interests of the workers so
require.
Temporary exceptions : (a) By ministerial order : (i) in continuousprocess factories for work necessarily organised in irregular shifts,
and in seasonal undertakings, provided t h a t night work does not
exceed 10 hours, t h a t one or two breaks amounting to not more than
an hour are granted in each shift, and t h a t the day and night shifts
are alternated each week ; (ii) in case of a recurrent rush of work,
40 times a year, up to 10 p.m. or from 5 a.m. with a reduction of the
rest period to 10 hours ; (iii) to avoid loss of perishable goods, the rest
period m a y be reduced to 8£ hours 60 times a year, (b) By special
permit : (i) in case of stoppage of work resulting from an accident,
night work may be authorised during four weeks (longer in exceptional cases) ; (ii) in case of an exceptional rush of work, hours may be
extended to 9 p.m. 40 times a year (except on Saturday) provided
|that not more than 12 hours are worked on any one day and t h a t an
uninterrupted rest period of not less t h a n 12 hours is granted.
2.
Scope : Baking and confectionery-making staff in industry, restaurants, etc.
Interval of prohibited employment : M : 9 p.m. to 4 a.m. (manufacture), 10 p.m. to 6.30 a.m. (sale to public), 10 p.m. to 6.15 a.m.
(sale to opened shops) ; W : as under 1.
Uninterrupted rest period : 11 hours.
Permanent exceptions : M and W : by permit, for watch-keeping
purposes (W subject to conditions laid down under 1).
Temporary exceptions : M and W in various cases (W, subject to
conditions laid down under 1).
C.—RATIFICATIONS
Berne Convention : Ratified, 1909.
G R E A T B R I T A I N A N D N O R T H E R N IRELAND
A.—LEGISLATION
1.
2.
3.
4.
Factory Act, 1937, sees. 70, 73, 92-95, 104, 106, 150, 158(3).
Employment of Women, Young Persons and Children Act, ch.
24 of 1936, sec. 1 (1).
Coal Mines Act, ch. 50, 1911, sec. 92.
Hours of Employment (Conventions) Act, 1936, sees. 1 and 2.
1
An Order of 30 April 1938, re-enacting the Order of 26 July 1934, extends the scope
of the night work provisions for women to industrial undertakings employing less than
10 persons and permits two-shift work up to 11 p.m.
208
THE LAW AND WOMEN'S WORK
B . — P R O V I S I O N S OF LEGISLATION
1.
Scope : VV employed in factories, including establishments for washing,
cleaning, repairing, printing, making of cinema films and home work
where two or more persons are employed—whether indoor or out, public
or private (excluding (a) cleaning work unconnected with any factory
process ; work of performers and their attendants in cinema studios
and about stages and dressing rooms of theatres ; work on premises
connected with mines and quarries ; work on board ship during a
trial run, or as a member of a ship's crew ; and (b) W holding responsible positions of management who are not ordinarily engaged in manual
work).
Interval of prohibited employment : 8 p.m. to 7 a.m.
Uninterrupted rest period : No provision.
Permanent exceptions : (a) In laundries and in manufacture of
bread, flour, confectionery and sausages : until 9 p.m. and from 6 a.m.
(b) The Secretary of State may make special regulations applying
to canning and preserving of fish and preparing fish for sale, making
of cream, butter and cheese and preparing fresh milk and cream for
sale, work in charitable and reformatory institutions, and in harbours
and wet docks and in ships in such places.
Temporary exceptions : (a) For not more than 25 weeks in a year,
with specified restrictions on hours worked until 9 p.m. on week days
other than Saturday.
(b) By order of the Secretary of State in case of accident or other
unforeseen emergency, for period necessary to avoid serious interference
with ordinary working of factory, but not so as to conflict with any
provision of legislation giving effect to an international Convention.
(c) In case of public emergency, for specified period, in any undertaking belonging to the Crown or working on its behalf.
(d) In preserving or canning of fruits or vegetables from 1 J u n e to
30 Sep., under regulations established in the Order.
2.
Scope : W employed in industrial work in factories and workshops
operating a shift system (excluding staff in undertakings in Northern
Ireland and W holding responsible positions of management who
are not ordinarily engaged in manual work).
Interval of prohibited employment : 10 p.m. to 6 a.m. (shift system
upon authorisation, see " Permanent exceptions ").
Uninterrupted rest period : 11 h.
Permanent exceptions : Authorisation to employ W on a shift
system between 6 a.m. and 10 p.m. is granted after consulting with
the persons concerned and subject to conditions regarding the length
of the shifts (see Hours of Work, Appendix) and to such other conditions as the competent authority may deem necessary.
3.
Scope : W employed in industrial work above ground in connection
with coal mines, 1 (excluding W holding responsible positions of
management who are not ordinarily engaged in manual work).
Interval of prohibited employment : 9 p.m. to 5 a.m.
Uninterrupted rest period : 12 h.
4.
Scope : W employed in industrial work in industrial establishments
(as defined in Convention No. 41) (same exclusion as in 3 above).
Interval of prohibited employment : As in Convention No. 41.
Uninterrupted rest period : i l h.
Permanent and temporary exceptions : As in Convention No. 41.
1
Extended to every mine and quarry by the Factories Act, 1937, sec. 158 (3).
209
NIGHT WORK
C.—RATIFICATIONS
(a) Berne Convention : Adhesion in 1908.
(b) Convention No. 4 : Ratification registered 14 July 1921 ;
denounced 25 J a n . 1937.
(c) Revised Convention No. 41 : Ratification registered 25 J a n . 1937.
British P o s s e s s i o n s
(a) Adhesion to Berne C o n v e n t i o n a l Feb. 1908 ; (b) Convention No.4
applied; (c) Convention on No. 41 applied :
Barbados (c).
Basutoland (c).
Bechuanaland Protectorate (c).
Brunei (c).
North Borneo (c).
Ceylon (a) and (c).
Cyprus (c).
Federated Malay States (c).
Fiji (a) and (c).
Gambia (b).
Gibraltar (a) and (c).
Gilbert and Ellice Islands (c).
Gold Coast Colony (a) and (c).
Grenada (c).
British Guiana (c).
British Honduras (c).
Hong Kong (c) (prohibited period 9 p.m. t o 7 a.m.).
Kenya (cj.
Leeward Islands (a).
Malta (c) (prohibited period 8 p.m. to 5 a.m.).
Mauritius (c).
Nigeria (a) and (c).
Northern Rhodesia (c).
Nyasâland (c).
St. Helena (a) and (c) (Convention No. 41 applied in virtue of Ordinance
applying the Law of England to this colony in so far as applicable,
suitable and appropriate).
St. Lucia (c).
St. Vincent (c).
Sarawak (c).
Seychelles (c).
Sierra Leone (c).
Solomon Islands (c).
Somaliland (c).
Straits Settlements (c).
Swaziland (c).
Trinidad and Tobago (a) and (c).
Uganda (a) and (c).
Unfederated Malay States :
J oh ore (c).
Kedah (c).
Kelantan (c).
Perlis (c).
Trengganu (c).
Zanzibar (c) (prohibited period 6.30 p.m. t o 5.30 a.m.).
Territory under British Mandate
Cameroons (b).
Palestine .(c).
Togoland (b).
14
\
210
THE LAW AND WOMEN'S
WORK
GREECE
A.—LEGISLATION
Employment of Women and Young Persons Act No. 4029,24 Jan.-6 Feb.
1912, sees. 6-9, Administrative Regulations of 14-27 Aug. 1913, and Decree
of 28 April 1937 extending the 8-hour day to the textile industry, sec. 2.
B . — P R O V I S I O N S OF LEGISLATION
Scope : W employed in industrial undertakings (i.e. factories, workshops, quarries, mining, building undertakings) and in commercial
establishments (excluding W employed in agricultural and forestry
work and in cattle breeding).
Interval of prohibited employment : 9 p.m. to 5 a.m. (for two-shift
work see " Permanent exceptions " ) .
Uninterrupted rest period : 11 hours.
Permanent exceptions : In cotton-spinning mills, rope works and
factories manufacturing cloth, hosiery, and flannel and knitted goods,
in special cases, two-shift work m a y be authorised between 6 a.m. and
11 p.m.
Temporary exceptions : (a) By Ministerial Order, W over 18 may
be employed after 9 p.m. and before 5 a.m. for handling perishable goods
(at present, for fish preserving, dairies, packing of figs and grapes) ;
(b) in seasonal industries in case of an exceptional rush of work, hours
of work may be prolonged until 10 p.m. by permit from the police, and
the rest period reduced t o 10 hours on eight days or, by permit from the
(feet, during four weeks.
C.—RATIFICATIONS
fa) Convention No. 4 : Ratification registered 19 Nov. 1920 ; denounced 30 J u n e 1936.
(b) Revised Convention No. 41 : Ratification registered 30 May 1936.
HONDURAS
A.—LEGISLATION
Decree introducing the Constitution, 28 Mar. 1936, sec. 192.
B . — P R O V I S I O N S OF LEGISLATION
Scope : W employed in industrial and commercial undertakings.
Interval of prohibited employment : Industry, night work in general ;
commerce, from 6 p.m.
Uninterrupted rest period : No provision.
HUNGARY
A.—LEGISLATION
Protection of Women and Children Act, No. V of 1928, sees. .12-15
and 19, and Administrative Regulation No. 150443 of 30 Dec. 1930,
amended by Order No. 33469 of 2 J u n e 1933.
NIGHT
WORK
211
B.—PROVISIONS OF LEGISLATION
Scope : W employed in industrial and commercial establishments,
public or private, including building (excluding (a) W employed in
agricultural and forestry production, stock-raising, fishing, etc., in railway
administrative offices and in the postal, telegraph and telephone services
of the State ; (b) W over 18 employed in the land transport or handling
of goods in ports, etc.).
Interval of prohibited employment : 10 p.m. to 5 a.m.
Uninterrupted rest period : 11 hours.
Permanent exceptions : By ministerial* permit, W over 18 who are
authorised by Order No. 155102 of 1930 t o be employed in the hotel
industry (and W over 24 or 40 years in certain tasks) may be employed
during the night.
Temporary exceptions : W over 18 (a) may be employed at night
(i) in case of accident, a non-recurrent stoppage of work or epidemic ;
or (ii) for stock-taking in commercial establishments three times a year,
provided not more than 10 hours per week are worked ; or (iii) under
Ministerial Order for handling perishable goods for 10 hours per 24 and
60 hours per week in specified industries (preserving, silk-worm breeding,
manufacture of gum, treatment of milk) ; (b) by special permit may be
employed with rest period reduced to 10 hours 60 times a year in seasonal
industries and in case of exceptional rush of work.
C.—RATIFICATIONS
(a) Berne Convention : Ratified 1908.
(b) Convention No. 4 : Ratification registered 19 April 1928 ;
denounced 18 Dec. 1936.
(c) Revised Convention No. 41 : Ratification registered 18 D ec .
INDIA
A.—LEGISLATION
1.
Factories Act, No. X X V of 1934, sec. 45, as amended by sec. 2 of
Act No. X I of 1935.
2. Central Provinces.
Unregulated Factories Act, No. X X I of 1937,
sec. 25 (1).
Independent
Stales
3.
Cochin. Notification No. 86 of 12 April 1937 (protection of labourers
on plantation estates), sec. 26.
4. Mysore.
Factories Regulation of 11 J a n . 1936, sees. 36 and 45.
B . — P R O V I S I O N S OF LEGISLATION
1 (India) and 4. (Mysore).
Scope : W in factories employing 20 or more
persons and using mechanical power ; at option of local governments,
those employing 10 or more persons, with or without use of power.
(Excluded : workers in mines.)
Interval of prohibited employment : 7 p.m. to 6 a.m.
Uninterrupted rest period : 11 h.
Permanent exceptions : The Local Governments may : (a) in
factories of all kinds, vary the limits during which work is allowed,
subject to a maximum limit of 13 h. falling between 5 a.m. and 7.30 p.m.
(7 p.m. in Mysore) ; (b) in seasonal factories, define a period or periods
of employment aggregating not less than 10 h. between the same times
as in (a).
212
THE LAW AND WOMEN'S WORK
1.
Temporary exceptions : Option in " Permanent exceptions " applicable temporarily. Local Governments may prescribe conditions of
exemption to prevent loss of materials in fish-curing or fish-canning
factories, such exemption to remain in force for not more than 3 years
at a time.
2. Central Provinces.
Scope : W in factories employing 50 persons or
more and not using mechanical power and wherein bidi making,
shellac manufacture and leather tanning are carried on :
Interval of prohibited employment : from sunset to sunrise.
Uninterrupted rest period : Ño provision.
3. Cochin. Scope : W employed on estates having 10 acres of land
actually cultivated or employing 20 workers or more.
Interval of prohibited employment : 6 p.m. to 6 a.m.
Uninterrupted rest period : No provision.
C.—RATIFICATIONS
(a) Convention No. 4 : Ratification registered 14 J u l y 1921.
(b) Revised Convention No. 41 : Ratification registered 22 Nov. 1935.
IRAQ
A.—LEGISLATION
Labour Law No. 72 of 1936, sees. 5 and 9.
B . — P R O V I S I O N S OF LEGISLATION
Scope : Workers employed in industrial undertakings (defined as in
Conventions No. 4 and No. 41) including archaeological excavations,
petroleum industry, transport and operations of printing presses,
(excluding agricultural operations, also irrigation and construction of
dikes—and any work of a communal nature—such as clearing silt
from canals, repair of dikes and the combating of locusts).
Interval of prohibited employment : M and W : 10 p.m. to 5 a.m.
Uninterrupted rest period : M and W : 11 h.
Permanent exceptions : M and W : A shorter rest period may be
prescribed by regulation, provided t h a t compensatory rest is accorded
during the day.
Temporary exceptions : M and W : (a) In case of accident, of force
majeure, or in case of urgent work to be done on machinery or plant,
in order to avoid serious interference with the ordinary working of the
undertaking ; (b) by regulation, to preserve from loss, raw materials,
or materials in course of treatment, which are subject to rapid
deterioration.
C.—RATIFICATIONS
Ratification of Convention No. 41 registered 28 Mar. 1938.
IRELAND
A.—LEGISLATION
1.
Conditions of Employment Act, No. 2 of 1936, sees. 1, 3, 22, 30, 46,
52 and 54 and Order of 1936 applying the above Act.
2. Employment of Women and Children Act, 1920, sec. 3.
NIGHT WORK
ß.—-PROVISIONS
213
OF LEGISLATION
1.
Scope : W employed in any form of industrial work. (Explicitly
excluded : Persons employed in agriculture or in industrial work
done as part of the work on a farm or garden, in commerce also
in all office work, and all work of supervision, direction or
management of industrial work, and all work relating to selling),
in domestic service also in the preparation of meals in hotels and
restaurants—in transport and in the mining industry.)
Interval of prohibited employment : 10 p.m. to 8 a.m.
Uninterrupted rest period : 11 h.
Permanent exceptions : After consulting employers' and workers'
representatives, the Minister m a y decide to exclude any form of industrial work from scope of Act in respect of any provision not necessary
to the observance of an international convention ratified b y Ireland.
W permitted to work in virtue of above provision (a) in bakeries
between 7 a.m. and 8 p.m. ; (b) at cleaning, between 6.30 a.m. and
10 p.m. ; (c) in condensed milk factories and creameries between
8 a.m. and 10 p.m. ; (d) in sausage factories from 7 a.m.
Temporary exceptions : (a) in case of force majeure and actual or
threatened accident (fire, flood, storm, mechanical breakdown, etc.).
In virtue of the powers conferred on the Minister (see " Permanent
exceptions ") :
(b) to avoid loss of perishable materials the permit may be given
for a single enterprise or for a limited period ;
(c) reduction of night period t o 10 h. and fixing of alternative
hours of work within the limits of the provisions of the Convention.
2. Scope : W employed in industrial work at the surface in mining
undertakings including quarries.
Internal of prohibited employment : As in Convention No. 4.
Uninterrupted rest period : Idem.
Temporary exceptions : Idem.
C.—RATIFICATIONS
(a) Convention No. 4 : Ratification registered 4 Sep. 1925; denounced
15 Mar. 1937.
(b) Convention No. 41 : Ratification registered 15 Mar. 1937.
ITALY
A.—LEGISLATION
Employment of Women and Children Act, No. 653, 26 April 1934,
sees. 12, 13, 15, 16.
B . — P R O V I S I O N S OF LEGISLATION
Scope : W employed in industrial undertakings (extension by Decree
to other categories of undertakings or occupations).
Interval of prohibited employment : 10 p.m. to 5 a.m.
Uninterrupted rest period : 11 hours.
Temporary exceptions : Night work authorised : (a) in case of
force majeure ; (b) by ministerial permit in seasonal industries and for
handling perishable goods (permits granted for fish curing, tomato
preserving, the manufacture of self-drying elastic capsules, and work
with silk cocoons).
The rest period may be reduced by ministerial permit : (a) in
seasonal industries and in exceptional circumstances (10 h., 60 times a
year) ; (b) for climatic reasons (10 h.).
214
THE LAW AND WOMEN'S WORK
C.—RATIFICATIONS
(a) Berne Convention : Adhesion 29 Sep. 1909.
(b) Convention No. 4 : Ratification registered 10 April 1923.
Libya
A.—LEGISLATION
Royal Decree No. 1253, 3 April 1937 (extension of Act No. 653).
B.—PROVISIONS OF LEGISLATION
Scope : As in Italy.
Interval of prohibited employment : 10 p.m. to 5 a.m.
Uninterrupted rest period : 11 hours.
Temporary exceptions : As in Italy. In addition, in undertakings
employing Mussulman staff special regulations may be introduced
during certain periods and festivals, to allow for religious customs.
JAPAN
A.—LEGISLATION
1. Act No. 33 of 1923 to amend Factory Act of 1911, sees. 1,4, 8 and 24
as amended by Act No. 21 of 1929 and Ordinance No. 16 of 1929
to amend Regulations of 1926 for Administration of Factory Act ;
also Imperial Ordinance No. 153 of 5 June 1926.
2. Mining Regulations, 1916, as amended by Ordinances No. 17 of
1926 and No. 30 of 1928, sees. 7-10.
Japanese Mandate
South Sea Islands. South Seas Bureau Instruction No. 9,13th Year
of Taisho (1924), regulation No. IV.
B.—PROVISIONS OF LEGISLATION
1. Scope : W in factories employing 10 or more persons or in which
work is dangerous or unhealthy ; weaving and doubling factories using
power; by decision of Minister all factories usingpower maybe included.
(Explicitly excluded : Workers in factories engaged in ten types of
manufacture, unless using specified forms of power, by Imperial
Ordinance cited, as provided for in basic Act) :
\Interval of prohibited employment : 10 p.m. to 5 a.m.
Uninterrupted rest period : No provision.
Permanent exceptions : Until 11 p.m. with permission of administrative authorities.
Temporary exceptions : (a) Minister may exempt processes or districts in case of emergencies arising from natural calamity or actual
or threatened disaster ; (b ) night work allowed, with permission of
administrative authorities, in exceptional circumstances resulting
from unavoidable causes ; (c) without permission in order to prevent
the loss of perishable materials, on four consecutive days or seven days
in a month.
NIGHT WORK
2.
215
Scope : W employed above ground in connection with mines of all
sorts or underground, as permitted by Chief of Mines Inspection
Bureau, in coal mines where most of the seams are thin.
Interval of prohibited employment : 10 p.m. to 5 a.m. 1
Uninterrupted rest period : No provision.
Permanent exceptions : Chief of Mines Inspection Bureau may
permit : (a) work up to 11 p.m. on one of two or more shifts ; (b) work
up to 12 p.m. in coal-sorting at surface on one of two alternating
shifts, provided that no worker employed after 11 p.m. shall be employed
between 12 p.m. and 6 a.m. Condition : "Where \V work between
10 p.m. and 5 a.m. on a system of alternating shifts, their working
hours shall be alternated at intervals of not more than 10 days.
W working between 10 p.m. and 5 a.m. shall have at least 4 days
of rest a month instead of the 2 required for day work.
Temporary exceptions : (a) in case of disaster or necessity, exemption by permit for limited periods ; (b) in case of emergency, without
permit ; (c) subject to permit, for limited period in coal-sorting at
surface where work is on a system of 3 or more shifts. (See condition
under " Permanent exceptions ".)
South Sea Islands.
Scope : W employed by the South Seas Mining
Station.
Prohibited interval : " night " (undefined).
Uninterrupted rest period : No provision.
LITHUANIA
A.—LEGISLATION
1.
2.
Industrial Employment Act, No. 429 of 1933, sees. 18, 20.
Holidays and Rest Periods Act, No. 2247, 14 May 1930.
B.—PROVISIONS OF LEGISLATION
1.
Scope : W employed in factories and other industrial undertakings
considered as factories.
Interval of prohibited employment : 10 p.m. to 5 a.m.
Uninterrupted rest period : No provision.
Temporary exceptions : (a) In case of force majeure or unforeseen
stoppage of work of a non-recurrent character ; (b) if work is necessary to avoid loss of perishable goods.
2. Scope : W engaged for at least one month for domestic service.
Interval of prohibited employment : No provision.
Uninterrupted rest period : At least nine hours.
C.—RATIFICATIONS
(a) Convention No. 4 : Ratification registered 19 J u n e 1931.
(b) Revised Convention No. 41 : Ratification approved by competent
national authority.
LUXEMBURG
A.-—LEGISLATION
Grand-Ducal Order, 30 Mar. 1932 (application of different Conventions), sees. 19-23.
1
An amendment of 6 July 1936, to come into force on 1 Sep. 1938, prohibits all employment of women between 10 p.m. and 5 a.m. or (where authorised) between 11 p.m. and 6 a.m.
in mines of all kinds.
216
THE LAW AND W O M E N ' s
WORK
B.—PROVISIONS OF LEGISLATION
Scope : As in Convention No. 4.
Interval of prohibited employment : 10 p.m. t o 5 a.m.
Uninterrupted rest period : 11 hours.
Temporary exceptions : As in Convention No. 4.
C.—RATIFICATIONS
(a) Berne Convention : Ratified, 1908.
(b) Convention No. 4 : Ratification registered 16 April 1928.
MEXICO
A.—LEGISLATION
1.
2.
Federal Labour Act, 18 Aug. 1931, sees. 68, 71, 77.
Administrative Regulations, 31 July 1934, concerning
and unhealthy work for Women ,and children, sec. 20.
B.—PROVISIONS
dangerous
OF LEGISLATION
1.
Scope : W employed in all undertakings.
Interval of prohibited employment : during the night (i.e. 8 p.m.
to 6 a.m.).
Uninterrupted rest period : No provision.
Permanent exceptions : (a) W employed in " mixed day " (i.e.
partly at night and partly by day) if less than 3 % hours are included
in the night period and provided the total period of employment
does not exceed 6 % hours.
2. (b) W over 16 years employed in hotels, restaurants, cafés, pastrycooks' and confectioners' establishments, theatres, cinemas, etc.
may be employed at night in conditions specified by the authorities.
(Night work has been prohibited by the head of the Labour Department
in second-class cabarets, cafés with music and entertainments, dance
halls, etc., if meals, refreshments and alcoholic drinks are served.)
NETHERLANDS
A.—LEGISLATION
1.
2.
Labour Act of 1919, consolidated text of 1930, sees. 24, 25-30, 91.
Hours of Work (Factories and Workshops) Order, 8 Sep. 1936,
sees. 23, 30, 47.
3. Hours of Work (Shops) Order, 11 Mar. 1932, amended by Orders
of 13 Aug. 1932 and 28 Nov. 1934, sees. 6, 7, 10.
4. Railways (General Service Regulations) Order, 15 May 1933, sees. 99101.
5. Hours of Work (Offices) Order, 8 May 1937.
B.—PROVISIONS
OF LEGISLATION
1 and 2. Scope : Staff of public or private industrial undertakings
(factories and workshops) (excluding persons responsible for managerial
work or scientific research, or earning more than a specified salary,
or assimilated t o such categories by regulations) :
Interval of prohibited employment : M and W : 6 p.m. to 7 a.m.
Uninterrupted rest period : W : 11 hours.
NIGHT WORK
217
1. Permanent exceptions : W : Work may be authorised for certain
preparatory or finishing work after 6 p.m. and before 7 a.m., but
never between 10 p.m. and 5 a.m. ; M : in various cases, for the whole
night.
2. Exceptions permitted by Order : All W may be employed, provided
an uninterrupted rest period of 11 hours is granted, (a) from 6 p.m.
to 8 p.m. for specified work in peat works ; (b) from 6 p.m. to 10 p.m.
in factories and laboratories, for the despatch of mail and telegrams,
in the telephone service and for urgent administrative work ; (c) from
6 a.m. to 7 a.m. and from 6 p.m. to 8 p.m. for cleaning premises.
W with no household responsibilities may be employed, subject
to an uninterrupted rest period of 11 hours, (a) from 5 a.m. to 7 a.m.
and from 6 p.m. to 10 p.m. for preparatory work necessary to ensure
that the technical work can be carried out in normal working hours,
and for certain specified work required to ensure the departure of
fishing boats or prevent the loss of the catch ; (b) from 5 a.m. to
7 a.m. and from 6 p.m. to 10 p.m. (Saturday excepted) for two-shift
work in 35 industries, in conditions specified by Order ; (c) from
6 a.m. to 7 a.m. and from 6 p.m. to 30 minutes after closing hours
(2 days a week, from 5 a.m. to 7 a.m. and from 6 p.m. to 9 p.m.)
in butchers' shops and poultry-cleaning establishments ; (d) from
6 p.m. to 10 p.m. for finishing work in the textile industry on the first
five days of the week and in printing works on 2 days a week (Saturday
excluded) ; (e) from 6 p.m. to 30 minutes after closing time in factories
or workshops belonging to a shop.
M : The same exceptions under less strict conditions (for two-shift
work (see (b)) in 62 industries, from 5 a.m. to 7 a.m. and from
6 p.m. to 11 p.m.). Exceptions are also authorised in other cases.
1. Temporary exceptions: W oî at least 21, except those in a state of
advanced pregnancy, may be employed in spacing herrings on drying
rods up to midnight from 1 Oct. to 15 Mar., and up to 2 a.m. from
15 Mar. to 1 June, at increased wages.
2. W with no household responsibilities : in brick works on Mondays
from 5 a.m. to 7 a.m. from 1 April to 1 Oct. ; in brick works, cement
works, concrete works and peat works, on the three first days of
the week from 6 a.m. to 7 a.m. from 1 April to 1 Oct. ; in dairy produce
factories, from 6 a.m. to 7 a.m. and from 6 p.m. to 9 p.m. from 1 April
to 1 Nov., and from 5 a.m. to 7 a.m. and from 6 p.m. to 8 p.m. from
1 Nov. to 1 April ; in fruit and vegetable preserving factories from 6 p.m.
to 9 p.m. from 1 May to 1 Nov. on the first five days of the week.
3. Scope : Staff employed in shops.
Interval of prohibited employment : M and W : 8.30 p.m. to 6 a.m.
Uninterrupted rest period : No provision.
Permanent exceptions : W may be employed up to 10 p.m. only
and never before 6 a.m. M may be employed up to a maximum
of 56 hours in three consecutive weeks between 10 p.m. and 6 a.m.
(a) on work connected with the sale and delivery of fuel, lubricating
materials, spare parts for urgent repairs to vehicles, and for the sale
and delivery of goods to vessels arriving, leaving or passing through a
port ; (b) in case of an exceptional rush of work, by a conditional
or unconditional permit.
4. Scope : W employed in watch-keeping on the railways.
Interval of prohibited emploi/ment : 10 p.m. to 5 a.m.
Uninterrupted rest period : No provision.
Permanent exceptions : By ministerial permit for staff of stations,
halts and posts of secondary importance and for staff not employed
uninterruptedly during their period on duty.
5. Scope : W employed in offices.
Interval of prohibited employment : 11 p.m. to 7 a.m.
¡Uninterrupted rest period : At least 11 hours.
Permanent exceptions : For office cleaners.
218
THE LAW AND WOMEN'S WORK
C.—RATIFICATIONS
(a) Berne Convention : Ratified in 1908.
(b) Convention No. 4 : Ratification registered 4 Sep. 1922, denounced
12 June 1937.
(c) Revised Convention No. 41 : Ratification registered 9 Dec. 1935.
Netherlands Indies
A.—LEGISLATION
Women a n d Children (Night Work) Ordinance, No. 13, 17 Dec. 1925,.
sees. 2, 3 and Regulations of 17 Dec. 1925.
B . — P R O V I S I O N S OF LEGISLATION
Scope : W employed in factories, i.e. closed premises with mechanical
plant ; workshops employing a t least 10 persons ; building, transport
and loading and unloading work except transport by hand.
Interval of prohibited employment : 10 p.m. to 5 a.m.
Uninterrupted rest period : No provision.
Permanent exceptions : Night work authorised in sugar refineries
(crushing period), in fibre factories and factories manufacturing cassava
flour, in oil works and salt works. The employment of W in an advanced
state of pregnancy is prohibited.
Temporary exceptions : By permit, for specified periods, for the
manufacture of tea, tobacco, the husking of rice, cleaning of kapok,
in workshops manufacturing fireworks, and for manufacture of batik.
The conditions are specified in each permit.
C.—RATIFICATIONS
Convention No. 4 : Applied with adaptations.
N E W ZEALAND
A.—LEGISLATION
1.
Factories Act, No. 42 of 1921, sees. 20-23 as amended by Factories
Act, No. 7 of 1936, sec. 3 (2).
2. Shops and Offices Act, No. 46 of 1921. sees. 3 and 40 as amended
by No. 53 of 1927, sec. 30.
B . — P R O V I S I O N S OF LEGISLATION
1.
Scope : (a) W employed in factories, including bakeries and power
plants. (Explicitly excluded : laundries.)
(b) M and W employed in laundries :
Interval of prohibited employment : (a) W : 6 p.m. to 8 a.m., (b) M
and W : Idem.
Uninterrupted rest period : No provision.
2. Scope : (a) W employed in restaurants and shops carrying on a
restaurant combined with bakery or confectionery business ;
(b) W employed in shops including hotels and hairdressing saloons.
(Explicitly excluded : W employed in shops carrying on a restaurant
combined with bakery or confectionery; see fa)).
Interval of prohibited employment • (a) after 10.30 p.m., (b) after
9.30 p.m.
Uninterrupted rest period : No provision.
219
NIGHT WORK
Permanent exceptions : (a) and (b). Female assistants over
21 years of age employed in connection with social functions o r
serving refreshments in public dance halls if proper provision is made
for their conveyance home after work.
Temporary exceptions : (b) Christmas Eve and New Year's E v e .
C.—RATIFICATIONS
(a) Berne Convention : Adhesion.
(b) Revised Convention No. 41 : Ratification registered 29 Mar. 1938^
NICARAGUA
C.—RATIFICATIONS
Convention No. 4 : Ratification registered 12 Apr. 1934.
PANAMA
A.—LEGISLATION
Commercial Employment Act, No. 6 of 1914, sees. 9-11 (Administrative Code, sees. 1088-89).
B . — P R O V I S I O N S OF LEGISLATION
Scope : Staff employed in commercial establishments.
Interval of prohibited employment : 9 p.m. t o 5 a.m.
Uninterrupted rest period : 12 hours.
*
Permanent exceptions : In exempted trades (articles of prime necessity, station bookstalls, etc.), sales must be made only by male workers.
PERU
A.—LEGISLATION
Employment of Women and Children Act, No. 2851 of 23 Nov. 1918,
sees. 6, 7, 26. Administrative Regulations of 25 J u n e 1921 under the
above Act, sec. 13.
B.—PROVISIONS OF LEGISLATION
Scope : All W workers (excluding W in domestic service and in
agricultural work in which no machinery is used).
Interval of prohibited employment : 8 p.m. t o 7 a.m.
Uninterrupted rest period : No provision.
Permanent exceptions : Night work authorised (a) for W over
18 in places of public amusement ; (b) in hospital services, for 8 hours
a night at most, b y permit from the competent administration.
C.—RATIFICATIONS
Ratification of Conventions
competent national authority.
Nos. 4
and 41 recommended
to
•220
THE LAW AND WOMEN'S WORK
POLAND
A.—LEGISLATION
1.
Employment of Women and Young Persons Act, 2 July 1924, sees.
13, 14. Order of 17 Nov. 1924 for the application of above Act.
2. Hours of Work Act, 18 Dec. 1919, sees. 6, 11, 14, 15, and Consolidated
Text of 25 Oct. 1933, sees. 8, 11, 14, 15.
B . — P R O V I S I O N S OF LEGISLATION
1 and 2. Scope : Staff employed in industrial, mining and commercial
(including offices), communications and transport undertakings,
publie or private.
1 and 2. Interval of prohibited employment : Single-shift work : W 8 p.m.
to 6 a.m. ; M 9 p.m. to 5 a.m. Two-shift work : W 10 p.m. t o 5 a.m.
M 10 p.m. to 4 a.m.
1. Uninterrupted rest period : W 11 hours.
1 and 2. Permanent exceptions : (a) Night work authorised for M and
W over 18 for work meeting daily needs of the population (maintenance of water supply, light, means of communication, work in
pharmacies, restaurants, baths and theatres) b u t n o t for W in productive or manufacturing industries.
2. (b) Night work for M only in continuous-process industries.
1 and 2. Temporary exceptions : (a) Night work authorised for M
and W over 18 : (i) in cases of catastrophes, accidents actual or
threatened, or t o prevent the loss of materials or damage t o machinery ;
(ii) for handling highly perishable goods (permit from inspectorate
required for W).
2. (b) Night work authorised for M in various other cases.
1. (c) The rest period for W over 18 may be reduced t o 10 hours
on not more than 60 days a year, by permit.
C.—RATIFICATIONS
Berne Convention : Adhesion 14 J a n . 1921.
PORTUGAL
A.—LEGISLATION
Hours of Work Legislative Decree, No. 24402, 24 Aug. 1934, sees. 7, 9.
B . — P R O V I S I O N S OF LEGISLATION
Scope : Staff of industrial and commercial undertakings (including
offices, shops, warehouses, workshops, factories, the transport industry,
hotels, etc.).
Interval of prohibited employment : As a rule for M and W, in industry
from 8 p.m. to 7 a.m. and in offices from 6 p.m. t o 9 a.m.
Uninterrupted rest period : No provision.
Permanent exceptions : For M and W in industry and commerce :
(a) applications for exemption m a y be made for persons employed in
positions of trust, management or supervision ; (b) under special
regulations issued in the public interest.
Temporary exceptions : (a) For M and W in industry in duly
substantiated cases, on condition for W t h a t these cases are exceptional
and a permit is obtained from the National Labour Institute ; for W in
industry, under contracts of employment approved b y the Under-
NIGHT WORK
221
Secretary of State for Corporations (agreements have been concluded.
in the fish-preserving industry authorising night work during a certain
period of the year) ; (b) for M in industry and commerce in various
other cases.
C.—RATIFICATIONS
(a) Berne Convention : Ratified.
(b) Convention No. 4 : Ratification registered 10 May 1932.
RUMANIA
A.—LEGISLATION
Employment of Women and Young Persons Act,9 April 1928, sees. 15-17,.
amended by Act of 10 Oct. 1932 ; Administrative Regulations of 30 J a n .
1929, sees. 18-21, amended by Royal Decree No. 3540 of 19 Dec. 1932.
B . — P R O V I S I O N S OF LEGISLATION
Scope : W employed in industrial and commercial establishments
(including family undertakings if classified as dangerous or unhealthy).
Interval of prohibited employment : 10 p.m. to 6 a.m.
Uninterrupted rest period : 11 hours.
Permanent exceptions : By ministerial permit, under certain conditions, work may be continued after 10 p.m. for W employed in restaurants,.
cafés, pastry cooks' and confectioners' shops, hotels, theatres and cinemas.
Temporary exceptions : By ministerial permit or permit from the
inspectorate : (a) night work is permitted in case of force majeure, due
to an unforeseen and non-recurrent stoppage, and for the handling
of highly perishable goods ; (b) in seasonal industries and in exceptional
circumstances, the rest period may be reduced to 10 hours on 60 daysa year (on 70 days on notice being given).
C.—RATIFICATIONS
(a) Convention No. 4 : Ratification registered 13 June 1921.
(b) Convention No. 41 : Ratification recommended to competent
national authority.
SALVADOR
A.—LEGISLATION
Commercial Employees Protection Act, 31 May 1927, sec. 2.
B . — P R O V I S I O N S OF LEGISLATION
Scope : W employed in commercial undertakings.
Interval of prohibited employment : 7 p.m. to 5 a.m.
SPAIN
A.—LEGISLATION
Night Rest for Women Decree, 15 Aug. 1927, amended by Decree of
2 Mar. 1928; Administrative Regulations of 6 Sep. 1927.
222
THE LAW AND WOMEN'S WORK
B . — P R O V I S I O N S OF LEGISLATION
Scope : W employed in factories, workshops and other industrial
and commercial undertakings and establishments (excluding W employed
in domestic service and home work) :
Interval of prohibited employment : One-shift work, 9 p.m. to 5 a.m. ;
two-shift work, 10 p.m. to 5 a.m., provided t h a t an uninterrupted break
of 30 minutes is granted during the day after 5 hours of work.
Uninterrupted rest period : 12 hours.
Permanent exceptions : (a) In charitable and hospital establishments,
on alternate nights, or for 4 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. ; (c) in textile factories using mechanical
plant operated by water-power, work in shifts is permitted between
4 a.m. and 10 p.m.
Temporary exceptions : (a) In case of force majeure causing an unforeseen stoppage ; (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) in factories and workshops working in shifts, to make up time lost
on public holidays, the normal interval of prohibited employment as
well as the exceptional interval allowed for in the textile industry (see
permanent exceptions (c)) may be reduced b y half an hour.
G.—RATIFICATIONS
Convention No. 4 : Ratification registered 29 Sept. 1932.
SWEDEN
A.—LEGISLATION
1.
Workers' Protection (Amendment) Act, 12 J u n e 1931, sees. 14, 19,
20, 21.
.
2. Decree of 9 J u n e 1911 concerning vegetable and fruit preserving
factories.
3. Decree of 16 Oct. 1914 concerning anchovy and sardine preserving
factories.
,'
,
\
J
'
B . — P R O V I S I O N S OF LEGISLATION
I
Scope : W employed in industrial work in establishments usually
employing at least 10 workers.
Interval of prohibited employment : 10 p.m. to 5 a.m.
Uninterrupted rest period : 11 hours.
Temporary exceptions : (a) In case of unforeseen circumstances
causing or likely to cause a stoppage of work or damage, for two days
without permit and for a longer period with a permit from the competent
authorities ; (b) in seasonal and exceptional circumstances' the rest
period may be reduced to 10 hours 60 times a year ; (c) for handling
perishable goods.
2. Night work permitted under (c) above in preserving fruit and vegetables, from J u n e to Sep. every second week, subject to adequate rest
conditions and a maximum working day of 12 hours.
I
1.
NIGHT
3.
WORK
223
Under (e) above in preserving anchovies and sardines, from 15 Aug.
to 15 April a maximum of 108 hours' overtime m a y be worked between
10 p.m. and 5 a.m. provided an uninterrupted rest period of 9 hours
is given between the preparation of the produce of two different
•catches and adequate breaks are allowed for meals.
C.—RATIFICATIONS
Berne Convention : Adhesion 14 J a n . 1910.
SWITZERLAND
A.—LEGISLATION
.1.
Federal Factories Act, 18 J u n e 1914, amended on 27 J u n e 1919,
sees. 47, 65, 66.
2. Order of 3 Oct. 1919, amended on 7 Sep. 1923, for application of
Factories Act, sees. 140, 145, 147, 150.
3. Employment of Young Persons and Women (Arts and Crafts) Act,
31 Mar. 1922, sees. 3, 4.
4. Order of 15 J u n e 1923 for application of above Act.
5. Order No. 1, 12 Aug. 1921, for application of Hours of Work (Transport Undertakings) Act of 6 Mar. 1920, sec. 19.
6. Federal Watchmaking (Non-factory Work) Order, 9 Oct. 1936,
sees. 27, 35.
B . — P R O V I S I O N S OF LEGISLATION
.1 and 2. Scope : Staff of industrial undertakings intended to be
" factories ", i.e. employing at least 11 adult workers, or six workers
including one under 18 years, or employing at least six workers and using
mechanical power, and, whatever the number of workers employed, all
undertakings classified as dangerous or clearly having the character
of factories (embroidery workshops whatever the number of workers
employed if three hand or two automatic machines are used), excluding
persons assigned important managerial duties or outside representation,
staff of commercial and technical offices, workers employed exclusively
in their homes, and staff employed in cleaning workshop outside
working hours.
Interval of prohibited employment : (a) As a rule : M and W :
8 p.m. to 5 a.m. in summer, and 8 p.m. to 6 a.m. in winter ; (b) in all
cases, W : 10 p.m. to 5 a.m.
Uninterrupted rest period : W : 11 hours.
Permanent exceptions : (a) For W, permits may be granted to
change the hours of work, particularly when two shifts are worked,
provided t h a t a rest period of 11 consecutive hours including the
interval from 10 p.m. to 5 a.m. is always granted ; (b) for M, in case
of necessity, during the whole night, by permit and subject to certain
conditions.
Temporary exceptions : The cantonal Governments may authorise
a reduction of the nightly rest t o 10 hours 60 times a year ; for dealing
with highly perishable goods, the Federal Council may extend the
duration of the permit.
3 and 4. Scope : W employed in industrial undertakings 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) (excluding
W employed in agriculture, commerce, and the hotel industry) :
Interval of prohibited employment : 10 p.m. to 5 a.m.
Uninterrupted rest period : 11 hours.
224
THE
LAW AND WOMEN'S WORK
Temporary exceptions : Night work may be authorised for W over
18 : (a) in case of force majeure resulting from an unforeseen and
non-recurrent stoppage ; (b) for handling highly perishable goods.
The permit is granted for 10 nights by the local authority and for
longer by the cantonal authority.
Reduction of the nightly rest period to 10 hours 60 times a year
may be permitted by the cantonal Government in undertakings
affected by seasonal influences and in exceptional circumstances..
The Federal Council may authorise other exceptions when required
in the public interest or allowed by international Conventions.
5. Scope : W on permanent staff of the Federal railways, the postal,.
telegraph and telephone services, and transport and communication
undertakings working under a concession from the Confederation.
Interval of prohibited employment : 11 p.m. to 5 a.m.
Uninterrupted rest period : No provision.
Permanent exceptions : In case of strict necessity.
Temporary exceptions : In case of strict necessity.
6. Scope : Persons employed in the watch-making industry in small
undertakings (i.e. workshops and factories not covered b y the Factories
Act) ; and in family undertakings.
Interval of prohibited employment : M and W : 8 p.m. to 6 a.m.
Uninterrupted rest period : W : 11 hours.
C.—RATIFICATIONS
(a)
(b)
4 June
(c)
Berne Convention : Ratified in 1908.
Convention No. 4 : Ratification registered 9 Oct. 1922 ; denounced
1936.
Revised Convention No. 41 : Ratification registered 4 J u n e 1936.
TURKEY
A.—LEGISLATION
Labour Code, 8 June 1936, sees. 43, 50.
B.—PROVISIONS OF LEGISLATION
Scope : Workers employed on manual or mixed manual and nonmanual work in industrial undertakings (including mines, building,
transport, etc.) employing at least 10 wage earners (excluding workers
employed in agriculture, shipping, aviation, home work of members of
the same family, officials and public servants) :
Interval of prohibited employment- : W : 8 p.m. to 6 a.m. ; M : night
work which is not an economic necessity may be prohibited by Order.
Uninterrupted rest period : 11 hours.
Temporary exceptions : Night work authorised for W over 16 :
(a) by ministerial permit, in exceptional cases of social and economic
necessity ; (b) in case of force majeure, such as an unforeseen and nonrecurrent accident.
U N I O N OF S O U T H AFRICA
A.—LEGISLATION
1.
Factories Act, No. 28 of 1918, sees. 1, 2 and 15, as amended b y
Factories Act, No. 26 of 1931, sec. 4.
2. Wage Board Act 1 , No. 27 of 1925, as amended by sees. 2 and .6 of
Act No. 23 of 1930, sees. 3(4) (f) and 7(3).
3. Industrial Conciliation Act No. 11 of 1924, sec. 9, as amended b y
Act No. 24 of 1930 and Act No. 7 of 1933.
1
In its annual reports on application of Convention No. 4 the Government of the Union
of South Africa states that in the case of operations falling outside the scope of the Factories
Act legislative authority exists in the Wage Board Act, 1925, as amended, for enforcing
compliance with the Convention.
NIGHT WORK
225
B.—PROVISIONS OF LEGISLATION
1.
Scope : W employed in factories and commercial laundries employing
3 or more persons and all factories using mechanical power. (Explicitly
excluded : Persons employed on farms where farm produce is prepared
and packed by owner and occupier ; prisons and certain other institutions ; mines).
Interval of prohibited employment : 6 p.m. to 7 a.m.
Uninterrupted rest period : No provision.
Permanent exceptions : For any trade or factory b y the Minister
responsible for administration of Act, from 9 p.m. to 5 a.m.
Temporary exceptions : Minister responsible for administration
of Act may permit employment up to midnight to avoid deterioration
of materials.
2. Scope : All M and W wage earners. (Explicitly excluded : Persons
employed in agricultural, horticultural and pastoral employments,
forestry, domestic service and public employment) :
The Minister may determine, in connection with the establishment
of wage rates, any matter
affecting hours or conditions of employment
of any employees. 1
3. The Minister may refuse to give the force of law to an industrial
agreement in any industry if it" does not provide t h a t the provisions
of the Factories Act with respect to prohibited hours of employment
shall be observed under the agreement. (Categories explicitly excluded :
Persons employed in agriculture and in general public employment.)
C.—RATIFICATIONS
(a) Convention N o . 4 : ratification registered 1 Nov. 1921 ;
denounced 25 Oct. 1935.
(b) Revised Convention No. 41 : Ratification registered 28 May 1935,
URUGUAY
2
C.—RATIFICATIONS
Convention No. 4 : Ratification registered 6 J u n e 1933.
U N I O N OF S O V I E T S O C I A L I S T R E P U B L I C S
A.—LEGISLATION
1.
Labour Code, 1922, sees. 96, 130, 131 (as amended b y Order of
27 May 1929).
2. Seven-Hour Day Order, 2 J a n . 1929, amended by Order of 22 Feb.
1929.
B . — P R O V I S I O N S OF LEGISLATION
1.
Scope : All W workers.
Interval of prohibited employment : 10 p.m. to 6 a.m.
Uninterrupted rest period : No provision.
Permanent exceptions :
1
In its annual reports on application of Convention No. 4 the Government of the Union
of South Africa states that in the case of operations falling outside the scope of the Factories
Act legislative authority exists in the Wage Board Act, 1925, as amended, for enforcing
compliance with the Convention.
* A Bill, the provisions of which are in conformity with Convention No. 4, was
submitted to Parliament in 1937.
15
226
THE LAW AND WOMEN'S WORK
1.
(a) The People's Commissariat may authorise night work for adult
W in branches of production where it is absolutely necessary ;
2. (b) in undertakings where the 7-hour day has been introduced. 1
Pregnant W, from the sixth month of pregnancy, and W who
nurse their children, during the first six months, may n o t be employed
on night work.
VENEZUELA
A.—LEGISLATION
Labour Act, 15 July 1936, sees. 72, 98, 99 and Decree of 30 Nov.
1938, sees. 109-112.
B.—PROVISIONS OF LEGISLATION
Scope : Staff of industrial, mining, agricultural, commercial and
other undertakings, public or private.
Interval of prohibited employment : M : 9 p.m. to 6 a.m. ; W : 7 p.m.
to 6 a.m.
Uninterrupted rest period : see below.
Permanent exceptions : (a) Women holding responsible positions
of management who are not ordinarily engaged in manual work, and,
if necessary in the interest of their work, women employed in tending
the sick, in domestic service, in newspaper offices, hotels, restaurants,
cafés, theatres, may work during the night. Condition : 9 h. uninterrupted rest period.
(b) In spinning and weaving mills or any other establishment
working in two shifts work m a y be extended until 10 p.m. Condition :
11 h. uninterrupted rest period (10 h. in exceptional cases on permit
of labour inspection 60 times a year).
(c) Where climate renders work by day particularly trying to the
health the interval of prohibited employment may be shortened by 2
hours provided t h a t compensatory rest is accorded during the day.
Temporary exceptions : (a) in case of force majeure unforeseeable
and not of a recurring character ; (b) for work on materials subject to
rapid deterioration when necessary to preserve them from certain loss.
Condition for (a) and (b) : 9 h. uninterrupted rest period.
C.—RATIFICATIONS
Convention No. 4 : Ratification registered 7 Mar. 1933.
YUGOSLAVIA
A.—LEGISLATION
Workers' Protection Act, 28 Feb. 1922, sees. 17, 18, 19.
B . — P R O V I S I O N S OF LEGISLATION
Scope : W employed in industrial and commercial undertakings,
handicraft undertakings, mines, transport and other kinds of undertakings, public or private, permanent or temporary, main or subsidiary,
1
At present, a 7-hour day is worked in all undertakings. The above-mentioned exception
implicitly established the right to employ on night work all women not specifically covered
by the exception.
NIGHT WORK
227
and undertakings attached to an agricultural or forestry undertaking,
(excluding W holding high positions—managers, accountants, cashiers,
engineers, etc.) :
Interval of prohibited employment : 10 p.m. to 5 a.m.
Uninterrupted resi period : 11 hours.
Temporary exceptions : Adult W : (a) in case of force majeure, to
save the undertaking from unforeseen danger or to avoid important
losses ; (b) for handling perishable goods, not more than 30 times a
year ; (c) in case of absolute necessity in the higher interests of the State,
by decision of the Minister.
C.—RATIFICATIONS
Convention No. 4 : Ratification registered 1 April 1927.
CHAPTER VI
THE EMPLOYMENT OF WOMEN ON UNHEALTHY,
HEAVY AND DANGEROUS WORK
A.—GENERAL
TYPE OF WORK AND REASONS FOR
REGULATION
The protection of the health of workers against occupational
risks is a complex problem arising in new forms every day.
The diversity of the risks is very great. There is the risk of
accident due to the use of numerous machines, most of which
are high-powered and work at great speed, and the risk of
accident due to the environment in which the work is performed
(injury by falling earth or stones, falls from a height, etc.).
There is the risk of bodily injury slowly but surely involved in
such conditions as abnormal posture maintained over a long
period, or the carrying of loads which may cause, for example,
deformation of the osseous structure, or displacement of the
uterus ; the action of certain harmful substances on the skin ;
the inhalation of fumes, gas or dust, which may affect the respiratory organs ; and the risk of slow or rapid poisoning by certain
toxic substances, and so forth.
Not only are these risks extremely varied, but they are also
constantly changing. The creation or transformation of industries, the introduction of new manufacturing processes, and
similar developments are continually giving rise to new risks,
the harmful effects of which may not be revealed until some time
has elapsed. On the other hand, the improvement of industrial
methods and the introduction of safety devices, better ventilation in workshops, and the application of measures relative to
collective and personal hygiene can do much to mitigate the
harmful effects of dangerous or unhealthy processes. There are
thus difficulties in the path of legislative action to eliminate
occupational risks, for it is far from easy to frame adequate
legislation to meet the complexity of the circumstances and to
adapt it to the changes which occur. This difficulty is particularly serious in the case of international regulations, which
must necessarily be as stable as possible. Consequently,
EMPLOYMENT ON DANGEROUS WORK
229
notwithstanding the importance of industrial hygiene and safety
for the well-being of the workers, international agreements
concerning them are still rare and deal with only a few aspects of
the problem.
The complexity of national regulations and their liability
to change also render a systematic analysis of this type of labour
legislation a difficult matter. Moreover, regulations differ
widely from one country to another, as a result chiefly of the
great diversity of industrial processes employed and the variety
in the amount of risk attaching to industrial procedures as
carried on in different countries where industrial technique
varies in its degree of development.
As a rule, an occupational risk affects all workers engaged in
the occupation and accordingly many regulations calculated to
mitigate or eliminate such risks apply indiscriminately to all
workers—men, women and young persons. This is the case,
for example, in the Berne International Convention of 1906,
one of the first two international agreements in the industrial
field, concerning the use of white phosphorus in the manufacture
of matches.
A case even arose in which the International Labour Conference had originally on its agenda an item relating to the
protection of women and children, but finally decided to adopt
measures calculated to afford protection to all workers, in view
of the general character of the risk under discussion : for it was
after consideration of the question of the employment of women
and children on unhealthy processes at the First Session of the
Conference in 1919 that a Recommendation was adopted concerning the establishment of Government health services to safeguard
the health of all workers, and a Second Recommendation
concerning the prevention of anthrax, which proposed disinfection of wool suspected of containing anthrax spores as a positive
protective measure for the benefit of all workers.
Indeed, the regulation of most dangerous processes cannot
logically be' based on sex discrimination. The criteria which
should normally govern the choice of one operative rather than
another for handling a dangerous tool or machine are personal
aptitude and adequate previous training. Moreover, the most
effective methods of preventing accidents are the use of safety
devices (protective screens, etc.) and adoption of precautionary
measures such as stoppage of machines for cleaning, wearing
of protective clothing, etc.
230
THE LAW AND WOMEN'S WORK
It is for this reason that the various decisions of the International Labour Conference concerning the safety of workers
apply indiscriminately to both sexes, as, for instance, the
Prevention of Industrial Accidents (No. 31) and the PowerDriven Machinery (No. 32) Recommendations of 1929, the Protection Against Accidents (Dockers) Convention, 1929 (No. 28),
and the revised Convention, 1932 (No. 32), and the accompanying Recommendations, and the Safety Provisions (Building)
Convention, 1937 (No. 62). Similarly, there is no distinction
of sex in the decisions of the Conference with regard to
workmen's compensation for accidents or occupational diseases—
the Workmen's Compensation (Agriculture) Convention, 1921
(No. 12), the Workmen's Compensation (Accidents) Convention,
1925 (No. 17), and the accompanying Recommendations, the
Workmen's Compensation (Occupational Diseases) Convention, 1925 (No. 18), and the revised Convention of 1932 (No. 42).
A great number of national safety regulations, particularly
those dealing with the use of safety devices or with hygiene
measures in unhealthy processes, also apply to given industries
without any reference to the sex of the workers in question.
But there are also international and national regulations for
protecting the health of workers against occupational risks which
cover only the employment of specified categories of workers on
unhealthy, heavy or dangerous work—being restricted to women,
or to women, children and young persons, or to children only.
The present study will be confined to regulation which applies
to women but does not apply to adult men.1
There are several reasons for the existence of special regulation.
In the first place the great majority of women has less
muscular strength than men ; consequently it may be advisable
to prevent tasks being given them which call for more strength
than the average woman possesses and so entail for women
risks of bodily harm or accident where no such risk would
attach to the performance of the same task by the average man.
Furthermore, in the opinion of many experts, certain female
organs have proved particularly sensitive to the action of
industrial poisons. There is no need to summarise here the
scientific studies carried out on this subject, since a detailed
1
As with the other questions studied in this report, only those regulations which apply to women over 18 years of age have been considered.
Girls under this age are as a rule subject to more stringent regulations
than adults.
EMPLOYMENT ON DANGEROUS WORK
231
analysis, with references t o the works which m a y be consulted,
has been given in another publication. 1
B u t the unassailable ground for special regulation of women's
work is the fact of maternity. This was the sole motive
invoked by the International Labour Conference when, in 1919, it
discussed the adoption of regulations concerning the employment
of women in industrial work harmful to their health. 2
Industrial poisons, like bodily injuries caused by strain,
have more serious consequences for women t h a n for men,
because their effects on the female organism m a y endanger
normal delivery in future confinements, often even after a
considerable lapse of time. Industrial poisonings, such as
those due to lead, benzene or mercury, m a y have far-removed
and disastrous consequences in this connection. Similarly',
deformation of the pelvis in young girls or uterine displacement
caused by carrying heavy loads, or even by continuous standing
m a y have as baneful effects on the future generation as direct
bodily injury to the mother caused by heavy work during
pregnancy. Consequently, it is not merely during t h e period of
m a t e r n i t y b u t throughout the whole of her preceding occupational life t h a t the woman m u s t be protected against these risks,
both for her own sake and for t h a t of her children.
Legislation has also in m a n y instances been influenced by
considerations of expediency. It would certainly be desirable
to extend to all wage earners some of the protective measures
so far adopted only for women, and there is no doubt t h a t t h e
ultimate aim must be the complete abolition of occupational
risks for all workers. In m a n y cases, however, the adoption
of such comprehensive regulations would kill the industry in
question. For example, where it is not possible to use an
alternative substance—as in the case of the suppression of
white phosphorus—it is often inevitable at a given stage of
industrial evolution to tolerate provisionally t h e use of certain
substances which are harmful to those who handle them. In
other cases, though there has been no technical obstacle, t h e
1
INTERNATIONAL LABOUR OFFICI; : Occupation and Health, Vol. I,
pp. 1234 et seq., " Women's Work " ; and Vol. II, pp. 511 el seq.,
" Occupational
Poisonings ".
2
The Recommendation (No. 4) concerning the protection of women
and children against lead poisoning, 1919, opens with the phrase :
" The General Conference recommends to the ¡Members of the International Labour Organisation that in view of the danger involved to the
function of maternity . . . women . . .
be excluded from
employment in the following processes. . . ."
232
THE LAW AND WOMEN'S WORK
obstructive force of ill-informed public opinion has made inclusive
regulation impossible. In face of a temporarily insurmountable
resistance to the total prohibition of the harmful product or
process, and pending the further technical progress and the
necessary education of public opinion which would make
suppression possible, legislative action has had to be confined
to restricting the evil effects and prohibiting employment on
such work only in the case of those workers for whom the risks
involved are more frequent or more serious ; and women are
included among them for the reasons given above. As will be
seen below, examples of such a method of regulation are to be
found both in international and national systems.
Not infrequently, however, a measure of hygiene or safety,
originally instituted only for women and young persons owing
to the difficulties which more general regulations would have
encountered, has subsequently been extended to workers of
both sexes and all ages. There are numerous examples of such
extensions.
In addition to the scientific reasons, based on a systematic
study of the physiological effects of certain work, and to the
practical considerations which made it necessary to have
provisional recourse to special legislation for women, a place
should doubtless be given to the effect of a sentimental influence,
namely, the repugnance felt by those responsible for reform in
the sphere of protective labour legislation to the idea that
women (who had been only too obviously exploited during the
early period of the industrial era, in the absence of all regulation)
should remain exposed to the suffering caused by accidents or
occupational diseases ; and these sufferings arouse still greater
sympathy when the maternal function of women is borne in
mind.
Moreover, many of the provisions of the multifarious systems
of national legislation may be understood only in the light of
deep-rooted psychological and social causes, which cannot here
be analysed in detail. The conception which a given people has
of the position of women, the extent to which women's activity
has become a normal feature of national life, and the degree of
occupational training which women normally attain (rendering
them more or less competent to perform certain kinds of industrial work without particular danger) are all reflected in the legislation of the country, so that where the social and occupational
activity of women is still in a rudimentary stage and where
EMPLOYMENT ON DANGEROUS WORK
233
women have little training, it will be found that their employment is prohibited in a number of industrial occupations in
which they commonly engage in other countries.
It may further be added that owing to tradition, some Acts
still contain restrictive provisions inspired either by technical
processes now out of date or by the lack of those safety measures
now in force in most establishments, or even by fashions, since
abandoned, which formerly imposed on women such nonessentials as the wearing of long hair or of long or loose garments,
which, when worn even in the factory, undoubtedly gave rise to
certain legal restrictions.
Indeed, the need for " rationalisation " of the regulations
so devised and the necessity for frequently adapting current
legislation to the varying conditions of industrial life seem to be
increasingly realised in certain quarters. It is significant that
eminent hygiene experts of several countries have studied the
special effects of various poisons on the female organs and that
scientific institutions, like the British Industrial Fatigue Research
Board (now the Industrial Health Research Board), the Japanese
Institute for the Science of Labour and the Scientific Institute
for the Protection of Labour in the U.S.S.R., among other bodies,
have engaged in experimental research on the reactions of the
female system to carrying loads and other types of heavy work.
If extended to all risks of occupational disease or accident,
research of this sort could provide a most valuable basis for the
rational drafting of regulations to protect the health of women
workers. In particular, it would permit a distinction to be made
between cases in which it is desirable to adopt hygiene and
safety measures applicable to both sexes, owing to the disastrous
effect on all workers of the possible injuries, and those in which
special rules for women are required owing to the particularly
sensitive character of certain of their organs.
Lastly, as a proof that some legislatures are already fully
aware of the difficulty of their task in this field and of the
necessity for constantly re-adapting regulations so that they may
fulfil their object of protection, it should be stated that the
fundamental Acts concerning women's employment on unhealthy and heavy work more and more often include explicit
provision for subsequent amendment and specify the means by
which amendment may be effected. These methods of amendment will be examined below when the different national laws
.are analysed.
234
THE LAW AND WOMEN'S WORK
B.—INTERNATIONAL
REGULATIONS
The elements of an international scheme for the special
protection of women, supplementing the regulations on industrial hygiene and safety applying to workers of both sexes,
exist in two of the fields mentioned in the preceding paragraph,
namely employment on unhealthy processes and on two forms
of heavy work, forced labour and underground work in mines.
§ 1 .—Unhealthy Processes
On two occasions the International Labour Conference
had adopted decisions for the prevention of occupational'
poisoning among women : at its First Session (Washington,.
1919) and at its Third Session (Geneva, 1921).
In 1919, the Conference had on its agenda the question of
the employment of women and children in unhealthy processes.
After a long discussion, in the course of which it proved impossible to arrive at a Convention, on account of the great diversity
of the regulations already existing in the various States Members
and the necessity for considerable elasticity in regulations of
this type, which require to be constantly adjusted to meet the
changing needs of industrial technique, the Conference adopted
a Recommendation concerning the protection of women and
children against one of the most serious of industrial diseases,.
namely, lead poisoning. " In view of the danger involved to
the function of maternity ", the Conference recommended
Members of the International Labour Organisation to exclude
women 1 from employment in certain processes considered as
particularly harmful, which are enumerated in the analysis
appended to this chapter. As to other processes involving the
use of lead compounds the Conference held that the employment
of women in these should be permitted only subject to the
adoption of certain hygienic precautions, the list of which is also
reproduced in the analysis.
Further—and this clause shows that the intention of the
Conference was to promote protection for all workers against
lead poisoning, as had already been done against phosphorus
poisoning—the Conference recommended that " in industries
where soluble lead compounds can be replaced by non-toxic
substances, the use of soluble lead compounds should be strictly
regulated ". It is obvious that the aim of the Conference was to
1
The same provisions apply to young persons, but this aspect of
the Recommendation does not fall within the scope of the present report.
EMPLOYMENT ON DANGEROUS WORK
235'
invite States, as soon as technical conditions permitted, toprohibit entirely the use of harmful substances which might
cause lead poisoning.
With this intention the Conference resumed in 1921 the
study of the problem of lead poisoning, but with reference only
to the use of white lead in painting.
The Draft Convention finally adopted on this subject 1 could
not, however, contain such far reaching provisions as those
of the Berne White Phosphorus Convention ; it prohibits the use
of white lead in the internal painting of buildings, except for
certain special kinds of painting work. It was not possible at
that date to reach an agreement for the complete suppression
of the use of white lead, but in view of the research carried out in
1919, which had brought to light the greater susceptibility of
women to lead poisoning and the serious effects of such poisoning
on maternity, a provision was inserted in Article 3 of the Convention to prohibit the employment of women on industrial'
painting involving the use of white lead, sulphate of lead or
other products containing these pigments.
§ 2.—Heavy Work
FORCED LABOUR
The question of forced labour was studied by the International Labour Conference at its Twelfth (1929) Session and
at its Fourteenth (1930) Session, when the Forced Labour
Convention (No. 29) was adopted. This aims at the abolition
of forced labour for all workers.2
The Conference, however, arrived at the conclusion that
it was not immediately possible to suppress forced labour
completely, and that for a transitional period certain forms of
forced labour might still be allowed, subject to specified conditions ; but it decided that at any rate this compulsion should
be limited to men in the prime of life. Article 11 of the Convention states that " only adult able-bodied males who are of an
apparent age of not less than 18 and not more than 45 years
may be called upon for forced or compulsory labour ".
l
T h e White Lead (Painting) Convention, 1921 (No. 13), had on
1 January 1939 been ratified by 25 States : Argentina, Austria, Belgium,
Bulgaria, Chile, Colombia, Cuba, Czecho-Slovakia, Estonia, Finland,.
France, Greece, Hungary (conditionally), Latvia, Luxemburg, Mexico,
Nicaragua, Norway, Poland, Rumania, Spain, Sweden, Uruguay, Venezuela,.
and Yugoslavia.
• Ratified on 1 January 1939 by 19 States.
236
THE LAW AND WOMEN'S WrORK
UNDERGROUND WORK
On this subject the work of the International Labour Conference was by no means an innovation, for one of the oldest
of labour laws is that prohibiting the 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 mineral products from the earth. A century
ago, before any labour legislation existed, the employment of
women underground in mines aroused the indignation of those
enlightened men and women who took part in the movement
for legislation to protect the workers. At that time women
worked, half-naked on account of the excessive heat in badly
ventilated underground levels and under conditions of degrading
promiscuity, at the worst paid and most unpleasant tasks, such
as the hauling and carrying of coal in low and narrow levels
where it was easier for women to move than for men. In this
field the movement for labour legislation achieved its first
triumph.
An Act prohibiting the employment of women underground
in mines was adopted in Great Britain as early as 1842 ; legislation with the same object dates back to 1854 in Austria, 1874 in
France, 1876 in Luxemburg and 1878 in Germany ; and subsequently most of the other countries adopted similar regulations,
which were in many countries a mere formality, because such
employment did not exist.
Through existing legislation, therefore, or through the
widespread repugnance to the employment of women on work so
unsuited to female labour as that done underground in mines,
such employment had in fact ceased to exist by the time the
International Labour Organisation was formed, except in
certain Asiatic countries where the custom of engaging workers
by family groups had survived. At the suggestion of the
workers' delegate of Japan, one of the few countries where
women were still employed underground in mines, the Conference
adopted two resolutions, in 1929 and 1931 respectively, in favour
of placing the question of the employment of women underground on the agenda of an early session of the Conference,
with a view to its prohibition. Then in 1935, by 117 votes, the
International Labour Conference unanimously adopted the
Underground Work (Women) Convention (No. 45) prohibiting
the employment of women on underground work in mines. The
EMPLOYMENT ON DANGEROUS WORK
237
only exceptions permitted relate to women employed by mining
undertakings on certain non-manual or even non-industrial
work : managerial staff, staff of health and welfare services,
women undergoing courses of study, and other women who
occasionally have to enter the underground parts of mines for
the purpose of a non-manual activity. Like the provisions of
a similar nature figuring in the Night Work (Women) Convention (Revised), 1934 (No. 41), these exceptions were introduced
to avoid a rigid prohibition applying to all women without
distinction, which would have restricted the openings for employment in mining undertakings for women specialists in various
branches (engineers, doctors, nurses, social workers, etc.) whose
service may necessitate their presence underground occasionally,
as a rule for short periods, a procedure to which no objection can
be made. Although at present the number of women to whom
such an exception could apply is probably small, the Conference
intended by adopting this provision to avoid raising any obstacle likely to hinder the further extension of women's activity
in the better paid occupations.
C—NATIONAL
LEGISLATION
§ 1.—Methods of Regulation
To draw exact lines of demarcation between the three
classes of work in which women's employment is specially regulated, as has been attempted in this chapter in order to make
the regulations more intelligible, is a difficult matter ; many
industrial operations are both unhealthy and dangerous (e.g. the
manufacture of certain products which are harmful and either
explosive or inflammable) ; others are both heavy and dangerous
(e.g. loading and unloading work). The distinctions here drawn
between these different types of work are therefore artificial,
the predominance of one of the risks having served as a criterion
for placing each regulation in a given class. As the methods
of legislation are often the same for the different types of work
in respect of which women's employment is regulated, it will be
convenient to deal first of all with these methods as a whole.
The principle that special regulations may be adopted for
the protection of women engaged on dangerous, unhealthy or
heavy work, and the powers conferred to that end, are frequently
embodied in the general provisions of a labour code or of an Act
to protect workers in general or women ^workers in particular.
'238
THE LAW AND WOMEN'S WORK
Such fundamental provisions are found in the legislation of a
great number of countries, though the characteristics of the
legislation may be very different in other respects. But the
extent to which the relevant powers have been used varies from
•country to country ; and there are even countries where no advantage has ever been taken of them (Act of 1913 in Denmark,
for instance).
Where the principle has been applied, the course taken has
been either the issue of regulations to determine the industries
or operations to which a special scheme to govern the employment of women should apply (Argentina, France, Italy, Mexico,
Netherlands, Poland, Spain and the U.S.S.B., for instance),
or the issue of separate regulations concerning the employment of
-women in specified industries (Germany, for instance), or again
•the inclusion of special provisions concerning women workers in
regulations relating to conditions in an industry where specific
risks occur (Austria, Czechoslovakia, Great Britain, for instance).
A special procedure has often to be followed in issuing the
regulations giving effect to the principle in question. Sometimes the matter must be submitted in advance to an advisory
body (in Belgium, France and Italy, for instance). In Great
Britain the procedure is that required for promulgation of any
regulations concerning industrial hygiene or safety (approval by
Parliament). In Denmark right of appeal against a decision is
provided for, should the women workers concerned consider
themselves unfairly treated by it ; and other instances might
be given.
Nearly all Governments make amendments from time to
time to the legislation previously issued on the subject, and some
have definitely prescribed the administrative machinery to be
used in adapting it to changes in industrial technique. In
Argentina, for instance, the Decrees issuing regulations for the
Federal Capital and the Federal Territories under the fundamental Act of 1924 concerning the employment of women
provide that " additions may be made to the above schedule "
(enumerating the operations in which women's work is regulated)
" at the request of the administrative authorities for each of
the Territories when new industrial processes are introduced
which must be classified 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, provided it is shown that, by
EMPLOYMENT ON DANGEROUS WORK
239
reason of the introduction of new manufacturing processes or
the adoption of preventive measures the industry has ceased
to be dangerous or unhealthy. "
In the U.S.S.R. the latest regulations concerning the employment of women on unhealthy operations (1932) are still described as a provisional measure issued pending the fuller research
needed to determine on a scientific basis what precautions should
be taken concerning the employment of women in industry.
Special regulations concerning employment on unhealthy,
dangerous or heavy work do not always apply to all women
workers, and are sometimes restricted to certain categories.
In some countries the age of the woman is taken into consideration. It is not the object of this report to analyse provisions
concerning young persons or children, although the employment
of girls on dangerous, unhealthy, or heavy work is often prohibited up to a later age than in the case of boys, but it may be
noted that various countries limit their special regulations
concerning employment on unhealthy or heavy work to
women who are under age (Belgium, Finland, Italy, Spain).
Nevertheless, in these four countries the regulations concerning
the employment of women on operations involving the handling
of white lead, and (in Italy) the regulations concerning the
carrying of loads, apply to adult women also.
In some cases there are special regulations concerning the
employment of expectant or nursing mothers. In Norway
powers are given to make measures of general protection more
stringent in special cases entirely in order to regulate the
employment of pregnant women ; these powers have been used
with regard to certain industrial operations which may cause lead
or mercury poisoning. In certain other countries (Austria,
Turkey, U.S.S.R., Venezuela) additional regulations for the
protection of expectant and nursing mothers supplement those
applying to all women. The provisions in question are analysed
above (see Chapter III : Maternity Protection).
Finally, it may happen that, in view of the possible effects
on maternity, regulations regarding the employment of women
on heavy or unhealthy work are stricter with respect to married
than to unmarried women (Netherlands).
There are two distinct methods of regulating the employment
of women, or certain categories of women, on unhealthy, dangerous or heavy work : employment on certain operations may
be completely prohibited, or it may be made subject to special
240
THE LAW AND WOMEN'S WORK
conditions. Most countries use the two methods concurrently ;
others, such as Switzerland, have adopted the first only. Among
the countries which have made the most extensive use of the
second method (fixing special conditions of employment),
the Netherlands may be cited : an Order dated 10 August 1920,
amended in 1933, lays down a great number of special preventive
and health measures concerning the employment of women;
but some of these provisions applying especially to women are
merely repetitions of provisions prescribed for all workers in
other regulations on industrial health and safety.
§ 2.—Regulation of Employment on Unhealthy Processes
Among the industrial poisons with regard to which the
employment of women has been restricted, lead has received
special attention from legislators. When the Washington
Conference * met, regulations for the prevention of lead poisoning, prohibiting the employment of women on industrial operations, considered as particularly harmful, already existed in
some fifteen countries. Since that date many of these States
have supplemented their regulations on the subject, and other
States Members of the Organisation have taken action specially
directed against lead poisoning, in conformity, it should be
noted, with the Recommendation adopted by the Conference in
1919 and referred to above. In some countries, indeed, there is
legislation completely prohibiting the employment of women on
any work involving a risk of lead poisoning, without further
specification of the operations covered.
Special measures concerning women have also been frequently
adopted for the prevention of poisoning by mercury, arsenic,
phosphorus, and benzene, its homologues and their nitro- and
amido-derivatives. With regard to phosphorus poisoning,
it has been pointed out above that the first steps taken to
combat it were of a general order, since the Berne Convention
of 1906 prohibited the use of white phosphorus in the manufacture of matches and consequently protected all workers, irrespective of their sex. On 1 January 1939 this Convention had
been ratified by 34 States, which is a high figure, but does not cover
the whole world. Moreover, the Convention suppresses only one
of the uses of white phosphorus, so that quite a number of
1
Cf. in particular the Report Employment of Women and Children
prepared by the Organising Committee of the International Labour
Conference, Washington, 1919, Report III, Part 2.
EMPLOYMENT ON DANGEROUS WORK
241
countries which, like France, had already ratified, or which,
like Portugal, had not, have prohihited the employment of
women on the manufacture of white phosphorus, so as to ensure
their full protection against the risk of phosphorus poisoning.
In addition to these five important sources of poisoning,
there are many other risks, involved in the handling of certain
chemical products, which have led to special regulation of
women's work. The regulations in question relate either to
the manufacture of the product, or to its industrial use in
general, or more frequently to its use in specified and exactly
defined operations, or again to its use under specified conditions.
As these provisions generally correspond to the industrial practices in force in the country where the regulations apply, they
tend to vary from country to country, according to differences
in production and in the technical processes followed. Such
regulations cannot therefore be exactly summarised. The
attempt in that direction made in the analysis appended to this
chapter is consequently very incomplete, and can only give an
approximate idea of the existing regulations. Where resemblances have been found between the legislative schemes of
different countries, cross references have been given, to avoid
repetition of the same information. This system of reference
is used only to make the analysis as clear as possible ; it is not
intended to suggest that one scheme exerted an influence on
another. It is, of course, natural that an Act of long standing
may in some cases have affected the preparation of a more recent
scheme, but no attempt to establish such a connection has been
made in the analysis contained in the appendix to this chapter.
Apart from the dangers of actual poisoning, to which women
may be particularly susceptible, other risks are not infrequently
covered by special regulations concerning women's work—for
instance, the risk of infection from rag-cutting or shredding, or
the risk of irritation of the skin and mucous membrane from
glass-cutting, glass-polishing and the grinding of metals with
emery or by other means.
Among other operations sometimes prohibited as being
unhealthy, reference may be made to those carried out in bad
atmospheric conditions (at a low or a very high temperature, for
instance), which have also been the subject of regulations
specially applying to women.
Besides the prohibition of the employment of women on
certain unhealthy operations, some countries have, as is men16
242
THE LAW AND WOMEN'S WORK
tioned above, imposed special conditions, which vary considerably, for the employment of women on various types of work.
The following may be noted as examples : the provision of
appliances for ventilation or for withdrawal of harmful gas,
fumes and dust ; for insulation or screening of sources of heat,
for withdrawal of waste water in operations where large quantities of water are required, or for reduction of atmospheric
humidity when materials have to be handled in a moist state, as
in the spinning of certain fibres ; the provision of protective
clothing and of washing accommodation and materials necessary
for cleaning the hapds after work ; the maintenance of premises
in a satisfactory hygienic state ; the prohibition of the taking
of meals in workplaces, and sometimes, as a corollary, the obligatory provision of a canteen in which women workers may take
their meals, etc. Many of these health measures, which some
regulations attach specifically to the employment of women,
apply under the legislation of other countries to all workers
irrespective of sex.
Special mention should be made of a method adopted by
some countries, which requires a certificate showing that the
woman's health permits her to engage in the work before she
may be employed in certain unhealthy industries. Sometimes
a periodical medical examination is prescribed. In other
instances an examination has to be made of every worker,
without distinctions of sex, who engages in operations involving
a high degree of risk.
§ 3.—Regulation of Employment on Heavy Work
The laws prohibiting the employment of women on heavy
work do not always clearly define what is meant by this term.
Often there is simply a general prohibition of the employment of
women on work exceeding their strength, or on work unsuited to
their physical constitution, or, again, on work unsuited to their
sex. But as a general rule the types of heavy work on which
women may not be employed are scheduled in administrative
regulations. Types of work frequently prohibited are the
carrying or moving of heavy loads, underground work, or
sometimes mining work of any kind, and forced labour in colonial
territories.
EMPLOYMENT ON DANGEROUS WORK
243.
CARRYING OF LOADS
The problem of the carrying of loads is one which affects
all workers in certain occupations and not merely women.
For this reason the workers' organisations concerned have
several times requested the International Labour Office to study
the problem. As has been stated, the question has already been
dealt with internationally, without special mention of sex of the
workers concerned, but this is in an occupation—that of dock
transport—in which nearly all the workers are men (Conventions Nos. 28 and 32 of 1929 and 1932). As regards the carrying
of weights apart from loading and unloading ships, the information collected 1 shows that, for the reasons mentioned above,
the legislation on the subject, which is not very abundant,
deals particularly with women workers.
There are various means of regulating the employment
.of women on the carrying of loads. In some countries, women
are forbidden in general to carry or move heavy loads, the
actual weight not being specified (Cuba, Hungary, Netherlands,
Switzerland, for instance). In such cases, the decision concerning the actual weight is left to the judgment of the official
competent to enforce the prohibition. In certain other countries, the maximum weight for loads which may be carried or
moved by women is exactly fixed (France, Great Britain, Italy,
Mexico, U.S.S.R:, for instance). All regulations which lay
dowri definite limits for loads have necessarily fixed different
maxima for young persons and adult women respectively, and
for girls and youths respectively ; some have laid down limits
applying to women under age only (Bolivia and certain Australian States, for instance).
Another method of regulation consists in prohibiting the
employment of women on certain industrial operations involving
the carrying of heavy loads, for instance, surface work at mines
(Germany, Great Britain, various other English-speaking countries, etc.), or loading and unloading ships (Argentina and
Poland ; and for women under age in Finland and Sweden).
The carrying of weights is sometimes specially prohibited
for pregnant women, or is at least more stringently regulated
in their case (Italy and Portugal, for instance).
1
Cf. in particular the International Labour Review, Vol. XX, No. 3,
September 1929, pp. 397-407 : lt The Maximum Weight of Loads " ; and
" The Prevention of Industrial Accidents ", Report and Draft Questionnaire submitted to the Eleventh Session of the International Labour
Conference, 1928, pp. 198-207.
244
THE LAW AND WOMEN'S WORK
UNDERGROUND WORK
As was said in the historical survey with which this chapter
opened, the prohibition of women's work underground is one of
the oldest and most widespread provisions of social legislation.
The employment of women on underground work in mines is
now absolutely forbidden in every country in which the existence
and exploitation of mineral resources might give rise to such
employment, with the sole exception of Japan, where the
legislation at present in force lays down the principle that
women's work is prohibited but permits the issue of licences
in limited numbers for the employment of women in coal mines
where the seams are thin or nearly exhausted. In some countries, in conformity with the exceptions contained in the international Convention mentioned above, non-manual women
workers are exempt from the prohibition.
OTHER HEAVY WORK
As regards forced labour, it will suffice to refer briefly to the
information contained in the studies already published on this
subject by the International Labour Office,1 without mentioning
in the analysis below the numerous provisions of colonial legislation prohibiting forced labour for women. It may be said that
the prohibition of women's employment on forced labour for
private employers and the exemption of women from the labour
dues imposed by Governments are practically universal.
Furthermore, national regulations mention numbers of
widely different types of heavy work on which the employment
of women is either prohibited or made subject to special conditions : work at a very high temperature, such as charging of
furnaces, the melting of metals and work on hot metal, or
work at a low temperature ; the operation of machines requiring
considerable effort ; navvying and heavy building work ; quarrying ; hydraulic work, etc.
The category of heavy work may be extended to include all
operations which require constant standing, the effects of
which may be most harmful to the female organism. Regula1
INTERNATIONAL LABOUR CONFERENCE (Twelfth Session, Geneva,
1929) : Forced Labour, Report a n d Draft Questionnaire ; in particular,
§§ 330 a n d
338.
INTERNATIONAL LABOUR C O N F E R E N C E ( F o u r t e e n t h
Session, Geneva 1930) : Forced Labour,
to question 16, pp. 60-64 a n d 166.
Report I ; in particular, replies
EMPLOYMENT ON DANGEROUS WORK
245
tions requiring the provision of seats which employees can use
whenever their duties permit, or which are adapted to the nature
of the process, and are to be used during work, are particularly
important for the health and welfare of women workers. Such
regulations are in force in a large number of countries, but
vary as regards the persons covered and the conditions under
which they are applicable.
Seats must be provided for all workers, male and female
in some countries, particularly a number of Latin-American
States, where several laws of general scope have been passed
in recent years, sometimes following on provisions applying to
women only. The generalisation of such a protective measure
is clearly of advantage to all workers.
As a rule, however, the legal obligation is imposed in respect
of women workers only, and in several countries applies to shops
but not to factories. Either an absolutely imperative obligation
is laid down, or the law empowers some authority, usually a
factory inspector, to decide whether seats ought to be provided.
In factories it is also common to find that the installation of
seats is compulsory only if the work is of such a nature that it
can be done, in part at least, in a sitting position.
There is usually a provision definitely specifying the number
of seats which must be provided. Sometimes the number
may be lower than that of the women employed, and is then
usually fixed at one-third or one-half of the latter figure, though
some regulations require the number of seats to be equal to the
number of women employed in the establishment. In some
other cases, though seldom, the form of the seats is prescribed,
or it is stated that the seats must have backs, or (in Eastern
countries) that mats may be provided for Native workers.
Not infrequently it is specified that employees must be
allowed to use their seats freely when their duties permit, and
though the employer's obligation to provide seats would appear
to carry with it the right of use, it has been recognised that an
explicit statement of this right is in practice a useful precaution.
Very infrequently legal provisions require the employer to
provide not only seats but a rest-room, which the women
workers may use during the breaks in their work.
246
THE LAW AND WOMEN'S WORK
§ 4.—Regulation of Employment on Dangerous Work
Among the dangerous processes on which the employment of
women is frequently forbidden may be mentioned the oiling,
cleaning and repair of machinery and transmission gear when in
motion, the fitting of transmission belts, and work in the immediate neighbourhood of such machinery or gear.
In other cases, the risk of accident is not distinguished from
that of exhaustion or sickness. Among the types of work
both heavy and dangerous which are frequently regulated as far
as women are concerned, reference may be made to the use of
joisting apparatus—either all such apparatus, including lifts,
or more often the operation of cranes and other gear for the
loading and unloading of very heavy objects.
But there are also many national regulations prohibiting
the employment of women on a variety of other types of work :
handling explosive and inflammable substances, handling hightension electric apparatus and other apparatus, work on roofs
or scaffolding in the building industry, work on circular saws, etc.
In some countries, instead of a complete prohibition of
employment on such operations, special safety measures are
required in the case of women. It is clear that many cases
where the regulation of dangerous processes applies especially
to women are largely due to the kind of clothes they usually
wear, and to the fear that their clothing, if loose, may be drawn
into the moving parts of machines. Under some legislation,
therefore, women who wear working clothes which eliminate this
risk are permitted to carry out work in which the legislation of
other countries does not allow them to engage. For instance,
the Danish and Netherlands schemes and those of several
Australian States and Canadian Provinces require women
workers to wear close-fitting clothes and their hair short or
dressed close to the head when engaged in certain operations.
Other safety measures, which many regulations require for
all workers, have hitherto been applied in certain other countries
to women and young persons only—for instance, the covering
of the dangerous parts of machines and the provision of rails on
scaffolding.
The following analysis contains a brief summary of the
extremely varied and often highly detailed provisions contained
in the different laws and regulations.
APPENDIX
SPECIAL REGULATIONS CONCERNING
THE EMPLOYMENT OF WOMEN ON UNHEALTHY,
HEAVY, AND DANGEROUS WORK
INTRODUCTION
The documentary material for this chapter is so abundant that it
has had to be severely abridged. Consequently the reader will find
in the following pages only a short statement concerning each of the
regulations in force ; for any thorough study of the question, reference
must be made to the texts themselves.
In order to reduce the summary in question to the smallest possible
compass and yet to permit comparison both between the international
and the national regulations and between one national measure and
another, the following methods have been employed.
The international regulations are summarised first of all. Next
come the national regulations in alphabetical order of States ; these
regulations are arranged in a uniform manner with the same divisions
and subdivisions for each country.
Division A contains a list of the laws and regulations in force, a
Roman figure being attached to each measure. This figure alone is
repeated in the subsequent divisions, against the paragraph in which
the provisions of the measure in question are summarised.
Division B contains a summary of the general provisions which lay
down the principles of the measure, empower specified authorities
to issue administrative regulations, and in some cases prescribe the
manner in which such regulations shall be issued.
Divisions C, D, and E contain a summary of the legislative provisions
relating to unhealthy, heavy, and dangerous work respectively. They
are subdivided so as to separate the information concerning operations
in which the employment of women is prohibited from that concerning
the health and safety measures specially prescribed for women. Further, in Division D (heavy work), different types of work have been
distinguished under (a), (b), and (c).
The letters referring to the different divisions and subdivisions are
retained in the summary of the legislation of each country, even where
there is no legislative provision to insert in a given division or subdivision, in which case the letter denoting the division or subdivision
is followed by a dash, showing the absence of any legislation to summarise, i.e. of any legislation specially relating to women. It should be
noted that very frequently, particularly in the subdivisions concerning
health and safety measures, the dash denoting absence of legislative
248
THE LAW AND WOMEN'S WORK
provisions does not of necessity indicate that the legislation of the
country in question 'inadequately protects women workers, for protection is often provided by legislation covering workers of both sexes ;
this, indeed, constitutes a higher standard of protection, since it covers
all persons exposed to the risk, but lies outside the scope of the present
study, which is devoted to special protection for women workers.
In this very brief summary of voluminous texts, and particularly
in the indication of the occupations from which women are debarred or
to which their access is regulated, it has not been possible in every case
to keep the terms used in the legislation itself. In drawing up the list
of occupations in which the employment of women is prohibited or
subject to special conditions, an attempt is made to standardise the
terminology and to use throughout the same expression for a given
operation, even where the various national laws use different terms.
The abbreviated description of each of the regulated operations takes
the following form : first of all comes the word denoting the risk—the
key word, so to speak ; this is followed by words denoting the industry
or occupation in which the risk in question has caused employment
to be prohibited or regulated. Since a complete enumeration, including
all industries or occupations in which action to reduce the risk is taken,
would have filled too much space, the fact that the measure in question
exactly defines the scope of its provisions is at least indicated by means
of the words " specified industries " or " specified operations ".
The following abbreviations take the place of the words recurring
most frequently in the lists of regulated employments :
ex. = exposure to
h. = handling
p. = production
sp. ind. = specified industries
sp. op. = specified operations
u.
= use.
Various supplementary explanations are given by means of footnotes.
Another device used for purposes of abbreviation is that of reference
from a national measure to a provision of the international regulations,
or from one national measure to another which contains the same
provision.
In order to facilitate such cross-references, the various items in the
lists of regulated occupations have been numbered in Arabic figures,
both in the summary of international Conventions and Recommendations and in those of certain national regulations which were chosen as
typical because their provisions in fact recurred in a number of other
measures.
When the reference is from a given subdivision to the same subdivision of the legislation of another country, only the Arabic figures
appear denoting the items to which reference is made. For instance,
under Bolivia, G (a), the reference "As France : 16, 30, 44 " means
" As France : C (a), 16, 30, 44 ".
If in the subdivision referred to there are several lists based on
different legislative measures of the country in question, the Arabic
figures denoting the items in the list referred to are preceded by a
í
EMPLOYMENT ON DANGEROUS WORK
249
Roman figure denoting the appropriate legislative measure. For
instance, under Bolivia, C (a), the words "As Argentina: 112,4,6 . . "
mean that reference should be made to items2,4, 6, etc., of the list under
Argentina, C (a) II (i.e. the Decree of 1925, and not that of 1924,
which is listed as I). Where there is a difference between the scope of
the regulations under consideration and that of the regulations to which
reference is made, an explanation of the scope of the former will be
found in brackets. Taking once more the example of Bolivia, C (a),
the words "As Spain (but for women of all ages): 14,18 . . " mean that
in Bolivia, for the operations listed under Spain, C (a), 14, 18, etc., the
employment of women of all ages is prohibited, whereas in Spain, for
these same operations, the prohibition applies to women under age
only.
In the same way, certain differences between the regulations under
consideration and the regulations referred to are also placed in brackets.
For instance, in the same reference from Bolivia to Spain, the figure 20
is followed by the words " (distilling and refining) ". This means that
whereas in Spain the employment of women is prohibited in all operations relating to the production of mineral oil—indicated by the words
" mineral oil (p.) "—in Bolivia such a prohibition affects only the
distilling and refining processes,
In case of reference from a subdivision of one division to a subdivision of another division, the figure denoting the item in the list of
operations is preceded by letters denoting the division and subdivision
to which reference is made. For instance, under Bulgaria, subdivision
E (a), Employmenl prohibited, the following reference appears : "As
Italy : E (b),2, 5, 6, 7 ". This means that in Bulgaria the employment
of women is prohibited in the dangerous occupations which are, for
Italy, placed in subdivision E (b), safely measures, because in Italy the
employment of women in these occupations is merely subject to special
safety measures and is not prohibited.
A.—INTERNATIONAL
Reference
REGULATIONS
A . List of Regulations
No.
I.
II.
III.
IV.
Recommendation No. 4 (Washington, 1919) concerning the
protection of women and children against lead poisoning.
Convention No. 13 (Geneva, 1921) concerning the use of white
lead in painting, Article 3, paragraph 1.
Convention No. 45 (Geneva, 1935) concerning the employment
of Women on underground work in mines of all kinds.
Convention No. 29 (Geneva, 1930) concerning forced or compulsory labour, Article 11.
B. General Provisions
Nothing applying specially to W.
250
THE LAW AND WOMEN'S WORK
G. Unhealthy Work
Reference
No.
I.
II.
(a)
EMPLOYMENT
PROHIBITED
LeadI (desilverising)
it
(melting)
?»
alloys1 (manufacture)
it
ashes containing (manipulation)
it
„
,,
(treatment)
ti
,,
,,
(reduction)
11
compounds (manufacture) :
(a) white lead
(b) Chromate of lead
(c) litharge
(d) massicot
(e) orange lead
(f) red lead,
(g) silicate
(frit) of lead
ti
8.
ores
(reduction)
(h) sulphate
of lead 1
il
9.
solder
(manufacture)
ti
10.
(risk) in :
(a) accumulators (manufacture)2
2
(b) workrooms
„
(repair)
(c)
where
lead processes are carried
on (cleaning)
11. Zinc (melting)
a
12.
ores (reduction)
1. White lead (use in painting of an industrial character)
2. Products containing white lead (id.)
3. Sulphate of lead (id.)
4. Products containing sulphate of lead (id.)
(The Convention prohibits for men the use of the same
pigments in the internal painting of buildings, with certain
exceptions not applying to W.)
1.
2.
3.
4.
5.
6.
7.
(b)
HYGIENE
MEASURES
I.
For the use of lead compounds :
1. ¡Ventilation to remove dust and fumes ;
2. Cleanliness of tools and workrooms';
3. Notification to authorities of all cases of lead poisoning ;
4. (Compensation to persons affected by lead poisoning ;
5. Periodical medical examination of W workers ;
6. Provision of cloak-room, washing, and mess-room
accommodation ;
7. Provision of protective clothing ;
8. Prohibition of bringing food or drink into workrooms.
(Stricter regulation in industries in which soluble
lead compounds 3 can be replaced by non-toxic
1
Containing more than substances.)
10 per cent, of lead.
* In mixing and pasting work.
•For the purpose of the Recommendation, a lead compound is considered as soluble if it
contains more than 5 per cent, of its weight (estimated as metallic lead) soluble in a
quarter of one per cent, solution of hydrochloric acid.
EMPLOYMENT ON DANGEROUS WORK
251
D. Heavy Work
(a)
CARRYING LOADS
Nothing applying specially to W.
Reference
No.
III.
(¡j) UNDERGROUND WORK
'
Prohibited in mines (i.e. in undertakings, whether public
or private, for the extraction of any substance from under
the surface of the earth).
National laws or regulations may exempt the following :
(a) females holding positions of management who d o
not perform manual work ;
(b) females employed in health and welfare services ;
(c) females who, in the course of their studies, spend
a period of training in the underground parts of
a mine ;
(d) any other females who may occasionally have to
enter the underground parts of a mine for the
purpose of a non-manual occupation.
(c)
IV.
OTHER HEAVY W O R K
Forced labour : prohibited.
(d)
H Y G I E N E MEASURES
Nothing applying specially to W.
E.
(a)
D a n g e r o u s Work
EMPLOYMENT PROHIBITED
Nothing applying specially to W.
(b)
SAFETY MEASURES
Nothing applying specially to W.
B.—NATIONAL
REGULATIONS
A M E R I C A ( U N I T E D S T A T E S OF)
A.
I.
List of R e g u l a t i o n s
Alabama :
II.
III.
IV.
Arizona :
Arkansas :
California :
V.
VI.
Colorado :
Dakota, Norlh
Code 1918, sec. 1724 ;
Session Laws, 1892-93, Act 266,
sees. 14, 2 1 .
Revised Code, 1928, sec. 1380.
Digest of Statutes, 1921, sec. 7266.
General Laws (Deering), 1931 ;
Industrial
Welfare
Commission
Order No. 18, 1931.
Compiled Laws, 1921, sec. 3546.
Compiled Laws, Supplement 1913-25,.
sec. 396 (b) 3.
252
THE LAW AND WOMEN'S WORK
Reference
No.
VII.
VIII.
Illinois :
—
IX.
Indiana :
X.
Kansas :
XI.
XII.
Louisiana :
Maryland :
XIII.
XIV.
Massachusetts
—
XV.
Michigan :
XVI.
XVII.
—
Minnesota :
XVIII.
XIX.
XX.
Missouri:
—
New Jersey
XXI.
XXII.
XXIII.
XXIV.
—
New York:
—
—
XXV.
—
XXVI.
—
XXVII.
Ohio :
XXVIII.
—
XXIX.
Oklahoma :
XXX.
Oregon :
Revised Statutes (Canili), 1931,
eh. 93, sec. 27, 124.
Session Laws, 1921 : Metal mines,
pp. 526, 527, 549, 567.
Session Laws, 1905, ch. 50, sees. 20,
24, 28.
Revised Statutes, 1923, ch. 44,
sec. 640.
Session Laws, 1908, Act 301, sec. 17.
Session Laws, 1902, ch. 124 ;
Session Laws, 1922, ch. 307.
General Laws, 1932, ch. 149. sec. 53.
Department of Labor and Industry
Rules relating to foundries, 1927,
sees. 28-30.
Compiled Laws, 1929, sees. 8242,
8346, 8497.
Session Laws, 1923, Act 206, sec. 11.
Mason's Statutes, 1929, ch. 23,
sees. 4093-4074.
Session Laws 1913, ch. 316, sees. 9
and 20.
Session Laws, 1919, ch. 84, sees. 20,
21, 30.
Session Laws, 1881, p. 165, sees. 6, 10.
Session Laws, 1891, p . 159.
Safety Standards for lead corroders,
1919, p p . 4, 14, 2 1 .
Safety Standards for handling of
nitro- and
amido-compounds,
1917, p . 8.
Industrial Board Rules, sec. 146 (8).
Session Laws, 1906, ch. 375.
Cahill's Consolidated Laws, 1930,
ch. 32, sec. 147 ;
Industrial Board Rules, 582-585,
1915.
Cahill's Consolidated Laws, sec. 383 ;
Session Laws, 1924, ch. 446, sec. 383.
Industrial Board Code Bulletin, No.
10; Rules 582-585, 1915.
Page's Code, 1932, sees. 1008-1 and
1027;
Session Laws, 1909, revised 1911.
Industrial Commission, Safety Requirements in foundries, 1931,
sees. 81-84.
Constitution, 1907, Art. 23, sec. 4 ;
Compiled Statutes, 1931, sees. 7218,
10843.
Session Laws, 1929, ch. 42, sec. 22.
Code 1930, Vol. 3, title 49, sec. 315;
Industrial Welfare C ommission Orders,
Nos. 40, 42, 43, Oct. 1919.
253
EMPLOYMENT ON DANGEROUS WORK
Reference
No.
XXXI.
XXXII.
XXXIII.
XXXIV.
XXXV.
XXXVI.
XXXVII.
KXXVIII.
XXXIX.
XL.
XLI.
XLII.
XLIII.
XLIV.
XLV.
XLVI.
Session Laws, 1885, 1891, 1893,
1903, 1911.
Department of Labor and Industry
Regulations :
—
For the manufacture of nitro- and
amido-compounds, 1928, sec. 8(i)
—
For foundries, 1929, Rule 8 ;
—
For lead corroding, 1930, Rule 2
—
Employment of Women, 1931. Rules
Women-2 (3) ; Women-2 (4)
Women-9 ;
Employment of Women, 1934, Rules
Women-5 (1918, 1925) ; Women-7
(1925, 1929) ; Women-8 (1918,
1925).
Utah :
Session Laws, 1896, ch. 28.
Virginia :
Session Laws, 1912, ch. 178, sec. 15.
Washington :
Industrial Welfare Commission Order
No. 30, 1922.
—
Session Laws, 1891, ch. 81 ; 1917.
—
Session Laws, 1913, ch. 174.
Wisconsin :
Statutes, 1935, sees. 103.05
Wyoming :
Compiled Statutes, 1920, sec. 3868.
Philippine
Islands .•Session Laws 1923, Art. 3071.
—
Law No. 137, 7 Nov. 1936, sec'. 93.
All Stales (except Laws concerning provision of seats
(see United States Department
Mississippi and
of Labor, Bulletin of the Women's
Florida ' :
Bureau, No. 144, 1937).
Pennsylvania
:
Granerai Provisions
W
VI.
XXX.
XLI.
X.
XLII.
XV.
North Dakota
Oregon :
Washington :
Kansas :
Wisconsin :
Michigan
C.
(a)
V.
XV.
may not be
conditions :
employed
under
detrimental to their health ;
detrimental to their health or welfare ;
detrimental to their life, health,
safety, or welfare.
No W shall be given any task
disproportionate to her strength
or employment in any place detrimental to her healt hor her potential capacity for motherhood.
U n h e a l t h y Work
EMPLOYMENT P R O H I B I T E D
Colorado :
Michigan2,
Coke (p).
Moving
abrasives
around)
(employment
1
Mississippi has no law respecting seats ; Florida has a law requiring seats for men and
women alike.
* This law is ambiguous and has never been enforced.
254
THE LAW AND WOMEN'S WORK
Reference
No.
XXVII.
XXII.
New York :
XXI.
XXXII.
XXXV
(W. 2. (3))
XXXIV.
XX.
XXXV.
(W. 9)
New Jersey
Pennsylvania
XXXVI.
(W.7)
Pennsylvania
Pennsylvania
New Jersey
Pennsylvania
.
Pennsylvania
:
XXXVI.
(W. 7)
HYGIENE
Massachusetts
New York
Ohio
Pennsylvania
New York :
The Commissioner of Labor may allow
employment in basements of
mercantile stores and restaurants
only if these are sufficiently
lighted, ventilated, and sanitary.
Protective clothing prescribed by
the Department of Labor for sp.
op. in welding.
Pennsylvania
(a)
XXXV.
<W. 2 [4])
XXXVI.
<W. 7)
IV.
XXVII.
XXXVI.
1
Heavy Work
CARRYING LOADS
Washington :
Pennsylvania
.
Pennsylvania
.
California :
Ohio :
Pennsylvania
MEASURES
Gases, fumes, and smoke must be
effectively trapped in foundries.
D.
XXXIX.
Nitrates (h) in nitro-glycerine (p).
Lead, dry substances containing (h).
Lead, taking down blue beds ;
setting up blue beds in corroding
stacks (old Dutch process).
Welding and cutting metals (sp. op).
Cf. also B.
(b)
XIV.
XXVI.
XXVIII.
XXXIII.
XXV.
Moving
abrasives
(employment
around certain kinds of).
Moving
abrasives
(employment
around certain kinds of) except
wet grinding.
Nitro- and amido-compounds (h).
Ohio :
:
W may not lift or carry :
" A n y excessive b u r d e n " in manufacturing and mechanical shops ;
Heavy weights in explosive plants ;
More than 15 lbs. in sp. op. in
welding ;
More than 25 lbs. (or 10 lbs. up or
downstairs with a total rise of
more than 5 ft.) in any occupation ;
Weights in excess of 25 lbs. ; x
handling of package or freight
is also forbidden.
The following are prohibited in foundries :
1. Making or handling cores weighing (with containers) more than :
15 lbs.
The frequent lifting or carrying of such weights is forbidden.
EMPLOYMENT
ON DANGEROUS
WORK
255
Reference
No.
XIV.
XVII.
XXVIII.
XIV.
Massachusells1
Minnesota
Ohio1
Massachusetts :
(b)
I.
II.
III.
V.
VII, V I I I .
IX.
XII.
XVIII.
Xxxm.
XVII.
XXIX.
XXXI.
XXXVII.
XXXVIII.
XLI.
XLII.
XLIII.
X L IV, X L V .
25 lbs.
The employment of W to work
on cores with total weight exceeding 60 lbs.
Cf. also B.
UNDERGROUND W O R K
Alabama
Arizona 2
Arkansas 3
Colorado
Illinois3
Indiana'
Maryland
Missouri
New York
Ohio
Oklahoma
Pennsylvania
Utah
Virginia
Washington3
Wisconsin
Wyoming
Philippine Islands
(c)
\
1
J
I
{
(
Prohibited in mines.
j
OTHER HEAVY WORK
Prohibited :
Same States as (b) :
Mining work (surface).
Arizona
New York
Ohio
Oklahoma
Wisconsin
Work in quarries.
XXIV.
XVII.
New York :
Minnesota :
XXVI.
XXVIII.
XXXIII.
XXVII.
XXVII.
New York
Ohio
Pennsylvania
Ohio :
Ohio :
Work involving exposure to high
temperatures in metal industries :
Work in core rooms.
Id. (placing in and removing from
ovens).
II.
XXIII.
XXVII.
XXIX.
XLII.
XXXVII.
Utah
Handling cores of a higher temperature than 110° Fahrenheit.
Moulders' work.
Work around smelters or blast
furnaces.
Work in and around smelters.
1
Massachusells and Ohio: the weight of the core may exceed 25 lbs. if there is mechanical
•assistance, so that the effective load is not more than 25 lbs.
•5 Arkansas : in mines with ten or more men employed underground in 24 hours.
Colorado, Illinois, Indiana, Washington : in mines employing ten men or more.
256
THE LAW AND WOMEN'S WORK
Reference
No.
XXVII.
Transport :
Work of crossing watchmen, taxi:
or express drivers, delivery service.
Trucking work, section work on
railroads.
Ohio:
XXVII.
XXXVI.
(W. 8)
XXX.
Ohio
Pennsylvania
As messengers in telephone, telegraph or public messenger services..
Oregon :
(d)
IV.
California :
XIII.
Massachusetts
XIV.
XXVI.
XXVIII.
Massachusetts
New York
Ohio
XXXIII.
Pennsylvania
XLVI.
(a)
HYGIENE
:
MEASURES
Pulleys, castors or other devicesmust be provided to facilitate
movement of :
Weights of 50 lbs. or more, in all
establishments
employing
W.
Weights of 75 lbs. or more in manufacturing and mechanical establishments.
In foundries there must be specially
constructed partitions between
rooms where W make cores and.
rooms containing ovens, if the
making and baking of cores are
carried on simultaneously.
Seats mu
INDUSTRIAL AND COMMERCIAL
ESTABLISHMENTS
Number of seats not specified :
Arkansas, Colorado, South Dakota, Georgia, Idaho, Illinois,
Iowa,
Massachusetts, Minnesota,1 Missouri, New Hampshire,
New
Jersey,.
New Mexico, Oklahoma, Rhode Island, Texas, West Virginia,
Wisconsin,
Philippine Islands, Puerto Rico.
One seat for each W employed :
California,2 North Carolina, Connecticut. Indiana, 1 Kansas1,2 (industry),1
Michigan, Montana, Nebraska, Nevada, New
York (laundries), Ohio,
Oklahoma, Oregon, Tennessee, Washington2
Wyoming, District of Columbia.
One seat for each three W employed :
Delaware, Kentucky (commerce), Louisiana, New York1 (commerce),.
Pennsylvania,
Virginia.
Two seats for each three W employed :
Arizona.
(b)
COMMERCIAL
ESTABLISHMENTS
Number of seats not specified :
Alabama, Dakota (Norlh), Maine, Utah, Vermont.
One seat for each W employed :
Maryland.
One seat for each three W employed :
Soulh Carolina.
1
1
In specified employments the seats must have backs.
In specified employments the seats must have foot rests.
• Folding seats do not comply with the law.
257
EMPLOYMENT ON DANGEROUS WORK
E.
Reference
No.
XI.
XVI.
XVII.
XIX.
XVIII.
XXXVI.
(W. 5)
XXVII.
XLIV.
(a)
Dangerous Work
EMPLOYMENT
Louisiana
Michigan
Minnesota
Missouri
Missouri :
Moving machinery
Pennsylvania
Ohio :
Philippine
PROHIBITED
\
:
(cleaning, etc.).
No W may work between the fixed
and traversing parts or between
the parts of any power machine
except t h a t which she is operating.
Operation of cranes.
Operation of baggage
Islands : Explosives (p,h).
elevators.
Cf. also B
(b)
ARGENTINA
I.
II.
III.
IV.
V.
VI.
VII.
A. List of R e g u l a t i o n s
Act No. 11317 of 30 Sep. 1924: Employment of Women
and young persons, sees. 9-12 and 22.
Decree of 28 May 1925 to administer Act No. 11317 in the
Federal Capital (Buenos Aires), sees. 1 and 2.
Decree of 9 J u n e 1925 to administer Act No. 11317 in the
National Territories, sees. 1 and 2.
Province of Buenos Aires : Decree of 24 July 1925 t o
administer Act. No. 11317, sees. 8 and 9.
Province of Corrientes : Decree of 16 May 1927 to administer
Act No. 11317, sees. 8 and 9.
Province of Santa Fé : Decree of 23 Dec. 1926 to administer
Act No. 11317, sees. 1 and 2.
Province of Tucumán : Decree of 24 Aug. 1931 to administer
Act No. 11317, sees. 8, 9, 12, 17, 25.
B.
General Provisions
The dangerous and unhealthy work from which W are
excluded to be specified b y regulation. 1
II, III.
/ (a) At the request of the competent authority the list of prohibited operations
may be supplemented by the addition
1
of newly introduced industrial prol
cesses which are unhealthy.
IV. Buenos Aires } (b) Exceptions to this list may be permitted
at the request of manufacturers and
V I . Santa Fé
)
after consultation of the competent
/
authority, 2 if the work in question
VII.
Tucumán
f
has lost its unhealthy or dangerous
!
character owing to the adoption of
new methods of manufacture or of
preventive measures.
1
Corrientes
: sickness
As affecting
(a).
An industrial
accident or
a woman is considered as due to the
employer^ fault if caused by prohibited work or by work done in conditions contrary to the
Act or if the woman was at a workplace at which her presence was unlawful.
• Not required in the Province of Tucumán.
17
258
THE' LAW AND WOMEN'S WORK
G.
Reference
No.
I.
•
11,111 and
VI.
IV.
V.
VII.
(a)
Unhealthy Work
EMPLOYMENT P R O H I B I T E D
As Recommendation No. 4 : 7 (a), (f);
1. Alcohol (distillation)
2 . Arsenic pigments (h)
3.
,,
enamels (h)
4.
,,
varnishes (h)
5. Toxic pigments (p.)
6. Liqueurs (p., mixing)
7. Metals (a) (polishing with emery)
(b) (smelting)
8 . Lead pigments (h)
9.
,, enamels (h)
10.
,, varnishes (h)
11. Irritant or toxic dusts (ex)
12. Irritant or toxic fumes (ex)
13. Glass (cutting)
14.
,, (polishing)
15.
,, (melting)
16.
,, (blowing)
Santa
Fé
As Recommendation No A: 2,7 (a), (c), (d), (f);
As Spain (but for W of all ages) ; 14, 20, 24
(a), 31 (p) ;
As France: 6-10, 12. 13 (a) and (b), 15, 24,
25, 29,30,32, 35 (refining and distilling) •
44, 48, 50 (p) ;
1. Silver-plating
2 . Arsenic compounds (p)
3 . Benzine (p)
4 . Rags (collecting)
5 . Creosote (p)
6. Copper compounds (p)
7. Gilding
8. Acetic ether (p)
9 . Sulphuric ether (p)
10. Bones (collecting)
1 1 . Paraffin (p)
12. Lead (p)
13. Potassium cyanide (p)
14. Potassium salts (p)
15. Textiles (carding)
16. Waterproof cloth (p)
17. Oil varnishes (p)
Buenos Aires : As I ; and Slaughterhouses.
Corrientes:
1. As I I (except France 25) ;
2 . Work in hospitals reserved for infectious and contagious cases.
Tucumán :
As I 2-5, 7-14 ;
As II (also prohibited : handling of the
substances specified) ;
As V 2 (hospital establishments).
Slaughterhouses (sp. op.)
Mercury, (p, distillation),
„
fulminate of (p),
Lead (sp. op. in printing industry),
Tobacco (chopping),
Tanning.
259
EMPLOYMENT ON DANGEROUS WORK
Reference
No.
VII.
Tucumán
(b)
H Y G I E N E MEASURES
:
Required in industrial and commercial
establishments employing W or young
persons. 1
Air in sufficient quantities (10 eu. m. per
person),
Exhausts (to be fitted if the Inspectorate
thinks fit),
Sufficient lighting,
Clean premises,
Ventilation for removal of unhealthy gases,
fumes and dusts.
D.
(a)
I, IV.
Buenos Aires :
(b)
I, I V .
VII.
Buenos Aires :
Tucumán :
Loading and unloading ships prohibited.
Prohibited.
Drilling, excavation of
cellars prohibited.
basements
and
OTHER HEAVY WORK
V.
VII.
IV.
Corrientes :
Tucumán:
Buenos Aires :
VII.
.Tucumán:
E.
(a)
CARRYING LOADS
UNDERGROUND W O R K
(c)
IV.
Heavy Work
Transport and care of cattle prohibited.
Care of cattle prohibited.
Employment prohibited :
1. Quarries, work i n
2 . Firemen, work of
3 . Enginemen, work of
4 . Feats of strength, contortion, etc.
Employment prohibited :
1. Work under water.
2 . Work in great heat (textile industry)
3 . Construction work.
4 . Sewers, etc. (cleaning).
(d)
D a n g e r o u s Work
EMPLOYMENT PROHIBITED
Buenos Aires :
1.
2.
3.
4.
5.
6.
7.
8.
9.
Gins, loading and unloading b y
Cranes, ,,
„
„
„
Driving belts
Machinery in movement (upkeep of)
Circular saws and other dangerous
apparatus (work at)
Caustic substances (p)
Explosives (p)
Incandescence (transport of substances in a state of)
Inflammable substances (p)
1
The regulations prescribe a number of other hygiene measures for all workers Irrespective of sex.
260
THE LAW AND WOMEN'S WORK
Reference
No.
II, I I I , V .
VI.
VII.
VII.
Corrientes
Santa Fé
Tucumán
)
!
)
As Spain (but W of all ages)
1. Fireworks (p)
2 . Fulminates (p)
(b)
SAFETY MEASURES
1
1,2.
Access to goods hoists prohibited if not
fitted with protective devices and
operated by competent persons.
Tucumán
AUSTRALIA
A.
List of Regulations
South Australia :
II.
—
•
III.
Western
IV.
—
V.
—•
VI.
—
VII.
New South M
VIII.
—
IX.
—
X.
—
XI.
Queensland :
XII.
XIII.
—
XIV.
—
XIV (a).
—
XV.
XV (a).
XVI.
XVII.
Aus
S6C 14
Tasmania :
—
Northern
Mines and Works Inspection Act
No. 1444 of 1920, sec. 17.
Industrial Act, 1920-1925, sees. 319,
346, 347, 348.
Coal Mines Regulation Act,l 902-1926,
sec. 5.
Mines Regulation Act No. 36, 1906,
amended b y Acts No. 53 of 1915
and 24 of 1920 ; sec. 53.
Inspection of Machinery Act, 1921,
No. 11 of 1922, sec. 15.
Factories and Shops Act, 1920, as
amended by Act No. 6 of 1932,
sees. 54, 66, 67, 69, 70, 76, 126 and
153.
Mines Inspection Act No. 75, 1901,
sec. 26.
Coal Mines Regulation Act, No. 37,
1912, sec. 41.
Factories and Shops Act, 1912-1936,
sees. 26, 37, 41.
Order of 29 Oct. 1936, issued under
the Factories and Shops Acts
(dangerous machinery).
Mines Regulation Act, 1910-1920,
sec. 32.
Coal Mining Act, 1925, sec. 79.
Inspection of Machinery Act, 1915,
Territory
Factories and Shops Act, 1900-1920,
sees. 27 and 60.
Regulations under the Factories and
Shops Act, 1922, sec. 39,
Factories Act, 1910-1912, sec. 42 and
45.
Shops Act, No. 29, 1925, sec. 18.
Mines and Works Regulation Act,
No. .41, 1915, sec. 29.
Ordinance relating to pearling and
dealing in pearls, No. 19 of 1930,
sec. 59fftj.
1
The regulations prescribe a number of other safety measures for all workers irrespective
of sex.
261
EMPLOYMENT ON DANGEROUS WORK
Reference
No.
XVIII.
Victoria
Factories and Shops Act, No. 3677,
1929, sees. 36, 41 and 65, and
regulations issued thereunder.
Regulations of 12 Nov. 1928, issued
under the Factories and Shops Act,
(lead industries), sees. 32 and 35.
Mines Act No. 3737, 1929, sees. 403
and 409.
Coal Mines Regulation Act No. 3657,
1929, sec. 6(2).
Native Labour Ordinance No. 9,
1911-1931, sec. 103.
XIX.
XX.
XXI.
XXII.
XXIII.
Papua :
Mandated
Territory
of New Guinea :
Mining Ordinance
sec. 153.
No.
18,
1928,
General Provisions
XIV.
IX.
Queensland :
W
New South Wales
C.
(a)
EMPLOYMENT PROHIBITED
Western Australia
Queensland
Tasmania
Victoria :
XV.
XIV.
Tasmania :
Queensland .
XV.
Tasmania
(b)
VI.
1
Unhealthy Work
VI.
XIV.
XV.
XIX.
II.
XIV.
XV.
XVIII.
XIV.
may not be employed in any
process which the Minister on the
recommendation of the Commissioner for Public Health may
notify as unhealthy.
The Minister may issue regulations
prohibiting the employment of
W at certain dangerous machines.
South Australia
Queensland
Tasmania
Victoria
Queensland :
Mercury (silvering mirrors) ; lead,
lead' compounds : white lead (p).
Lead, lead compounds :
White lead ;
(
Litharge ;
! (p, h, ex.
Red lead.
(
dust)
Lead in p. and repair of accumulators.
Lead, in pottery industry (enamelling).Lead in manufacture of nails ;
Metals, dry grinding ;
Glass, (melting, annealing).
Any harmful operation (except in
candle and soap factories).
H Y G I E N E MEASURES
'
1> As Great Britain : I, 2. 1
1
Western Australia :
Use of a safety vacuum in bronzing. 1
Provision of a suitable room for having
meals in :
factories employing over six W and
boys;
Employment prohibited in case of contravention.
262
THE LAW AND WOMEN'S WORK
Reference
No.
XIV.
Queensland .
XV.
Tasmania :
XIX.
factories (regulations issued by the
Governor-in-Council).
Hours of work limited (to 8 in the
day) for compositor's work in
printing.
Special provisions concerning construction of premises in which W
work. (If the room is not ceiled
and the roof is of iron this must
be at least 20 ft. from the floor ;
if the floor is of concrete or brick,
it must be covered with a nonconducting material.)
Victoria :
D.
(a)
II.
IX.
IV.
VII.
VIII.
XI.
XII.
XVI.
XX.
XXI.
XXIII.
III.
VII, V I I I .
XX, X X I .
XVI.
XVII.
XXII.
(c)
XIV
1
Prohibited
In mines.
: In coal mines.
: In metal and mineral mines.
:
: In all mines except coal mines.
In coal mines.
In metal and mineral mines.
In coal mines.
In mines.
In gold and mineral mines.
In coal mines.
In mines.
OTHER HEAVY WORK
Western Australia
New South Wales
Victoria
Tasmania :
Northern
Papua :
LOADS
Weights above the following limits
may not be lifted or transported
by hand :
25 lbs. (W under 20 years of age). 1
35 lbs. (W of 18 years and over).
UNDERGROUND W O R K
South Australia :
Western Australia
Western Australia
New South Wales
New South Wales
Queensland :
Queensland :
Tasmania :
Victoria :
Victoria :
New Guinea :
Territory
(d)
VI.
IX.
(a).
CARRYING
South Australia :
New South Wales
(b)
I.
III.
Heavy Work
Prohibited
)
Surface work, mines.
Surface work, mines (except clerical
work).
Pearling.
Work of a heavy or burdensome
nature (Native W).
H Y G I E N E MEASURES
Western Australia
New South Wales
Queensland
Provision of seats, with freedom to
make use of them :
1. in factories and shops :
One seat t o every three female
employees.
Lower limits are fixed for younger women.
EMPLOYMENT ON DANGEROUS WORK
Reference
No.
XVIII.
XV (a).
VI.
XVIII.
Victoria :
As required by the Minister.
Tasmania :
2 . In shops.
Provision of rest rooms :
In restaurants and tea rooms.
In factories as required by the Minister.
Western Australia
Victoria :
E.
(a)
II.
IX.
XIII.
:VIII.
VI.
v.
ii.
IX.
XIII.
X.
XVIII.
X.
Dangerous Work
EMPLOYMENT PROHIBITED
South Auslralia
New South Wales
Queensland
Victoria
Western Australia
Western Australia
South Australia :
New South Wales
Queensland :
New South Wales
(b)
VI.
263
1.
Machinery in motion (work between fixed and traversing part).
2 . Gearing in motion (cleaning).
Gearing in motion (cleaning).
Elevators (repairing).
Elevators and lifts (care of working).
Elevators and lifts in factories and
shops (working, maintenance}.
Elevators (working, maintenance).
Any engine (charge or control of).
Employment at dangerous machines
(about 300 specified machines, in
particular abrasive wheels and
discs, circular and band saws and
knives, and machines in specified
industries, particularly the food,
wood, rubber, pottery, printing,
paper, stone, soap, tobacco, textile, and clothing industries).
SAFETY MEASURES
Western Auslralia : W working at or about machines must,
if required by the inspector, be
dressed in protective clothing
furnished by employer and have
their hair securely fastened and
covered.
Victoria :
Hair must be securely fastened and
covered for
work at or about
machines. 1
New South Wales : W aged 18 years or over : Ministerial
permit required for employment
at power presses, hydro-extractors
and fur-cutting machines.
AUSTRIA
A.
I.
II.
1
List of R e g u l a t i o n s
Act of 28 July 1902 : Construction work conducted by the
railways and establishments accessory thereto, sec. 47,
and Administrative Decree of 2 Feb. 1903.
Industrial Code, sec. 94.
Employment prohibited in the case of contravention.
264
THE LAW AND WOMEN'S WORK
Reference
III.
IV.
V.
VI.
VII.
VIII.
IX.
Order of 8 Mar. 1923 : Lead and zinc smelting works,
white lead factories, sec. 12.
Order of 8 Mar. 1923 : Manufacture of lead compounds,
alloys and articles, 6ec. 7.
Order of 8 Mar. 1923 : Printing, lithography and typefounding, sees. 7 and 9.
Order of 8 Mar. 1923 : Painting, varnishing and decoration,
sec. 6.
Order of 28 Mar. 1934 : Manufacture and use of benzene,
sec. 4.
Decree of 12 Dec. 1930 : Autogenous welding, safety provisions, sec. 12.
Act 13 Mar. 1937 : Prohibition of employment of Women
in underground work in mines.
Cf. also table in Ch. I l l " Maternity Protection ".
B.
II.
General Provisions
The Minister of Commerce, in agreement with the Minister
of the Interior and after consulting the Chambers of
Commerce and Industry, may issue Orders specifying
the dangerous or unhealthy operations at which the
employment of W is prohibited or made subject to
certain conditions.
C.
(a)
VI.
III.
VII.
IV.
Ill, IV.
IV.
V.
VIII.
VII.
EMPLOYMENT PROHIBITED
As Convention No. 13.
As Recommendation No. 4 : 2 (melting : sp. op.)
7 (c) (p, h)
11 (melting : sp. op.).
1
Benzene (sp. ind.).
Lead alloys (ex. to dust containing lead or to noxious gases).
Lead compounds (p, h, and any work involving exposure
to dusts containing lead or to noxious gases).
Lead articles (ex. to dusts containing lead or to noxious
gases).
Lead in the printing industry. 2
„ in type (p, founding sp. op. ). 2
,, pigments, in the printing industry.
Autogenous welding.
Carbon bisulphide1 in rubber industry. 1
Toluol (sp. ind.).
Xylol pigments (p, ex.). 1
(b)
VII.
Unhealthy Work
H Y G I E N E MEASURES
Removal by exhaust of fumes, etc., from benzene, toluol
and xylol (sp. op.).'
D.
Heavy Work
(a)
1
Access to premises used for these operations is prohibited.
* Specified exceptions for women over 18 years of age.
* Prohibition of employment in case of contravention.
EMPLOYMENT ON DANGEROUS WORK
Reference
(b)
265
UNDERGROUND W O R K
No.
IX.
As Convention No. 45. (Exceptions applicable on issue of
permit b y competent Minister.)
(c)
OTHER HEAVY WORK
Prohibition
I.
V.
1.
Railway construction conducted by the railways
(except light work).
2 . Railway work (except light work not requiring the
employee to be in the way of traffic or among
machines and apparatus in use).
Treading platen presses (printing industry).
Cf. also table in Ch. Ill, " Maternity Protection ".
(d)
V.
H Y G I E N E MEASURES
Rest of 10 minutes (including breaks due t o the nature of
the work) .after 2'/s hours' work at feeding a machine
in the printing industry).
E.
(a)
I.
EMPLOYMENT PROHIBITED
Cf. D. (c), I. 2.
(b)
V.
D a n g e r o u s Work
SAFETY MEASURES
Prohibition of the wearing of loose clothes (sleeves below the
elbow must be fastened at the wrist) and of loose hair or
hanging plaits for work at machines in the printing
industry.
BELGIUM
A.
I.
II.
III.
IV.
V.
VI.
VII.
VIII.
IX.
List of R e g u l a t i o n s
Order of 20 Nov. 1906 : Loading, unloading, etc., of ships,
sec. 42.
Act of 28 Feb. 1919 : Women and children, sec. 4.
Mines, etc., Act, consolidated text of 15Sep. 1919,sec.54; and
Act of 5 May 1936 : Employment of Women underground.
Royal Order of 15 Sep. 1919 : Surface work in connection
with underground mines and quarries, sec. 73.
Order of 3 May 1926 : Employment of protected persons in
various industries, sees. 1, 3, 4, 5.
Order of 31 Oct. 1928 : Use of white lead in painting.
Order of 22 Feb. 1930: Glue and gelatine industry, etc.,
sec. 2.
Act of 25 J u n e 1905 : Seats, sec. 1.
Order of 29 Dec. 1936 : Crews of ships on the Rhine.
266
THE
Reference
LAW AND "WOMEN'S WORK
B.
General P r o v i s i o n s
No.
II.
W under 21 years of age :
After consulting the competent sections of t h e Councils of
Labour and Industry, t h e Superior Council of Public
Health and t h e Superior Council of Labour, t h e King
may:
(1) prohibit t h e employment "of W under 21 on work
beyond their strength, or dangerous work ;
(2) prohibit their employment on unhealthy work, or
authorise it only for a certain number of hours in t h e
day, or for a certain number of days, and on certain
conditions.
C.
(a)
VII.
V.
VI.
Unhealthy Work
EMPLOYMENT P R O H I B I T E D
W under 21 years of age :
As Recommendation No. 4 : 5, 6, 7 (a).
As France : 16, 25, 29, 32, 33, 36 (d), 40, 50 (p).
1. Mineral acids (p)
2. Alcohol (distillation).
3. Arsenic, products containing (p)
4. Copper, compounds of (p)
5. Ether (p)
6. Tar (distillation)
7. Hypochlorites (p)
8. Dried bones (sorting)
9. Petroleum (distillation)
10. Varnishes (p)
11. Patent leather (p)
ffi of all ages :
As Convention No. 13.
(b)
H Y G I E N E MEASURES
W of 16-21 years of age :
Hours of work limited (to 4 in the day) in t h e rubber industry
(treatment b y means of benzene, carbon disulphide, etc.).
D.
(a)
Heavy Work
CARRYING LOADS
W under 21 years of age :
Employment prohibited in the retting of hemp, flax and
similar textiles : heavy tasks such as
(a) loading and unloading bales ;
(b) transportation of flax in barrows.
(b)
III, I V .
W of all ages
As France.
(c)
I.
UNDERGROUND W O R K
OTHER HEAVY WORK
W under 21 years of age :
Prohibition : work in the holds of ships.
EMPLOYMENT ON DANGEROUS WORK
Reference
No.
VIII.
IX.
(¿)
HYGIENE
(a)
D a n g e r o u s Work
EMPLOYMENT
PROHIBITED
W under 21 years of age :
Cranes and other hoisting gear at docks :
1. manipulation
2 . signalling to engineman.
(b)
IV.
MEASURES
' '
W of all ages:
Provision in shops and accessory premises of a number of
seats equal to t h a t of the W employed therein, and
permission to use such seats if the work allows.
In order t h a t she may replace a ship's boy on a Rhine vessel
not exceeding a certain tonnage, a W must be not less
than 20 years old and have the necessary physical
qualifications.
E.
I.
267
SAFETY MEASURES
W of all ages:
,
Hair must be covered when the work is near machines in
movement or transmission gear (surface work at mines).
BELGIAN POSSESSIONS
A.
I.
II.
III.
IV.
List of R e g u l a t i o n s
Belgian Congo :
Decree of 23 July 1927 : Collection of
copal
—
Order of 18 J u n e 1930 : Industrial hygiene
and safety, contracts of employment
between natives and civilised employers, sec. 20.
Congo-Kasaï :
Order of 12 Aug. 1923 : Hygiene and
safety of negroes in the service of
. public or private undertakings, as
supplemented by Order of 13 Aug.
1926 sec. 51.
Eastern Province : Order of 20 Oct. 1927 : Industrial
hygiene and safety, etc. in public and
private industrial, commercial and
agricultural undertakings, sec. 56.
B . C. (a)
and (b)
D.
(a)
II.
III.
IV.
Belgian Congo
Congo-Kasaï
Eastern Province
Heavy Work
CARRYING LOADS
\
[ Employment as porters prohibited.
)
(b)
268
THE LAW AND WOMEN'S WORK
Reference
No.
II.
I.
(c)
O T H E R HEAVY WORK
Belgian Congo :
Employment as guides or paddlers
prohibited.
Employment
in digging for
copal
prohibited.
—
(d) E (a) and (b)
BOLIVIA
A.
I.
II.
List of R e g u l a t i o n s
Presidential Decree of 21 Sep. 1929 :
Protection of women and children, sees. 4.
Regulations for the administration of the Presidential
Decree of 21 Sep. 1929 (published in Mar. 1930), sees. 8,
16, 17, 19, 20.
B.
I.
The General Directorate of Public Health shall regulate the
employment of W in order to protect their health and
safety.
G.
(a)
II.
1
Unhealthy Work
EMPLOYMENT
PROHIBITED
As Recommendation No. 4 : 2, 7 (c) and (f) ;
As Argentina : II, 2, 4. 6, 12, 13, 14, 15, 17 ;
As Spain (but for W of all ages) : 14, 18, 20 (distillation, refining), 24 (a), 25 (d), (v), (bb), (cc) ; 30 ;
As France : 16, 30, 44, 50 (p), 53 (c).
1. Phenol (distillation)
2. Alcohol (fermentation and leavening)
3 . Benzene (distillation)
4. Pottery industry (grinding and sifting)
5. Creosote (distillation)
6. Guano yards
7. Metals (smelting in blast furnaces)
8. Precious metals (gold and silver) (polishing)
9. Bones (washing)
10. Bones (grinding) in manufacture of animal charcoal
11. Paraffin ( distillation)
12. Phosphorus, in matches (p)
13. Lead compounds (p)
14. Poisonous substances (u.), in paper and wallpaper manufacture
15. Gut (washing and preparation)
(b)
11.
General Provisions
HYGIENE
MEASURES
Adequate lighting of workrooms -1
There are a number of other measures prescribed for all-workers irrespective of sex.
EMPLOYMENT ON DANGEROUS W O R K
D.
Reference
No.
II.
(aI
269
Heavy Work
CARRYING LOADS
Prohibited, in industrial establishments :
(1) for W over 16 and under 20 years of age :l (a) to carry
weights of over 10 kg. ; (b) to draw or push loads of over
300 kg. (inclusive of the vehicle) in trucks running on
rails ;
(2) for W over 18 and under 20 years of age :l to draw or push
loads of over 50 kg. (inclusive of the vehicle) in 3wheeled or 4-wheeled carts.
(b)
UNDERGROUND W O R K
II.
Prohibited for W under age.
II.
Working of treadle machines and turning of horizontal wheels
prohibited.
(c)
OTHER H E A V Y W O R K
(d)
E.
(a)
II.
Dangerous Work
EMPLOYMENT PROHIBITED
As Argentina : I, 9 ; II, 1 ;
1. Machine belting attending to ;
2 . At cranes and winches (as enginemen or to signal to
engineman) ;
3 . Explosives (p).
(b)
BRAZIL
A.
List of R e g u l a t i o n s
Decree No. 21417 of 17 May 1932 : Employment of women
in industry and commerce, sees. 4, 5 and 6 and schedule.
B.
General P r o v i s i o n s
W
may not be employed in the scheduled dangerous and
unhealthy work ; exemption may be granted as in Argentina.
W employed in industry and commerce may not lift weights
in excess of the limit laid down in regulations.
C.
(a)
U n h e a l t h y Work
EMPLOYMENT PROHIBITED
As Argentina : I, 5 ; II, 6, 7, 8, 9, 13, 16.
As Spain (but for W of all ages) : 1,2,15, 18,19 (p).
As France : 1, 3, 7, 9, 10, 12, 13 (b), 15, 16, 21, 25, 33, 36 (c),
43, 46 (c), 50 (p, h), 50 (a), 53 (c).
1
Lower limits are fixed for girls under 16.
270
THE LAW AND WOMEN'S
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
WORK
Nitric acid.
Phosphoric acid (p, h).
Sulphuric acid (p, h).
Work with acids in dyeworks.
Acid fumes in cold storage chambers (ex).
Fumes of ammonia in cold storage chambers (ex).
Silver, salts of (p).
Wood (distillation, calcination).
Coal (distillation).
Limestone (calcination).
Chlorates (p).
Chloride of sulphur (in treatment of rubber).
Copper sulphate (p).
Solvents (in extraction of oils).
Ether (in treatment of rubber).
Tar (distillation).
Oils(p).
Mineral oils (distillation).
Hypochlorite (p).
Kerosene (distillation).
Mercury (h).
Ores (calcination).
Bones (calcination).
Benzene (in treatment of rubber).
Lead (h).
Resins (distillation).
Blood (drying, storage, manufacture of preparations
containing).
Shale (distillation).
Soda (p).
Sulphur (in treatment of rubber).
Tanning.
Varnish (p, h).
D. Heavy Work
(b)
(a)
CARRYING LOADS
See under B.
(b)
UNDERGROUND W O R K
Prohibited in general and in mines.
(c)
OTHER HEAVY WORK
Prohibition of :
work in quarries ; constructional work.
(d)
E.
(a)
D a n g e r o u s Work
EMPLOYMENT P R O H I B I T F D
As Spain (but for W of all ages) : 1, 2, 4.
Inflammable substances (p, h).
(b)
EMPLOYMENT ON DANGEROUS WORK
271
BULGARIA
Reference
A.
L i s t of R e g u l a t i o n s
No.
I.
II.
III.
IV.
V.
VI.
Act of 5 April 1917: Industrial health and safety, sees. 14, 15, 16.
Order No. 13599 of 20 Sep. 1932 : Use of lead, sec. 14.
Order No. 13600 of 20 Sep. 1932 : Use of white lead, sec. 3.
Act of 12 May 1933 : Occupations, sec. 16.
Decree of 22 Sep. 1934 : Female domestic servants in Sofia.
Order of 4 May 1935 : Undertakings in the building trade,
sec. 18.
B . General Provisions
I.
Royal Ukases, issued on the recommendation of the Minister of
Labour after consulting the Superior Labour Council, may
add other dangerous or unhealthy industries or processes to
the list of prohibited operations, or amend this list by
putting an end to the prohibition of specified operations
if the conditions of work and technical progress require
or permit this.
No employer may require an employed person to do work
unsuited to his or her sex or physical strength.
IV.
G.
(a)
III.
II.
Unhealthy Work
EMPLOYMENT P R O H I B I T E D
Compressed air (work in)
Alcohol (p)
Gut works
Cement (p)
Wool (washing, beating)
Bones and horn (first process)
Drugs (h)
As Convention No. 13.
Cf. table in Ch. I l l : " Maternity Protection ".
(b)
D.
(a)
I.
UNDERGROUND W O R K
Prohibited in mines, quarries, tunnels and in the construction of
canals.
(c)
I.
VI.
I.
CARRYING LOADS
Prohibited in all transport work (steamships, railways, t r a m ways, docks).
(b)
I.
Heavy Work
OTHER HEAVY WORK
Prohibited
Masons' work.
Building.
Quarries,
Mines (except light work at surface),
Foundries,
Ice (p, storage),
272
THE LAW AND WOMEN'S
WORK
Reference
No.
V.
Hydraulic work,
Heavy machines and vertical wheels actuated by the foot,
Mills.
Exhausting domestic tasks (men must be employed at these)
(Sofia).
(d)
E.
(a)
I.
.
.
D a n g e r o u s Work
EMPLOYMENT P R O H I B I T E D
As Spain (but for W of all ages) : 3, 4 (h).
As Italy (but for W of all ages) :E(b)2
(h), 5, 6, 7.
Roofing, in the building trade.
Corrosives (h).
(à)
CANADA
A.
I.
II.
III.
Alberta :
—
British Colum
IV.
—
V.
—
VI.
—
VII.
VIII.
IX.
X.
XI.
XII.
XIII.
Manitoba :
—
New Brunswii
—
Nova Scotia :
—
XIV.
Ontario :
XV.
XVI.
Quebec :
XVII.
—
ÍVIII.
List of Regulations
Factories Act, 1926, ch. 52, sees. 22, 32,
33.
Coal Mines Regulation Act, 1930,
ch. 25, sec. 7.
: Factories Act, 1936, ch. 92, sees. 2, 11,
12, 18.
Shops Regulation Act, 1936, ch. 261,
sec. 25.
Coal Mines Regulation Act, 1937,
ch. 49, sec. 2.
Metalliferous Mines Regulation Act,
1935, ch. 46. sees. 2 and 26.
Factories Act, 1913, ch. 70, sees. 12
and 19.
Shops Regulation Act, Revised Statutes,
1913, ch. 180, sec. 23.
Mines Act, 1930, ch. 27, sec. 7 (o).
Factories Act, Revised Statutes, 1927,
ch. 159, sees. 12 and 13.
Mines Acts Amendment Act, 1933,
ch. 23, sec. 127.
Factories Act, 1923, ch. 160, sees. 9, 16
and 21.
Children's Protection Act, 1923, ch. 166,
sec. 72.
Factories, Shops and O nice Buildings
Act, 1932, ch. 35, sees. 28, 36, 40,
52, 53.
Mining Act, 1930, ch. 8, sec. 154 (2).
Industrial Establishments Act, 1925,
ch. 182, amended by Act of 1934,
ch. 55, sec. 8.
Industrial Establishments Regulations
No. 103.
Industrial Establishments Regulations
No. 111.
EMPLOYMENT ON DANGEROUS
WORK
273
Reference
No.
XIX.
XX.
XXI.
X X I (a).
XXII.
—
Public Building Safety Act, Revised
Statutes, 1925, ch. 176, sees. 2
and 6 (5)
Mining Act, 1925, ch. 80, sec. 147.
Factories Act, 1930, ch. 220, sees. 9, 10,
11 and 15.
Mines Act, 1930, ch. 222, sec. 10.
Order in Council 1049/35 of 13 Sep. 1935
(metalliferous mines), sec. 8.
—
Saskatchewan :
—
—
General Provisions
III.
VII.
XII.
XXI.
XVI.
British Columbia
Manitoba
Nova Scotia
Saskatchewan
Quebec :
It is unlawful for a W t o be employed in
a factory in a way likely to injure
her health permanently.
The Lieutenant-Governor in Council
may prohibit entirely the employment of W in certain industrial
establishments or parts
thereof
which he may deem dangerous or
harmful t o their health.
G.
(a)
Unhealthy Work
EMPLOYMENT P R O H I B I T E D
Cf. B.
(b)
III.
VII.
XII.
XIV.
XXI.
H Y G I E N E MEASURES
British Columbia
Manitoba
Nova Scotia
Ontario
Saskatchewan
D.
The inspector m a y prohibit t h e taking
of meals in rooms in which manufacturing processes are being carried on.
Heavy Work
(a)
(b)
II.
XXII.
V,VI.
XI.
XX.
X X I (a).
XV.
IX.
UNDERGROUND W O R K PROHIBITED
Alberta :
Saskatchewan :
British Columbia
New Brunswick
Quebec
Saskatchewan
Ontario :
Manitoba :
In coal mines.
In metalliferous mines
technical capacity).
(except in a
In all mines.
In all mines (except in a technical
capacity).
The Lieutenant-Governor in Council
may make regulations with respect
to the sex of the persons who may
be employed in or about mines
(other than coal mines).
274
THE LAW AND WOMEN'S WORK
Reference
No.
II.
(c)
(c)
OTHER HEAVY WORK
Alberta :
X X I [.
Saskatchewan :
XI.
XX.
V, V I .
New Brunswick
Quebec
British Columbia
XV.
IX.
Ontario :
Manitoba :
(d)
Surface work at mines is prohibited in:
Coal mines (except in a clerical or
domestic capacity).
Metalliferous mines (except in a technical, clerical or domestic capacity).
All mines.
All mines (except in a clerical or domestic capacity).
All mines (except in a technical, clerical
or domestic capacity).
Cf. D (b).
H Y G I E N E MEASURES
Seats must be provided :
I.
IV.
VIII.
X.
XIII.
XIV.
XIX.
Alberta
British Columbia
Manitoba
New Brunswick
Nova Scotia
Ontario
Quebec :
I.
Alberta :
XIV.
Ontario :
E.
(a)
XVIII.
EMPLOYMENT P R O H I B I T E D
British Columbia
Manitoba
New Brunswick
Nova Scotia
Ontario
Saskatchewan :
Quebec:
(b)
I.
XIV.
KVII.
XXI.
In shops where at least ten workers are
employed (a sufficient number to
allow them to be seated when the
nature of their work so requires).
Seats may be required in factories for
work which can be performed sitting.
Id. (in factories and offices)
D a n g e r o u s Work
New Brunswick :
III.
VII.
X.
XII.
XIV.
XXI.
In shops (a seat for each woman, with
unrestricted freedom t o use it when
not occupied with her work)
Alberta
Ontario
Quebec
Saskatchewan
Machinery in motion (work between
the fixed and traversing parts of
machines while in motion).
Mill gearing in motion (cleaning).
Mill gearing and power machinery in
motion (cleaning).
Any operation connected with belting
or other modes of power transmission.
SAFETY MEASURES
W must wear their hair closely secured
to their heads or confined in a cap
or net.
EMPLOYMENT ON DANGEROUS
WORK
275
CHILE
Reference
A . List of R e g u l a t i o n s
D
No.
I.
II.
Decree No. 217 of 30 April 1926 : Industrial hygiene and
safety, sees. 12, 13, 42, 73.
Labour Code of 13 May 1931, sec. 49.
B.
II.
General Provisions
W may not be employed on work exceeding their strength
or dangerous to their health.
G.
(a)
I.
U n h e a l t h y Work
EMPLOYMENT PROHIBITED
As
As
As
As
As
Recommendation No. 4 : 2, 7 (a) and (c), 11.
Argentina : I, 5 ; II, 3.
Bolivia : II, 4, 5, 11.
Brazil : 21, 25.
Spain (but for W of all ages) : 1, 16, 20 (distillation),
24 (a), 25 (d), (h), (I), (o), (aa), (bb), (cc), 30, 3 1 .
As France : I, 5-7, 9, 10, 12, 13 (c)-(f), 14, 19, 25, 29, 32,
36 (a) and (b), 38, 46 (a) and (c), 47 (a)-(c) and (e),
50 (b), 53 (c) and (d).
Acids, in cold storage industry.
Acids in general (u).
Acids and fumes (ex), in guano manufacture.
Rubber (treatment, etc.).
Chlorine, derivatives of (p).
Copper (smelting).
Noxious emanations (ex).
Chemical emanations (ex).
Chemical fertilisers (p).
Tin (smelting).
Iron (smelting).
Gas (p).
Fats (p).
Mosaic (p).
Lead (p).
Dust arising during work on :
(a) wood (sawing and polishing)
(b) textiles.
Sodium sulphide (p).
Turpentine (distillation).
Toxic substances in paper manufacture.
Canvas (washing and preparation of raw materials).
Glassworks (blowing).
(b)
D.
Heavy Work
(a)
(b)
II.
UNDERGROUND W O R K
Prohibited in mines.
276
THE LAW AND WOMEN'S
Reference
No.
II.
(c)
OTHER HEAVY WORK
'
Surface work at mines prohibited (sp. op.).
E.
(a)
I.
II.
WORK
As
As
As
As
(d)
D a n g e r o u s Work
EMPLOYMENT PROHIBITED
France.
Bolivia : II, 2.
Argentina : I, 9.
Spain (but for W of all ages) : I, 2, 4.
(b)
CHINA
A.
I.
II.
III.
List of Regulations
Amended (Consolidated) Factory Act, 30 Dec. 1932, sec. 7.
Amended (Consolidated) Regulations for the Administration
of the Factory Act, dated 30 Dec. 1932 ; sec. 18.
Mines Act of 12 June 1936.
B.
I.
General Provisions
Employment on work dangerous t o health is prohibited.
C.
(a)
I.
EMPLOYMENT PROHIBITED
Molten metal and mineral residues (h).
Dust or noxious fumes (ex).
Poisonous substances (h).
(b)
II.
Unhealthy Work
H Y G I E N E MEASURES
Employment of all female workers (as well as t h a t of
children and male workers over 50 years of age) to be
made subject to medical examination.
D.
Heavy Work
(a)
(b)
III.
Prohibited in mines.
(c)
I.
UNDERGROUND W O R K
OTHER HEAVY WORK
Stoking boilers prohibited.
EMPLOYMENT ON DANGEROUS WORK
Reference
No.
Cf.
(d)
HYGIENE MEASURES
E.
Dangerous Work
C(b).
(a)
I.
277
EMPLOYMENT
PROHIBITED
Explosive and inflammable substances (h).
High-tension electric conductors (manipulation).
Machines in motion, dangerous parts of transmission
machinery (cleaning, oiling, inspection).
Belts and ropes (placing, removing, repair).
(b)
CUBA
A.
I.
II.
III.
List- of Regulations
Legislative Decree No. 598 of 16 Oct. 1934 : Employment of
Women in industry, sees. VII, X I I I , XIV and X V I I I .
Legislative Decree No. 215 of 16 May 1934 : White lead,
sec. IV.
Decree No. 1024 of 27 Mar. 1937 : Employment of Women,
sees. 5 and 14-16.
B.
I, I I I .
General P r o v i s i o n s
At the beginning of each year, the Minister of Labour is required
to issue a list of dangerous and unhealthy occupations
prohibited to W, based on one drawn up, in the light of
scientific progress, 1by the Directorate-General of Hygiene
and Social Welfare.
The Directorate-General may propose
an amendment of the list if it is shown t h a t the risk on
account of which a given trade was included in the list no
longer arises.
C.
(a)
I.
II.
Unhealthy Work
EMPLOYMENT
PROHIBITED
As Recommendation No. 4 : 2, 3, 4, 5, 6, 7 (a), (b), (c), (g), (h),
9, 10 fa), 11.
As Argentina : I, 1-16.
Arsenic (h).
Mercury (h).
White phosphorus (h).
Lead compounds, lead protoxide (p).
As Convention No. 13. (Except. : for M and W, artistic
painting and fine lining; for M, various other exceptions).
Cf. also, table in Ch. I l l : " Maternity Protection ".
1
As Argentina, Note 1. The employer, if responsible, must pay, irrespective of the
insurance, a supplementary sum equal to 50 per cent, of the compensation to which the
woman is entitled.
278
THE LAW AND WOMEN'S
Reference
I,III.
(0)
WORK
H Y G I E N E MEASURES
Industrial or commercial employment :
1. Certificate of fitness for the work (issued free of charge
by a medical officer) ;
2 . Annual medical examination of employed W ;
3 . Medical examination whenever employment is altered.
D.
(a)
Heavy Work
CARRYING LOADS
I.
Lifting and moving weights prohibited.
I.
Prohibited.
(b)
UNDERGROUND W O R K
(c)
OTHER HEAVY WORK
Cf. table in Ch. I l l : " Maternity Protection ".
(d)
E.
(a)
I.
As Argeniina
D a n g e r o u s Work
EMPLOYMENT P R O H I B I T E D
: I, 3-9.
(b)
CZECHO-SLOVAKIA
A.
List of Regulations
I.
II.
III.
Act of 19 Dec. 1918 : 8-hour day, sec. 11.
Act of 12 J u n e 1924 : Painting, sec. 3.
Order of 20 Dec. 1935 : Glass industry, sees. 1 and 2.
IV.
Bohemia,
Moravia,
Silesia :
Former Austrian Industrial Code, sec. 94.
V . Id.
Order of 23 Aug. 1911 : Printing, lithography, typefounding, sees. 6, 7.
V I . Slovakia,
Carpathian
Order of 26 May 1925, as amended b y Order of 25 June
Ruthenia :
1926: Printing, lithography, type-founding, sees. 6, 7.
Cf. also table in Ch. I l l : " Maternity Protection ".
B . General Provisions
IV.
Bohemia,
Moravia,
Silesia :
As Austria.
I I I . The Ministry of Social Welfare, in agreement with the Ministries
of Industry and Commerce and of Public Health, may issue
an Order providing t h a t special authorisation shall be
required for the employment of W at certain particularly
•unhealthy operations in the glass industry (polishing with
acids, cutting., etc.).
EMPLOYMENT ON DANGEROUS WORK
G.
Reference
No.
fa)
279
U n h e a l t h y Work
EMPLOYMENT PROHIBITED
II.
Lead compounds : white lead and other pigments and putties
(painting).
V. Bohemia, \
Moravia
J
Silesia :
f Lead, in the printing industry (sp. op. according to age of
VI. Slovakia,}
W employed).
Carpathian
\
Rulhenia
J
(b)
D.
Heavy Work
(a)
(b)
UNDERGROUND W O R K
Prohibited in mines.
(c)
OTHER HEAVY WORK
Cf. table in Ch. I l l : " Maternity Protection ".
(d)
E.
D a n g e r o u s Work
(a)
(b)
SAFETY MEASURES
V. Bohemia, \
Moravia
1
Silesia
I
> As Austria.
V I . Slovakia, \
Carpathian
]
Rulhenia
I
DENMARK
A.
List of R e g u l a t i o n s
Factories Act of 29 April 1913, sees. 16, 23.
B.
General Provisions
The Factory Inspectorate may notify the Labour Council of
certain operations, either particularly tiring or unhealthy
or of such a character that the carelessness of one worker
may endanger all the others, in which the employment of
W workers may be prohibited. Any person considering
himself unfairly affected by such a decision may appeal to
the Ministry of the Interior.
C. (a),
(b);
D. (a)., (b),
(c), (d)
280
THE LAW AND WOMEN'S WORK
E.
Dangerous Work
(a)
SAFETY M E A S U R E S 1
(b)
W must wear clothes manifestly not involving more risk than
those worn by M, and their hair may not be worn loose
in the following work :
Driving belts, ropes, etc. (setting in motion of)
Dangerous machines (operation)
Machinery and transmission gear in motion (maintenance).
DOMINICAN REPUBLIC
A.
List of R e g u l a t i o n s
Act. No. 929 of 21 June 1935 : Hours of work, sec. 8.
B., C. (a) (b)
D.
Heavy Work
(a), (b), (c)
(d)
HYGIENE
MEASURES
Seats must be provided in commercial and industrial establishments employing W.
E.
(a),
(b)
ECUADOR
A.
List of R e g u l a t i o n s
Labour C o d e : 5 Dec. 1938, sees. 87 and 88.
B.
As Argentina
General P r o v i s i o n s
: I.!
C.
(a)
U n h e a l t h y Work
EMPLOYMENT
PROHIBITED
As Argentina : I.
(b)
1
Employment prohibited in case of contravention.
* As Argentina, Note 1.
EMPLOYMENT ON DANGEROUS WORK
D.
281
Heavy Work
(a)
(b)
UNDERGROUND W O R K
(c)
OTHER HEAVY WORK
Prohibited.
As Argentina : I, 1-3.
E.
(a)
D a n g e r o u s Work
EMPLOYMENT PROHIBITED
As Argentina : I, 1-3, 5-9.
(b)
EGYPT
Reference
A.
List of R e g u l a t i o n s
&
No.
I.
II.
Act. No. 80 of 10 July 1933 : Employment of women in
industry and commerce, sees. 10 and 11.
Ministerial Order of 25 Feb. 1937 : Employment of women
in the manufacture of animal charcoal.
B.
I.
General Provisions
1.
The list of prohibited operations may be altered by Order
of the Minister of the Interior, issued on the recommendation of the Labour Office.
2 . W may not be employed in carrying, drawing or pushing
loads in excess of the limits specified by the Minister
of the Interior, after consultation with the competent
public health authorities.
C.
(a)
I.
II.
U n h e a l t h y Work
EMPLOYMENT PROHIBITED
As Recommendation No. 4 : 1, 3, 4, 5, 6. 7 (a)-(h). 9, 10 (a)-(c) :
As France : 17, 33, 36 (c).
Alcohol, bouza, etc. (p).
Asphalt (p).
Rubber (p).
Spray painting with " duco ".
Mineral products (work at furnaces for smelting, refining or
roasting).
Autogenous welding.
Tanneries.
Glass (melting and annealing).
Animal charcoal (p).
See also B : I, 1.
(b)
282
THE LAW AND WOMEN'S
Reference
No.
D.
(a)
WORK
Heavy Work
CARRYING LOADS
See B : I, 2.
(b)
I.
UNDERGROUND W O R K
Prohibited in mines and quarries.
(c)
OTHER HEAVY WORK
Prohibited : extraction of stones.
(d)
E.
(a)
I.
D a n g e r o u s Work
EMPLOYMENT PROHIBITED
Power machinery (operating, watching).
Machinery in motion (repairing or cleaning).
Explosives (p, h).
(b)
ESTONIA
A.
List of R e g u l a t i o n s
Act of 20 May 1924 : Employment of children, young persons
and women in industrial undertakings, sees. 4 , 6 , 8 , 9 and 11.
Act of 25 May 1928 : Use of white lead in painting, sec. 4.
Order of 19 Oct. 1935 : Work in compressed air : prevention
of accidents, sec. 90.
B.
I.
General P r o v i s i o n s
The Minister of Labour has power to draw up, in agreement
with the other Ministers concerned, a list of unhealthy and
trying occupations in which W may not be employed.
G.
(a)
U n h e a l t h y Work
EMPLOYMENT PROHIBITED
As Recommendation No. 4 : 2, 7 (a) and (f).
As Spain (but for W of all ages) : 25 (a), (d), (e), (pj,
(v) ; 31.
As France : 12 ; 13 (a) and (b) ; 35 (p) ; 36 (c) ; 47 (d).
As Convention No. 13.
Acids (p).
Compressed air (work in).
Alcohol (distillation, cleaning of charcoal).
Matches (p).
Silvering (by heat or electroplating).
Bleaching of linen, flax, woollen cloth, cotton piece goods,
cotton yarn, rags (paper).
EMPLOYMENT ON DANGEROUS WORK
283
Rubber (grinding, melting, vulcanising, varnishing, drying).
Pottery (preparation of clay, throwing, polishing, glazing,
firing).
Rags (cleaning, sorting) in paper mills.
Dry colours (grinding, mixing) in wallpaper works.
Dyes, in printing and dyeing chintz (sp. op.).
Leather and parchment (p) (except in removal of wool, cleaning
and preparation of skins for sale).
Patent leather (p) (except preparation for sale).
Scouring piece goods.
Gilding (by heat or electroplating).
Felt (p).
Brass (p, casting).
Metals (rolling, stamping, grinding).
Precious metals (working up waste).
Mordants (p) in printing and dyeing chintz.
Printing industry (printing, lithography and zincography).
Bones (calcination, grinding).
Paper (rag tearing, cutting, boiling, breaking in hollander).
Petroleum (p).
Lead compounds (smelting).
Acetate of lead (p).
Salts (p).
Tobacco (p).
Turpentine (p).
Textile industry (breaking hemp ; in woollen cloth works, at
the fulling, raising and shearing machines ; manufacture
of felt ; in spinning mills, at machines for breaking, roughing
and heckling flax, hemp, wool, etc. ; making of shoddy and
rags into textiles ; brushing and cutting plush; gassing cotton
piece goods ; working up bristles, horsehair, other hair,
feathers, down, wrack and bast).
Waterproof cloth (p).
Lacquer and varnish (p) (except certain packing and similar
work).
Glass works (preparation of batches, blowing, etching, annealing, etc.).
(b)
D.
• (a)
Heavy Work
CARRYING
LOADS
Cf. table in Ch. I l l " Maternity Protection ",
Reference
No.
I.
/ft ) U N D E R G R O U N D W O R K
' '
Prohibited in mines.
(c)
OTHER HEAVY
WORK
Employment prohibited in :
Corn-mills, bakeries, confectioners' establishments (except
putting bread on shelves and delivering it).
Sugar works (cleansing beets and filter cloths ; dealing with
residue from filter press ; running off sugar ).
(d)
284
THE LAW AND WOMEN'S WORK
Reference
E.
D a n g e r o u s Work
No.
(a)
I.
EMPLOYMENT PROHIBITED
Explosives (p).
Belts, ropes, chains (placing).
Steam-hammer forging, in metal-working.
Circular saws ((work at), in woodworking.
Band saws (work at), in woodworking.
Transmission gear (employment at, repair).
Power machines (melting and cutting metals by means of).
(b)
FINLAND
A.
I.
II.
III.
List of R e g u l a t i o n s
Act of 1 Mar. 1929 : Use of white lead and sulphate of lead
in painting, sec. 3.
Act of 28 Mar. 1930 : Prohibition of employment of women
in loading and unloading work, sees. 1, 2 and 3.
Act of 4 June 1937 : Prohibition of employment of women
in mine work.
B.
General Provisions
G.
(a)
Unhealthy Work
EMPLOYMENT P R O H I B I T E D
As Convention No. 13.
(b)
D.
(a)
II.
•
Heavy Work
CARRYING LOADS
W under 21 years of age may not be employed in loading
or unloading vessels which ply between Finnish and
foreign ports, or vessels in ports Specified by the Ministry
of Social Affairs, except vessels in which only members
of the master's family are employed.
(b)
III.
—
UNDERGROUND W O R K
As Convention No. 45 (exceptions).
(c),
(d), E.
(a), (b)
FRANCE
A.
I.
List of R e g u l a t i o n s
Labour Code, Bk. II, sees. 55, 72, 73, 76, 113 (sec. 72 as
amended by Act of 7 Dec. 1926).
EMPLOYMENT ON DANGEROUS WORK
285
Reference
No.
II.
III.
IV.
Decree of 28 Dec. 1909 : Limitation of loads, supplemented
by Decree of 26 Oct. 1912.
Decree of 21 June 1913 : Stalls outside shops.
Decree of 21 Mar. 1914 : Prohibited work, as amended by
Decrees of 24 Sep. 1926 and 8 Aug. 1930.
B.
I.
General P r o v i s i o n s
The following will be determined by administrative regulations, issued after consultation with the Superior Labour
Council :
1. The operations which W employed in industrial,
commercial and other establishments may not
perform, as being dangerous or in excess of their
strength ;
2 . The special conditions under which W may be employed in unhealthy or dangerous industrial
establishments.
C.
(a)
Unhealthy Work
EMPLOYMENT PROHIBITED
As Recommendation
No. 4 : P-6 1 ; 7 (a^-fd)1,
(f)1, (h)1 ;
8^10 (a)1, ^ftj1 ; l l11 ; 121.
As Convention No. 13 .
1. Arsenic acid (p) 1
2 . Arsenious acid, in arsenic acid (p) 1
3 . Hydrochloric acid (p)2
4. Hydrochloric acid fumes, in treatment of rags
5. Hydrofluoric acid (p) 1
6. Nitric acid : (a) (p) 1
(b) in arsenic acid (p) 1
(c) in murexide 1
7. Oxalic acid (p) 1
8. Phenol, in salicylic acid (p)
9. Picric acid (p) 1
10. Salicylic acid (p) 1
11. Sulphurous acid : (a) in bleaching 2
(b) in refrigeration 2
2
12. Sulphuric acid (p)
13. Acids given off during :x
(a) refining of silver
(b)
„ .,, gold
(c) silvering
(d) separation of iron from gangue
(e) gilding
(f) damp cleaning of wool and cloth
(g) galvanising of iron
14. Aniline (p) 1
15.
,,
dyes (p) 1
16. Flesh and animal detritus, depots of1
17. Knacking 1
1
Access to premises used for these operations is prohibited. 1
18.in workshops
Extraction
of fumes
animal
and
• Employment
where
areoils
given
oil fats
or acids are manipulated is
prohibited.
19. Arsenic sulphide (p) 1
20. Arsenate (p) 1
IV.
286
THE LAW AND WOMEN'S WORK
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
Benzene fumes, in rubber (p)
Benzene, derivatives of (p) 1
Gut works (blowing)
Lime, chloride of (p) 1
Chlorine (p) 1
,,
in bleaching 2
Alkaline chlorides (p) 1
Chloride of sulphur (p) 1
Chromates (p) 1
Copper, separation from gangue 2
Copper ores, treatment of 1
Cyanides (p) 1
Fertilisers, animal (depots, factories) 1
Noxious gases given off during sodium, sulphide (p) 1
Hydrocarbons, in p. of sinapisms 2
Mercury poisoning, risk of, in
(a) silvering 2
(b) gilding 2
(c) tinning 1
(d) carrotting 1
37. Mercurv, fulminate of (p) 1
38.
„
sulphate of (p) 1
39. Nitrate of methyl (p) 1
40. Nitrobenzene (p) 1
41.
,,
dyes(p)1
42. Skins, plucking of, in leather-dressing
4 3 . Phosphorus (p) 1
4 4 . Lead, rolling 1
45.
,, c o m p o u n d s :
(a) white lead, in lace-bleaching 1
(b)
„
,, paint (removal by scraping or
abrasion) 1
(c) chloride of lead (smelting) 1
(d) lead sulphate paint (removal by scraping, etc.) 1
46. Lead poisoning, risk of, in
(a) Chromolithography 1
(b) Flint-glassworks 1
(c) Enamelling 1
(d) Glass (decoration of, by etching) 1
47. Dusts given off during sp. op. in connection with
(a) rags 1
(b) flint glass 1
(c) metals 1
(d) abrasive wheels 1
(e) millstone grit 1
(f) glassworks 1
4 8 . Sodium salt (p)49. Sodium sulphate (p) 2
50. Carbon bisulphide (a) in the rubber industry 2
(b) in sp. ind. 2
5 1 . Sulphurous ores (roasting) 1
52. Superphosphates (p) 2
5 3 . Poisonous substances arising during work 1 in con1
Access to premises used for these operations is prohibited.
nection
* Employment in workshops
wherewith
fumes are given olt or acids are manipulated is
(a) Flint-glass works
prohibited.
• (b) Mirrors, manufacture of
(c) Dyeing
E M P L O Y M E N T ON D A N G E R O U S W O R K
287
Reference
No.
54.
(d) Printed cotton goods
(e) Varnished metals and metal plates
(f) Glassworks
Noxious fumes in p. 1 of
(a) rouge (English red)
(b) Prussian red.
(b)
IV.
1.
2.
3.
HYGIENE
Dust must be removed by exhaust in manufacture of
glass, mirrors and flint glass.
Water must be run off in flax spinning.
Noxious gases must be removed in singeing and
gassing cloth.
D.
(a)
II.
OTHER HEAVY
WORK
WORK
Prohibited : employment at stalls outside shops after
8 p.m. or when the temperature is below
freezing point.
HYGIENE
MEASURES
In shops and accessory premises, as many seats must be
provided as there are W employed.
E.
(a)
IV.
LOADS
Prohibited in mines, mine workings and quarries.
(d)
I.
CARRYING
UNDERGROUND
(c)
III.
Heavy Work
The following are prohibited, in industry and commerce,
whether inside or outside the establishment :
For W of 18 years or over :"1. Carrying over 25 kg.
2 . Conveying (weight of vehicle included) :
(a) Over 600 kg. by trucks running on rails.
(b) Over 40 kg. by wheelbarrows.
(c) Over 130 kg. by hand carts with two wheels.
For W of 16 years or over :"•
3 . Conveying over 60 kg. on vehicles with three or four
wheels (weight of vehicle included) ;
For W irrespective of age :
4 . Conveying loads.
(a) On pedal tricycle carriers.
(b) On hand trucks.
(c) On barrows.
(b)
I.
MEASURES2
D a n g e r o u s Work
EMPLOYMENT
PROHIBITED
Machinery and gear in motion (maintenance).
1
Access t o premises used for these operations is prohibited.
• Employment prohibited in case of contravention.
288
THE LAW AND WOMEN'S WORK
Reference
No.
IV.
(b)
SAFETY M E A S U R E S 1
The dangerous parts of machines must be fenced.
FRENCH POSSESSIONS
and
TERRITORIES UNDER FRENCH MANDATE
A.
I.
List of R e g u l a t i o n s
Algeria :
II.
III.
IV.
V.
VI.
—
VII.
—
/III.
IX.
1
Morocco :
Tunisia :
French West Africa :
I X (a).
P.W.A.
(Dakar) :
IX (b).
F,W.A.
(Senegal) :
I X (c).
F.W.A.
(Sudan) :
Lower limits are fixed for younger women.
Labour Code, Book II (rendered
operative by Decree of 15 J a n .
1921), sees. 55, 72, 73, 76 ;
Act of 7 Dec. 1926 to amend
sec. 72 (rendered operative by
Decree of 23 Oct. 1933).
Decrees of 28 Dec. 1909 and 26 Oct.
1912 : Limitation of loads
(rendered operative by Decrees
of 20 J u l y 1911 and 18 April
1913).
Decree of 21 J u n e 1913 : Stalls
outside shops (rendered operative by Decree of 14 Feb. 1921).
Decree of 21 Mar. 1914 : Prohibited
work (rendered operative b y
Decree of 14 Feb. 1921), as
amended by Decrees of 24 Sep.
1926 and 8 Aug. 1930 (rendered
operative by Decrees of 23
Oct. 1933).
Dahir of 13 July 1926 : Employment in industry and commerce,
sees. 20, 29, 30.
Vizirial Order of 25 Dec. 1926 :
Limitation of loads.
Vizirial Order of 21 J a n . 1927 :
Prohibited work.
Decree'of 15 J u n e 1910 : Employment in industry and commerce,
sees. 12, 15, 19.
Decree of 18 Sep. 1936 : Protection
of children and women (promulgated by Order of 30 Oct.
1936), sees. 36 and 38 (applies
to European and assimilated W
and to Native women parties
to contracts of employment).
Order No. 4822 of 13 Mar. 1937 :
Employment of women and
children.
Order No. 1087, A.E., of 22 April
1937, to apply Decree of 18
Sep. 1936 : Dangerous and
unhealthy work.
Order of 7 July 1937 : Employment
of women and children.
EMPLOYMENT ON DANGEROUS WORK
289
Reference
No.
Decree of 7 Sep. 1913 to determine
the conditions of application
of Book II of the Labour Code ;
sees. 25, 26-28, 30.
Decree of 7 Feb. 1924 to determine
X I . Guiana
the conditions of application of
Book II of the Labour Code;
sees. 15, 26-28, 30.
X I I . French
Eslablishmenis Decree of 6 April 1937 : Conditions
of employment, sec. 42.
in India :
X I I I . Indo-China :
Decree of 25 Oct. 1927 : Protection
of Native labour, sec. 83.
XIV.
—
Decree of 19 Jan. 1933 : Employment of Natives and assimilated
Asiatics (promulgated by Order
of 15 Aug. 1936), sees. 14,24, 25.
XV.
Decree of 30 Dec. 1936 : Employ—
ment of Natives and assimilated
persons, sees. 88, 99.
XVI.
Decree of 24 Feb. 1937 : Employ—
ment of Europeans and assimilated persons, sees. 78, 88.
X V I (a).
Order of 22 May 1937 to administer
—
the two preceding Decrees :
Dangerous and unhealthy work.
X V I I . Madagascar :
Decree of 7 Apr. 1938 : Native
labour, sec. 16.
X V I I I . Martinique :
Decree of 12 Feb. 1913 to determine the conditions of application of Book II of the Labour
Code; sees. 25, 26-28. 30.
—
XIX.
Order of 20 June 1927 : Limitation
of loads.
XX.
—
Order of 20 June 1927 : Prohibited
work, sees. 1, 2, 11, 13.
X X I . New Caledonia :
Decree of 5 Oct. 1927 to determine
the conditions of application of
Book II of the Labour ¡Code;
sees. 15, 25, 26, 29.
Decree of 24 Dec. 1935 : ImmiXXII.
—
gration, sec. 81 (applies to
immigrant Native women and
women of French or foreign
nationality who enter the
country on the basis of a permit
or a contract of employment).
XXIII. French Establishments Standard contract for emigrant
in Oceania :
workers in the Pacific colonies,
sec. 8 (applies to immigrant
women employed in industry,
mining and agriculture).
Order of 24 Mar. 1924 : CondiXXIV.
tions of engagement of industrial and agricultural workers
other than those subject to
the immigration regulations,
sec. 17.
Decree of 22 May 1916 to deterXXV. Réunion :
mine the conditions of application of Book II of the Labour
Code; sees. 25, 26, 28, 31.
X.
Guadeloupe :
19
290
THE LAW AND WOMEN'S WORK
Reference
No.
XXVI.
XXVII.
XXVIII.
XXIX.
XXX.
French Somaliland :
—
Territories under French
Mandale :
Act of 17 April 1935 : Employment
Lebanon :
of Women, sec. 16.
Syria :
Decree of 14 J u n e 1936: Employment of women and children,
sec. 16.
B.
I.
V.
VIII.
IX.
X.
XI.
XIV.
XV,
XVI.
XVIII.
XXI.
XXV.
XII.
X.
XVIII.
XXV.
XIII.
XXIV.
XXII.
XXIII.
XXVII.
General P r o v i s i o n s
Algeria
Morocco
Tunisia
French West Africa
Guadeloupe
Guiana
Indo-China
-
Martinique
New Caledonia
Réunion
\
,
\ Similar to France • I, 1, 2.
i
1
French
Establishments
in India :
Similar t o France : I, 1.
Industrial undertakings employing
W must fulfil all the conditions
Guadeloupe
in respect of safety and hygiene
Martinique
<
necessary to t h e health of the
Réunion
staff.
Prohibition of employment of W
Indo-China
on
work exceeding
their
Establishments in
strength.
Oceania
W may only be employed on
New Caledonia
work suited t o their sex and
Establishments in
physical strength.
Oceania
i
French Somaliland : ¡ Coffee-sorting workshops in the
town of J i b u t i are subject t o
the regulations in force in
respect of offensive trades.
G.
(a)
I.
VII.
Order of 16 Dec. 1924 : Industrial
hygiene and safety, sees. 21, 22,
30, 32.
Order of 7 Mar. 1929 : Employment
of women coffee sorters in t h e
town of Jibuti, sees. 3-6.
Decree of 22 May 1936 : Native
labour.
—
Algeria :
Morocco :
U n h e a l t h y Work
EMPLOYMENT P R O H I B I T E D
As France : C (a).
As Recommendation No. 4 : 2, 7 (a),
(c), (d), (f).
EMPLOYMENT ON DANGEROUS WORK
Reference
No.
XX.
Martinique
XXV.
Réunion :
As France : 4, 11, 12, 13 (d), 16,
17, 18, 21, 23, 27, 30, 31, 33,
36 (a), (b), (c), 42, 44, 47 (a),
(d), (e), 50 (a), (b), 51, 53 fc).
Copper ore (treatment)
Lead ore
,,
Zinc ore
,,
AB Recommendation No. 4 : 10 (a).
As France: 4, 13 (c), (e); 15, 16,
17, 23, 33, 36 (a), (b), (c) ;
41, 42, 51, 53
(a)-(c).
Alcohol (distillation).
Chemical fertilisers (depots).
As France : 11, 16, 33, 36 (c),
47 (a), 53 (c).
Tanneries.
H a n d picking of kapok, handshelling of ground-nuts in
closed premises.
As Recommendation No. 4 : 1,3, 4,
5,6,7 (a)-(h),9,10
(a),(b),
(c).
As France : 17, 33, 36 (c).
Asphalt (p).
Autogenous welding.
As France : 31, 36 (c), 44, 45 (a),
46 (d), 51, 53 (f).
:
ix re;. French Sudan
XXIX.
XXX.
Wlfa).
Lebanon
Syria
Indo-China :
(b)
X.
XVIII.
XXV.
XXVII.
XVI fa; .
IX fa;.
I X (b).
IX (c).
H Y G I E N E MEASURES
Guadeloupe
Martinique
Reunion
French Somaliland :
Indo-China
291
:
F.W.A. (Dakar)
F.W.A. (Senegal)
F.W.A. (Sudan)
Industrial undertakings employing
W must be clean and properly
lit and ventilated (cf. also
B X, X V I I I , X X V ) .
1. Before sorting, coffee must be
freed of dust either outside
the town, in open premises
fully exposed to the wind, or
inside the town if dust removal by exhaust is provided for.
2 . Coffee sorting must be carried
on in places sheltered from
the sun and ventilated ; it is
prohibited in verandahs giving
on streets.
3 . Premises must be examined
by a special committee, which
prescribes hygiene conditions
and the number of W workers
who may be employed.
Specified conditions laid down for
employment on certain work.
Preliminary authorisation is required for employment in
unhealthy and dangerous undertakings, so t h a t protective
measures can be taken.
292
THE LAW AND WOMEN'S WORK
Reference
No.
D.
(a)
II.
VI.
Heavy Work
CARRYING LOADS
Algeria :
Morocco :
XIX.
Martinique:
IX.
French West
Africa
XVII.
IX (a).
I X (b).
Madagascar:
F.W.A. (Dakar)
F.W.A. (Senegal)
XXVIII.
French Somaliland
(b)
I.
XI.
XXI.
V.
VIII.
XXIX.
XIV.
X V , XVI .
IX.
1
UNDERGROUND W O R K
Algeria
Guiana
New Caledonia
Morocco
Tunisia
Lebanon
Indo-China
Indo-China :
French West Africa :
(c)
III.
IX.
:
Algeria :
French West
As France.
W of 18 years or over1 : As France :
I I 1,2 (a).
W of 16 years or over1 : As France :
I I 2 (b), (c), 3.
W irrespective of age : As France :
II 4
(a)-(c).
(Cf. also table in
Ch. I l l : " Maternity Protection ".)
As France: I I 1 1 ; 2 (a), (b),
(c).
(Cf. 4 (a). Also table in Ch. I l l :
" Maternity Protection ".)
(Cf. table in Ch. I l l : " Maternity
Protection ".)
Native W employed in industrial,
commercial and agricultural
undertakings may not carry,
drag or push weights exceeding
20 kg.
D i t t o (for Native W parties t o
contracts of employment).
\
! As France : I. 2
)
\
! Prohibited in mines and quarries.
)
Prohibited.
Cf. table in Ch. I l l : " Maternity
Protection ".
OTHER HEAVY WORK
Africa
XXIX.
Lebanon :
XXX.
IX (a).
I X (b).
IX (c).
Syria:
F.W.A. (Dakar) :
F.W.A. (Senegal)
F.W.A. (Sudan)
As France : I I I .
Cf. table in Ch. I l l : " M a t e r n i t y
Protection ".
Prohibited : Extraction of stones.
Work at furnaces for melting,
refining and annealing minerals.
Melting and annealing glass.
Ditto. Work in mines and quarries.
Prohibited : Work in quarries.
Ditto ; sinking and repairing wells.
Lower limits are fixed for younger women.
* Extended to Martinique, Guadeloupe and Réunion by Decree of 2 March 1939.
EMPLOYMENT ON DANGEROUS WORK
Reference
No.
[.
V.
VIII.
IX.
X.
XI.
XIV.
XVIII.
XXI.
XXV.
(d)
HYGIENE MEASURES
Algeria
Morocco
Tunisia
French West Africa1
Guadeloupe
Guiana
Indo-China1
Martinique
New Caledonia
Réunion
E.
(a)
IX (c).
F.W.A. (Sudan) :
Lebanon
Syria
(Dakar)
(Senegal)
(b)
VII.
(a).
XX.
XXVI.
I X (a).
i x (by.
I X (c).
1
1
I .
[ As
\
]
1
I
prance
l Tance
'
-
EMPLOYMENT P R O H I B I T E D
Morocco
F.W.A. (Dakar)
F.W.A. (Senegal)
F.W.A. (Sudan)
Indo-China
Martinique
Réunion
Lebanon
Syria
Martinique :
XVI
\
D a n g e r o u s Work
V.
IX (a).
\X(b) .
I X (c).
XVI (a).
XX.
XXVI.
XXIX.
XXX.
XX.
XXIX.
XXX.
IX (a).
I X (b).
F.W.A.
F.W.A.
293
As France : IV.
Sugar factories (danger of fire and
explosion).
Explosives (p, u).
Explosives (p, u) ; work on scaffolding more t h a n 4 m. high ;
use of circular saws.
D i t t o ; high-tension ¡electrical appar a t u s (u) operation of rotaryapparatus ; attending to steam
cocks.
SAFETY MEASURES2
Morocco
Indo-China
Martinique
Réunion
F.W.A. (Dakar)
F.W.A. (Senegal)
F.W.A. (Sudan)
As France : IV.
As C (b).
GERMANY
A.
I.
List of R e g u l a t i o n s
Decree No. 3331 of 16 May 1907 : Alkaline chromâtes,
sec. 9.
1
In respect of Native women, the term seat may be extended to any piece of furniture
covered with a mat and suitable for sitting on in the Native fashion.
* Employment prohibited in case of contravention.
294
THE LAW AND WOMEN'S WORK
Reference
.No.
la.
Decree No. 3616 of 31 May 1909, as amended by Decree
No. 3559 of 20 Nov. 1911 : Quarries and stone-cutting
yards, sec. 10.
I I . Decree No. 3683 of 25 Nov. 1909 : Chicory factories, sec. 1.
I I I . Decree No. 3962 of 24 Nov. 1911 : Raw-sugar works and
sugar refineries, sees. 1,2 and 3.
IV. Decree No. 4152 of 13 Dec. 1912 : Zinc foundries and zinc
ore roasting works, sec. 9.
V. Order of 5 June 1937 : Brickworks, replacing Decree No. 4318
of 8 Dec. 1913.
VI. Order of 27 Jan. 1920 : Manufacture of lead pigments and
other lead compounds, sees. 1 and 10.
VII. Order of 26 Mar. 1930 : Employment of young persons and
women in rolling mills and forges, sec. 1 ; validity
extended by Order of 12 Mar. 1935.
VIII. Order of 27 May 1930 : Lead poisoning, sec. 6.
IX. Order of 30 Jan. 1931 : Basic-slag dust, sec. 7.
fX. Order of 23 Dec. 1938: Glass Works.
X I . Ministerial Order of 29 June 1933 ; Employment of
women in industry.
X I I . Ministerial Order of 28 July 1933 : Employment of women
at machines in the boot and shoe industry.
X I I I . Order of 30 Apr. 1938 : Hours of work, sec. 16 and Decree of
12 Dec. 1938, sec. 20.
XIV. Ministerial Orders of 4 April and 5 Sep. 1935: Employment
of women in the fish trade.
XV. Order of 29 May 1935 : Work in compressed air, sec. 6.
XVI. Ministerial Order of 3 Oct. 1935 : Employment of women
in the tinned goods industry.
XVII. Ministerial Order of 9 Jan. 1936 : Employment of women
at machines actuated by the foot.
XVIII. Ministerial Order of 22 June 1936 : Employment of women
|.
in the coarse and fine pottery industry.
XIX. Ministerial Order of 8 July 1936 : Employment of women
in the confectionery industry,
X X . Ministerial Order of 7 Nov. 1936 : Conveyer work in the
clothing industry.
XXI. Ministerial Order of 18 Mar. 1937 : Tinned goods industry.
XXII. Decree of 8 Feb. 1937 : Manning of ships on the Rhine.
B.
XI.
XIII.
General Provisions
Factory inspectors are required to take action with a view
to preventing the employment of W on work which is not
suited to them and which may prevent them from fulfilling their duties as mothers and housewives, while
refraining from affecting the interests of W workers who
are obliged to earn their living and have family responsibilities.
In undertakings regularly employing not less than 10 persons,
the Minister of Labour may issue orders for a specified
period or a specified area prohibiting the employment
of W in certain particularly unhealthy branches of
industry, or attaching special conditions to such
employment.
EMPLOYMENT ON DANGEROUS WORK
Reference
C.
295
U n h e a l t h y Work
No.
(a)
EMPLOYMENT P R O H I B I T E D
VIII.
As Convenlion No. 13.
As Recommendation No. 4 :
IV.
11, 12 (operations specified in detail).
VI.
7 (a), (b), (c), (d), (f), (h).*
X . Hydrofluoric acid (u) in glass works.
X V . Compressed air.
I . Alkaline Chromates (p).
X I I I . Coke (p).
V I . • Lead pigments (p, h) 1 .
„ compounds (p, h) 1 :
(a) Acetate of lead ;
(b) Peroxide of lead ;
(c) P a t e n t yellow ;
(d) Naples yellow ;
(e) Other compounds.
Exceptions : cleaning of rest rooms, canteens, cloakrooms,
lavatories, bathrooms ; washing and repair of working
clothes.
la.
Dust arising during stone cutting.
I X . Basic slag (roasting, powdering, transport of dust).
X . Glass industry (crushing and mixing of raw materials,
sand-blasting, polishing, cutting).
(b)
X.
H Y G I E N E MEASURES
Provided t h a t the glassworks plant fulfils the requirements
of health, special permits m a y be issued for employment
at sand-blasting and cutting operations.
D.
(a)
Heavy Work
CARRYING LOADS
Prohibition :
X I I I . Carrying heavy loads, in mining and in the building trade.
la, I I I , V, ) Carrying heavy loads, in the industries mentioned in the
X1V,XXI.)
titles of the Decrees.
X V I I I , V, j Carrying loads in excess of 15 kg., in the industries menXIX. j
tioned in the titles of the Decrees.
(¿^UNDERGROUND WORK
XIII.
Prohibited in mines, salt pits, undertakings engaged in t h e
preparation of ore, underground diggings and quarries.
(c)
Prohibition
OTHER HEAVY W O R K
:
ii, m , v . i
V I I , X, / Work in high temperatures (specified work, particularly at
XIV, >
furnaces in the industries mentioned in the titles of the
XVIII, \
Decrees and on hot metal in forges and rolling mills).
XIX. I
1
Access to premises used for these operations is prohibited.
296
THE LAW AND WOMEN'S WORK
Reference
No.
la, X I I I . Extraction of raw materials, in mines, quarries, salt pits, etc.
V . Extraction of raw materials and moulding (brickworks).
V, XIV, i Machines, heavy work at, in brickworks, in fishing,
XVI. j
and in canning.
XII.
Machines, heavy work at, in the boot and shoe industry (for
W under 21 years of age).
(d)
la.
XII.
XVII
XX.
XXII.
HYGIENE
MEASURES
Special authorisation required for the employment of W over
18 years of age for 6 hours a day a t the preparation of
stones for roadmaking.
Employment at machines allowed for a short period only
in the manufacture of light footwear {W under 21 years
of age).
Sea/s 1 for work at machines actuated by the foot.
Excessive speed should be avoided at conveyer work in the
clothing industry, to prevent overstrain among the
workers, particularly W workers.
In order t h a t a VF m a y replace a ship's boy on a Rhine vessel
not exceeding a certain tonnage, she must inter alia be
not less t h a n 20 years old and have the necessary
physical qualifications.
E . (a),
(b)
GREAT BRITAIN
A.
I.
II.
III.
IV.
V.
VI.
VII.
VIII.
IX.
X.
XI.
XII.
XIII.
List of R e g u l a t i o n s
Factories Act, 1937, ch. 67, sees. 15, 20, 44, 46, 56, 58-60.
Regulations No. 17 of 21 J a n . 1907: Manufacture of paints and
colours, sec. 3.
Regulations No. 484 of 20 J u n e 1908: Casting of brass, sec. 3.
Regulations No. 752 of 12 Aug. 1911 : Smelting of materials
containing lead: manufacture of red lead, litharge, etc., sec.
10.
Regulations No. 361 of 11 April 1912: Bronzing in letterpress
printing, sees. 4 (a), 5 (b).
Regulations No. 2 of 2 J a n . 1913 : Manufacture and decoration
of pottery, P a r t I, sees. 1, 2, 6 and 25.
Indiarubber Regulations No. 329 of 31 Mar. 1922, P a r t I, sec. 1.
Electric Accumulator Regulations No. 28 of 19 J a n . 1925,
P a r t I, sec. 1.
Woollen and Worsted Textiles (Lifting of Heavy Weights)
Regulations No. 1463 of 18 Nov. 1926.
Coal Mines Act, 1911, sees. 91 and 9 2 ; Metalliferous Mines
Regulation Act, 1872, sec. 4.
Women and Young Persons (Employment in Lead Processes)
Act, sees. 1-3 (repealed by and incorporated in the Factories
Act, 1937).
Act for the protection against lead poisoning of persons
employed in painting buildings, dated 15 Dec. 1926, sec. 2.
Shops Acts of 1912-1934 ; Act of 1934, ch. 42, sec. 3.
' Employment prohibited in case of contravention.
EMPLOYMENT ON DANGEROUS WORK
297
Reference
No.
XIV.
XV.
XVI.
XVII.
Chemical Works Regulations No. 731 of 11 J u l y 1922, sec. 15.
Sacks (Cleaning and Repairing) Welfare Order, 7 Sep. 1927,
sec. 2.
Welfare (Oil-cake Factories) Order, 5 J u l y 1929, sec. 2.
Cement Works Welfare Order, 12 Feb. 1930, sec. 1 (d).
B.
I.
General P r o v i s i o n s
1.
Where the Secretary of State is satisfied t h a t any manufacture, machinery, plant, process or description of manual
labour used in factories is of such a nature as to cause risk
of bodily injury to persons employed in connection
therewith, or any class of those persons, he may make
special regulations, among other things, to prohibit the
employment of, or modify or limit the hours of employment of, all persons or any class of persons in connection
with such manufacture, etc., or prohibit, limit or control
the use of any material or process.
2 . The Secretary of State may also issue, with regard t o
employed persons or certain classes of persons, regulations
additional to those prescribed in the Act, with regard to
their welfare or to other matters.
The special regulations thus issued must be approved by
Parliament.
G.
(a)
U n h e a l t h y Work
EMPLOYMENT
PROHIBITED
III. Brass (casting).
I, IV, As Recommendalion No. 4 : 1-6; 7 (b), (e), (e), (f), (g),
VIII, XI.
8 ; 9, 10 (a) (sp. op.), b (sp. op.), (c) ; 11 ; 12.
I, X I . Lead compounds : (a) Acetate of lead,
(b) Carbonate of lead,
(c) Nitrate of lead.
V I . Lead compounds, in pottery industry (sp. op.).
VII.
Lead compounds (dry), in rubber industry.
II.
,, colours (h).
XII.
„
,,
in painting. 1
(b)
I, X I .
VI.
V,
XVII.
VI.
I.
HYGIENE
(li);
MEASURES
As Recommendalion No. 4 : 1, 2, 5, 6, 7, 8,
Limitation of hours in the pottery industry to 48 in the week
for specified processes, and to 9 | a day and 6 i on
Saturdays for dusty processes.
Head coverings must be worn by W employed in bronzing in
specified processes of the printing industry, and head
coverings and overalls by W employed in cleaning and
repairing sacks in cement works.
Milk, or cocoa made with milk, must be provided for all \V
starting work before 9 a.m. at specified processes in the
pottery industry.
Cf. B.
1
Exemptions : (a) employment in such decorative work, not of an industrial character,
as may be excluded by an Order of the Secretary of State ; (b) women «mployed in industrial
painting at the passing of the Act.
298
THE LAW AND WOMEN'S WORK
Reference
D. Heavy Work
J
No.
(a)
VI, X.
IX.
I.
CARRYING LOADS
Prohibited :
1. Carrying heavy loads in the 1pottery and mining industries.
2. For W over 18 gears of age employed in the woollen and
worsted textile industry, the lifting of weights exceeding
65 lbs., (when the load is a reasonably compact or rigid
body) or 50 lbs. (other loads).
The Secretary of State may prescribe the maximum weights
which may be lifted, carried or moved in factories, and may
prescribe different maxima in different circumstances or
according to the classes of persons employed.
(b)
X.
UNDERGROUND WORK
Prohibited in mines of all sorts.
(e)
(d)
VI.
HYGIENE
MEASURES
1.
In the pottery industry a (medical) certificate of permission
to work is required for employment in the wedging of
clay, and for employment for more than 7 days as wheelturner for a thrower ; in the latter case, re-examination
is required if the doctor considers it necessary.
X I I I . 2. In shops, one seat must be provided for every three female
shop assistants, with freedom to make such use thereof as
does not interfere with the work.
XIV, \ 3. In factories, facilities for .sitting must be provided for W
XV.
workers
XV, fi
workers whose
whose work
work is
is done
done standing
standing, to
to enable
enable them
them
XVI,
(
to
use
any
opportunities
for
resting
that
may occur
XVI, Í
to use any opportunities "
XVII. ,
during their employment
E.
(a)
Dangerous Work
EMPLOYMENT PROHIBITED
Prime movers in motion (cleaning).2
Transmission machinery in motion (cleaning).2
I.
1.
2.
I.
Cf. B.
(b)
SAFETY MEASURES
BRITISH POSSESSIONS AND MANDATED TERRITORIES
A.
I.
II.
Anligua :
Bechuanaland :
List of Regulations
Ordinance No. 8 of 9 July 1938 :
Lead poisoning, sec. 4.
Proclamation No. 74, 1936, sees.
1-3.
1
Higher limits are fixed for men and lower limits for younger women.
* This applies in docks and warehouses as well as in factories.
EMPLOYMENT ON DANGEROUS WORK
299
Reference
No.
III.
IV.
V.
VI.
VII.
VIII.
IX.
X.
XI.
XII.
XII
(a).
XIII.
Ceylon :
—
Cyprus :
—
Gold Coasl :
Fiji :
Grenada :
Guiana. British :
—
Honduras,
British
—
Hong Kong •
XIV.
XIV
(a).
XV.
XV
(a).
XVI.
Jamaica •
Kenya :
—
Malay Stales, Federated
XVII.
Nigeria :
XVIII.
Nyasaland
XIX.
Uganda :
XX.
—
XXI.
—
XXII.
XXIII.
:
Rhodesia, Northern :
SI. Lucia :
Mines and Machinery Protection
Ordinance No. 2,1896, sec. 4(g)
Ordinance No. 13 of 16 April 1937 :
Underground work, sees. 2 (i),
3, 4.
Mines Regulations of 26 Feb.
1926, sec. 11 (5).
Law of 10 Nov. 1936 : Underground work, sec. 3.
Mining Rights Regulations, 1928,
sec. 110 (2).
Mining Regulations of 6 J u l y 1934,
sec. 108.
Ordinance No. 8, 1934 : Employment of Women, etc., sec. 6 (d).
Mining Regulations No. 327, 1931,
sec. 113.
Ordinance No. 14 of 5 J u l y 1933 :
Employment of Women, etc.,
sec. 6 (d).
General Minerals Regulations 1932,
sec. 56.
Ordinance No. 7, 1935 : Hours of
work, sec. 5.
Ordinance No. 27 of 19 Aug.
1932 : Factories and workshops
employment
of women in
certain industries, sec. 4 (1)
(c) and (d), and Schedule A,
sec. 3.
Regulation No. 784 of 20 Sep.
1936 to amend the above.
Shop Assistants (Hours) Law No.
15, 1925, sees. 3 and 9.
Mining (Safety) Regulations No.
599, 1932, sec. 47 ; Ordinance
No. 25, 1936, Employment
of women and children, sees.
2 and 3.
Ordinance No. 24, 1925 : Shop
Hours, sec. 6.
Mining Rules 1934 (gazetted 20
April 1934), sec. 20.
Safe Mining Regulations No. 31,
1917, sec. 19.
Employment of Women Ordinance
No. 16, 1936 ; sec. 3.
Ordinance No. 32, 1931 : Employment of Women, sec. 7.
Mining Ordinance No. 14, 1935,
sec. 156(15).
Mining (Safety) Regulations No.
130, 1936, sees. 17 and 32.
Mining Regulations No. 71, 1934,
sec. 26.
Employment of Women, etc.
(Amendment) Ordinance, No.
18,1936 ; sec. 14 A(I).
Employment of Women, Young
Persons and Children Ordinance
No. 22, 1934, sec. 6 (d).
300
THE LAW AND WOMEN'S WORK
Reference
No.
XXIV.
XXV.
XXVI.
XXVII.
XXVIII.
XXIX.
XXX.
XXXI.
SI. Vincent :
Employment of Women, Young
Persons and Children Ordinance
No. 20, 1935, sec. 6 (d).
Ordinance No. Ú, 1936 : Employment of women on underground
work, sees. 3 and 4.
Ordinance No. 20, 1930 (sec. 67)
to amend the Minerals Ordinance No. 26 of 1927 ; Ordinance No. 15, 1936, sec. 42A.
Regulations relating to borings,
dated 29 J a n . 1931, sec. 4.
Regulations under the Oil Mining
and Refining Ordinance, dated
26 Sep. 1935; sec. 11.
Seychelles :
Sierra Leone :
Trinidad and Tobago
—
Mandated
Territories.
Transjordania :
Mining La"w 1926, gazetted 15 Aug.
1936, Schedule II, P a r t II,
sec. 68.
Ordinance No. 53, 1927 : Employment of women and children,
sees. 1, 2 and 4.
Mine (Safe Working) Regulations
dated 20 J a n . 1930, sec. 62.
Palestine :
Tanganyika
:
General P r o v i s i o n s
IX.
XI.
XIX.
XXIII.
XXIV.
XIII.
Grenada
British Guiana
Uganda1
St. Lucia
St. Vincent
Hong Kong :
XIII.
XXX.
XIX.
Hong Kong
Palestine
Uganda :
(
j
(
XX.
XXVI.
III.
Uganda
Sierra Leone
Ceylon :
!
1
The
Governor-in-Council
may
make regulations :
(a) In respect of safety and sanit a r y conditions (including ventilation, overcrowding, etc.) 1
in
industrial
undertakings
where W are employed ;
(b) Imposing obligations {inter
alia, for promotion of hygiene)
upon persons who employ W
in industry ;
(c) Prescribing the conditions under which W may be employed
in industrial undertakings ;
(d) Restricting or
prohibiting
employment of W :
1. in any specified class of
industrial undertaking,
2 . in mining operations;
(e) Imposing restrictions on the
working of W between the
fixed and traversing parts of
machinery in motion in the
mining industry.
The words in brackets do not appear in the Uganda Ordinance.
EMPLOYMENT ON DANGEROUS
C.
Reference
No.
(a)
I.
XXX.
301
Unhealthy Work
EMPLOYMENT P R O H I B I T E D
Lead paint, in painting building's.
Asphalt (p)
Bitumen (p)
White lead (u)
Mirrors (p).
Antigua :
Palestine :
(b)
XIII.
WORK
Hong Kong :
H Y G I E N E MEASURES
Written authorisation from the
Protector of Labour required
for employment in :
Lead processes
Vermilion (p)
Glass working.
Cf. also B (a)-(d).
D.
Heavy Work
(n)
(b)
UNDERGROUND W O R K
Prohibited :
As
IV.
V.
XXV.
XV.
II.
VII.
VIII.
X.
XII.
XIV.
XV.
XVII.
XXI.
XXXI.
XVIII.
XXII.
XXVI.
Ceylon
Cyprus
Seychelles
Kenya
Bechuanaland
Gold Coast
Fiji
BrilishGuiana
British Honduras
Hong Kong
Federated Malay Stales
Nigeria
Uganda
Tanganyika
Nyasaland
Northern Rhodesia
Sierra Leone
Cf. also B (d) 2.
(c)
XXI.
Convention
No. 45. (The
exceptions mentioned in the
Convention may be applied
J
by special regulations.)
I As Convention No. 45. (Provision
made for the exceptions men{
tioned in the Convention.)
\
\
1
f
> In mines.
I
\
J
\ In mines (defined as in Convention
[
No. 45).
)
O T H E R H EAVY W O R K
Prohibited :
Uganda :
Employment
quarries.
in open mines or
Cf. also B (d) 2.
(d)
VII.
Gold Coast :
H Y G I E N E MEASURES
Permission of inspector required
for surface work at mines.
302
THE LAW AND WOMEN'S
WORK
Reference
No.
XXIX.
TransJordania
Kll(a).
X I V (a).
XV f a j .
:
Consent of controller is required
for employment underground
in mines.
Seats must be provided :
British Honduras :
In commercial establishments (a
sufficient number for t h e use
of female employees, with
freedom t o use them) ;
Jamaica :
In shops (two t o every three female
employees) ;
Kenya:
Ditto (one t o every three female employees).
E.
(a)
XXVII.
EMPLOYMENT PROHIBITED
Trinidad and Tobago :
XXVIII.
XXX.
V.
—
Palestine :
Cyprus :
Cf. also B (e).
(b)
XIII.
D a n g e r o u s Work
Presence on a derrick floor while
a well is being drilled or
repaired.
Work in or on an oil tank.
Cleaning machinery while in motion.
Explosives (h) in mining industry.
SAFETY MEASURES
Hong Kong :
W r i t t e n permission of Protector
of Labour required for employment a t boiler chipping and
fireworks (p).
Cf. a l s o B (a).
GREECE
A.
I.
II.
III.
IV.
List of R e g u l a t i o n s
Act No. 4029 of 24 Jan./6 Feb. 1912: Employment of women
and young persons, sees. 12, 16 and 17, and Decree of 28 Oct.
1929 (mines), sec. 50.
Decree of 14/27 Aug. 1913, t o administer Act No. 4029 ; sec. 35.
Act No. 6080 of 19 Feb. 1934 : Organic dyes, sees. 1 and 3.
Act No.6011 of 29 J a n . 1934: W h i t e l e a d , a n d A c t o f 2 0 A p r . 1938:
Lead pigments.
B.
General P r o v i s i o n s
Decree issued on the recommendation of the Minister of
Economic Affairs, subsequent t o consultation with the
Superior Labour Council, m a y prohibit or restrict the
employment of W on any work in excess of their strength,
or prejudicial to their health or safety, or make such employment subject t o certain conditions.
EMPLOYMENT ON DANGEROUS WORK
Reference
C.
303
U n h e a l t h y Work
No.
(a)
IV.
III.
IV.
EMPLOYMENT P R O H I B I T E D
As Convention No. 13.
Painting work in which the following are used :
1. Solvents, diluents, mordants and varnishes containing
nitro-cellulose and acetate of cellulose.
2. Putty.
3 . White pigments containing lead, and other lead
pigments.
t
(b)
I, I I .
II.
H Y G I E N E MEASURES
Employers must t a k e steps t o secure safe and healthy conditions in commercial and industrial undertakings employing
Premises must be ventilated.
D.
Heavy Work
(a)
(b)
I.
UNDERGROUND W O R K
Prohibited in mines, quarries and other workings.
(c)
(d)
I, I I .
II.
H Y G I E N E MEASURES
Cf. C(b).
In commercial establishments, a number of seats must
provided equal to t h a t of the W employed.
E.
be
D a n g e r o u s Work
(a)
(b)
I, I I .
Cf. C
SAFETY MEASURES
(b).
GUATEMALA
A.
List of R e g u l a t i o n s
Regulations of 5 Aug. 1932 under the Act respecting mines and
hydrocarbons, sec. 103.
B . C. (a),
D.
(b)
Heavy Work
304
THE LAW AMD WOMEN'S
(b)
WORK
UNDERGROUND W O R K
Prohibited in mines.
(c),
(d) ; E (a), (b)
HONDURAS
A.
List of R e g u l a t i o n s
Decree No. 3 of 28 Mar. 1936 (Constitution), sec. 192.
B.
General P r o v i s i o n s
Employment at unhealthy and dangerous processes prohibited.
C.
(a)
U n h e a l t h y Work
EMPLOYMENT PROHIBITED
Cf. B.
(b) D (a), (b), (c), (d)
E.
(a)
D a n g e r o u s Work
EMPLOYMENT PROHIBITED
Cf. B.
HUNGARY
Reference
A . List of R e g u l a t i o n s
&
No.
I.
II.
Mines Act of 1854, sec. 200, and Orders issued by the mines
authorities under this section.
Act No. V of 1928 : Protection of women and young persons,
sees. 6, 7, 9, 10, 11 and 2 1 .
B.
I.
II.
General P r o v i s i o n s
The mines authorities m a y regulate the conditions of employment of W in mines with reference to their physical strength.
AW m a y not be made t o perform any work in excess of her
physical strength or endangering her health or physical
welfare.
W i t h a view to protecting the health and safety of W, it is the
d u t y of the competent Minister t o issue regulations
making their employment subject t o specified conditions,
concerning t h e organisation of t h e undertaking, t h e performance of work, discontinuance of the use of certain substances, hours of work, the age and physical fitness of W
employed in certain processes, and the maximum weights
which m a y be transported b y W, or prohibiting the employment of W at certain processes.
G.
U n h e a l t h y Work
EMPLOYMENT ON DANGEROUS WORK
Reference
No.
li.
305
(b) H Y G I E N E MEASURES
' '
A certificale of physical fitness is required for employment
in industrial and mining undertakings, transport, t h e
handling of goods at docks, quays, wharves and warehouses,
and the workshops of railway undertakings and the Postal,
Telegraph and Telephone Department.
Transfer to more suitable work, or, if this is certified by the
inspectorate to be impossible, immediate release from employment (without the penalty prescribed for premature
termination of the contract) must be accorded to any W
worker at her request, supported by a medical certificate, or
on t h e instructions of the inspectorate, if the W cannot
continue her employment without danger to her health or
safety.
Every person employing W must equip and manage his establishment in conformity with the requirements essential to
the protection of their health and safety .
The food which the employer supplies for W workers must be
palatable, nourishing, and sufficient in q u a n t i t y f,or their
needs.
Any dwelling or sleeping accommodation provided by the employer must be hygienic and in a satisfactory condition as
regards cleanliness and order.
Cf. a l s o B I and II.
D.
(a)
Heavy Work
CARRYING LOADS
Cf. B II.
(b)
I.
UNDERGROUND WORK
Prohibited in mines.
(c)
(d)
H Y G I E N E MEASURES
Cf. B and C (b).
E.
D a n g e r o u s Work
(a)
(b)
S A F E T Y MEASURES
Cf. B and C (b).
INDIA
A.
I.
II.
III.
IV.
V.
List of R e g u l a t i o n s
Factories Act of 20 Aug. 1934, sees. 27, 29 and 33 (4).
Regulations issued under sec. 33 (4) of t h e Factories Act :
No. L.—3050 of 18 Mar. 1937 : Lead, sec. 5.
No. L.—3050 (4) of 27 Mar. 1937 : Chromium, sec. 3.
No. L.—3050 (6) of 27 Mar. 1937 : Sand blasting, sec. 4.
Mines Act No. IV, 1923, sec. 29 (j).
20
306
THE LAW AND WOMEN S WORK
Reference
No.
VI.
VII.
VIII.
(Mysore)
Regulation No. M.—1055 of 1 Feb. 1937 : Underground work.
Notification No. M.—1265 (2) of 26 J u n e 1934, to amend the
Metalliferous Mines Regulations, 1926, sec. 41 B.
Factories Regulation of 11 J a n . 1936, sees. 27, 29 and 33 (4).
B.
General P r o v i s i o n s
The Governor-General in Council m a y make rules :
I, V I I I . Prohibiting or restricting the employment of W upon any
(Mysore)
operation in a factory which, he is satisfied, exposes t h e m to
a serious risk of bodily injury, poisoning or disease ;
V . Prohibiting, restricting or regulating the employment of W in
mines or in any class of mines either below ground or on
particular kinds of labour attended by danger to their life,
safety or health.
G.
(a)
II.
III.
IV.
U n h e a l t h y Work
EMPLOYMENT P R O H I B I T E D
As Recommendation No. 4.
Chromium, soluble compounds of (u).
Sand blasting work.
(b)
H Y G I E N E MEASURES
I . No W may be employed at a cotton opener, except at the feed
VIII.
end, if this is in a room separated from the delivery end
(Mysore)
by a partition.
D.
(a)
VII.
CARRYING LOADS
Where W are employed in carrying loads in mines, the weight
of the load and the height or distance to which it has to be
carried shall not be such as to involve risk of injury to the
woman's health. (Decision of the chief inspector to be
final in case of dispute.)
(b)
V.
UNDERGROUND W O R K
Prohibited in all mines (except for W employed in health and
welfare services : for condition, cf. (d)).
(c)
(d)
VI.
Heavy Work
: —
H Y G I E N E MEASURES
No W may enter or remain in the underground workings of the
mine unless she is in possession of a pass granted by the
manager. Her name, address and occupation and the times
at which she enters and leaves the mine must be entered in
a register.
EMPLOYMENT ON DANGEROUS
No.
E.
(a)
WORK
307
D a n g e r o u s Work
EMPLOYMENT P R O H I B I T E D
I, V I I I . Machinery in motion (cleaning, oiling, work between moving
(Mysore)
parts or between fixed and moving parts).
(b)
IRAQ
A.
List of R e g u l a t i o n s
Labour Law No. 72 of 25 April 1936, ch. II, sec. 6.
B.
General Provisions
Regulations may be issued prescribing the undertakings in which
the employment of W is wholly forbidden.
C, D, E
IRELAND
A.
I.
II.
(British) Factory and Workshop Act, 1901, sees. 6-9, 12, 13, 16,
58, 59, 74, 75, 76, 78, 79-86, 157, as amended by Conditions
of Employment Act, 1936.
As Great Britain : II-VII, X, X I , X I I I (Shops Act, 1912, ch. 3,
sees. 3 and 12), X I V .
B.
I.
List of R e g u l a t i o n s
General P r o v i s i o n s
The Minister m a y issue special regulations concerning cleanliness, ventilation and hours of work in industrial undertakings, in order t o protect the health of W who, under the
exceptions for which provision is made, are employed t o
work overtime or at night ; he m a y also prohibit such
employment if he considers it prejudicial t o the health of W
workers.
If the Minister is satisfied t h a t any work is dangerous or unhealthy in general, or for W, children, or other classes of persons
in particular, he m a y make regulations prohibiting all
employment, or the employment of certain classes of persons,
at such work, or make employment subject t o certain
conditions (limit hours, prohibit use of specified processes or
materials, etc.). He must consider any representations made
to him by or on behalf of the persons affected by such
regulations, and m a y direct an enquiry to be held and modify
the regulations ; these must be approved by the Oireachtas.
C.
(a)
U n h e a l t h y Work
EMPLOYMENT P R O H I B I T E D
As Great Britain, except V I I I and X I I (Recommendation No. 4,
10a and b, and lead colours in painting).
308
THE LAW AND WOMEN'S WORK
Reference
No.
1.
(b) HYGIENE MEASURES
' '
As Great Britain, X I , V I , V (head coverings in printing trade).
1. Protection against wetting, and prevention of escape of
steam, in wet spinning. 1
2 . The Factory Act also contains various health and safety
provisions (relating t o reasonable temperature, ventilation, draining of floors, sanitary conveniences, etc.),
which apply neither to undertakings employing men
only nor t o those in which these matters are governed
by the Public Health Acts.
D.
(a)
Heavy Work
CARRYING L O A D S
As Great Britain : VI, X .
(b)
UNDERGROUND W O R K
As Great Britain : X.
(o)
(d)
H Y G I E N E MEASURES
A S Great Britain : V I , X I I I , X I V .
»
E. D a n g e r o u s Work
(a)
I.
1.
2.
EMPLOYMENT PROHIBITED
Machinery in motion (work between the fixed and moving
parts).
Transmission machinery in motion (cleaning).
(b)
I.
SAFETY MEASURES
Cf. C (b) o
ITALY
A.
I.
II.
III.
1
List of R e g u l a t i o n s
Act No. 653 of 26 April 1934 : Employment of women and
children, sees. 6 (a) and (c), 8, 10, 11, 17, 20, 21, 22, 23.
Decree No. 1720 of 7 Aug. 1936 : Work at which women under
age m a y not be employed.
Libya : Decree No. 1253 of 3 April 1937 : Extension to Libya
of Act No. 653, with modifications.
Employment prohibited in case of contravention.
EMPLOYMENT ON DANGEROUS WORK
No.
I.
III.
(Libya)
II.
B.
General Provisions
It is provided t h a t subsequent to consultation with the Superior
Health Council and the National Council of Corporations,
a Royal Decree will be issued specifying the dangerous,
unhealthy and heavy work in which W under age may not be
employed (in Libya, such work to be specified by Decree of
the Governor-General).
The Corporative Inspectorate m a y add other processes to those
prohibited or regulated by the Decree.
G.
(a)
II.
309
Unhealthy Work
EMPLOYMENT
PROHIBITED
W under age :
As Recommendalion No. 4 : 7, 7 (a), 10 (a), (b).
As Belgium : 5, 6, 7, 9.
As Spain : 1, 6, 17 (p), 24 (a) and (b), 25 (aa) and (bb).
As France: 3, 5 ( p , a n d s p . op.), 6 (a), 7, 11 (p), 12, 16, 17,25,27,
28, 32, 36 (d), 43, 46 (a)-(c), 47 (d) and (f), 50 (p), 51.
1. Chromic acid (p).
2 . Chromic acid, in electroplating.
3 . Hydrocyanic acid, in destruction of rats and other vermin,
disinf estation.
4 . Acetylene, halogen derivatives of (p).
5 . Compressed air (work under water).
6. Alkaloids (p).
7 . Alumina (p).
8. Aluminium (p).
9 . Ammonium salts (p).
10. Antimony ore (treatment by heat).
11. Antimony alloys (p).
12. Antimony pigments (p, ex).
13. Antimonides (roasting).
14. Arsenic ore (treatment by heat).
15. Arsenic alloys (p).
16. Arsenic compounds (p).
17. Arsenides (roasting).
18. Barium salts and oxides (p).
19. Benzene, in tanning.
20. Calcium carbide (p).
2 1 . Calcium cyanamide (p).
2 2 . Camphor (p).
2 3 . Cellulose, acetate of, in rayon (p).
24. Lime (in tanning).
2 5 . Chromium compounds (p).
2 6 . Chlorates (p).
2 7 . Carbonyl chloride (phosgene) (p, ex).
2 8 . Organic dyes (p).
2 9 . Cuprammoniacal liquid, in rayon (p).
30. Cyanides, in tempering and cementing pig-iron.
3 1 . Cyanides, in electroplating.
32. Toxic solvents, in (a) extraction of oils and fats,
(b) scouring wool.
3 3 . Sewers (clearing).
34. Tin alloys (p).
3 5 . Fluorides (p).
36. Compressed and liquefied gases (p, ex).
37. Gas for lighting (p and distribution).
3 8 . Lithopone (p).
39. Mercury ore (treatment).
310
THE LAW AND WOMEN'S WORK
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
61.
62.
63.
64.
65.
66.
67.
68.
69.
70.
71.
72.
73.
74.
75.
76.
77.
78.
79.
80.
81.
82.
83.
84.
85.
86.
87.
88.
89.
90.
91.
92.
93.
Mercury alloys (p).
Mercury compounds (p).
Mercury, in manufacture of apparatus and instruments.
Organic metallic compounds (mixture with petrol).
Metallic powders (p).
Metalling by spray process.
Metals (cutting with electric arc or with oxy-hydrogen or
oxy-acetylene flame).
Metals (trimming, grinding, sand blasting).
Precious metals (refining).
Methane, halogen derivatives of (p).
Mineral powders (pulverisation, sifting, transport).
Refuse (removal, sorting).
Bones (sorting, h).
Oxalates (p).
Phosphorus compounds (p).
Phosphorus (a) in rubber industry,
(b) in match industry.
Lead, metallic (work on).
Lead ore (treatment by heat).
Lead alloys (soldering).
Lead compounds (p).
Lead pigments (p, ex).
Lead, tetraethyl, in mixing petrol with organic metallic
compounds.
Lead (picking, zincing and tinning; leading articles of
other metals).
Lead, in rubber (p).
Lead, in production of various articles.
Lead, in glass industry.
Pastes containing lead (cleaning with).
Potash (p).
Potassium (p).
Quinine sulphate (purification).
Cinchona bark (pulverisation).
Radio-active substances (p, ex).
Oil shale (distillation).
Sodium carbonate (p).
Sodium hydrate (p).
Sodium sulphate (p).
Autogenous welding.
Sulphites (p).
Tanning (preparation of tan liquor, work at vats, etc.).
Tetrachlorethane, in extraction of oils and fats.
Carbon tetrachloride (p).
,,
„
in extraction of oils and fats.
,,
,,
in rubber (p).
Turpentine (p).
Titanic oxide (p, ex).
Toxic substances, in rubber (p).
Toxic substances, in destruction of rats and other vermin,
disinfestation.
Trichlorethylene, extraction of oils and fats.
Glass works (sand blasting).
Glass
Zinc ore
oxide
alloys
works
(treatment
(p)
(p).
(manufacture
(blowing).
and salts.
by heat).
of beads).
EMPLOYMENT ON DANGEROUS WORK
Reference
No.
I.
,, .
TT
,r
(o)
HYGIENE
MEASURES
311
W of all ages : The Corporative Inspectorate may prohibit W
from remaining in workplaces during breaks.
W under age :
(a) Medical certificates of fitness for industrial or commercial
employment issued free of charge by medical officers
(who may certify unfitness for all employment or for
certain dangerous, exhausting or unhealthy work or for
carrying loads.)
(b) Periodical medical examinations must be made by doctors
nominated by the employer in classes of employment to
be specified by Decree (this application may be extended
to W irrespective of 1age employed in dangerous, heavy
or unhealthy work).
(c) Special medical examinations must be undergone if the
Corporative Inspectorate is of. the opinion t h a t the state
of health of the W concerned does not admit of continuance of the work.
II.
(d) Employment at the following work is prohibited unless the
Corporative Inspectorate considers t h a t preventive
measures satisfactorily safeguarding the health and
physical welfare of W under age have been taken :
As Spain : 25 (c), (d), (e), (h), (I), (o), (v), (w), (x), (ce).
As France : 36 (c), 47 (a), 53 (c) and (d).
Alcohol (distillation, fermentation).
Asbestos (mixing, drawing, weaving).
Amino-derivatives (u).
Baryta, in separation of sugar and molasses.
Benzene (at operations not prohibited, cf. C (a), 19).
Benzenoid hydrocarbons (u).
Laundries (preparation of lye).
Carbonate of lime (beds).
Chloro-derivatives (u).
Colours (u) in dyeing piece goods.
Cinematograph industry (repairing and re-examining films,
work in projection rooms).
Toxic solvents (petrol, acetone, trichlorethylene, tetrachlorethane, etc. ; at operations not prohibited, cf. C (a), 32).
Chemical fertilisers (p).
Mercury pumps (u in glass works).
Grinding, mechanical.
Nitro-derivatives (u).
Painting by spray process.
Phenols (u).
Dust given off during specified operations connected with :
(a) edge grinding, abrasion, polishing (mechanical).
(b) asbestos.
(e) barite.
(d) pottery.
(e) graphite.
(f) paper (waste).
(g) talc.
(h) textile, fibres.
(i) sumac.
Toxic substances (storage).
Toxic substances (u) in (a) button turning,
1
(b) bleaching
of women
piece of
goods.
Classes of employment specified, for women
under age and
full age respectively, by OrderVarnishing
of 8 June 1938.
by spray process.
312
THE LAW AND WOMEN'S
WORK
Fieference
No.
Glass industry (at operations not prohibited, cf., C (a) 88-90;
application of second process t o glass with blow-lamp or gas
flames in manufacture of electric lamps, bulbs, etc.).
D.
(a)
I.
W over 17 years employed in industry, commerce or agriculture,
may not :
(a) carry over 20 kg. ;
(b) transport over 160 kg., including t h e vehicle, b y hand
carts with three or four wheels on level ground ;
(c) transport over 400 kg., including the vehicle, by trucks
running on rails.
Cf. also C ( b), I (a) ;T>(d)l; and table in Ch. I l l : " Maternity
Protection ".
II.
(a)
1
HYGIENE MEASURES
W irrespective of age :
Maximum of four hours a day for transport of loads.
W under age :
Condition as C (b), II (d) for work at ships in course of scrapping.
E.
I.
OTHER HEAVY WORK
Employment of W under age prohibited as follows :
1. Building industry (demolition ; erecting and dismantling
outside, and inside framework of buildings) ;
2 . Furnaces (operations in manufacture of cast iron, cast-iron
alloys, and steel) ;
3 . Rolling mills (work in) ;
4 . Surface work at mines, quarries, peat-beds and galleries
(sinking pits, extraction, placing and removal of props,
work at mechanical transport, roughing and cutting
blocks in quarries).
5 . Ships (stowing, painting, cleaning bottom, work in holds).
(d)
I.
UNDERGROUND W O R K
Prohibited :
For W irrespective of age : in quarries, mines and workings.
For W under age : in sewers.
(c)
II.
CARRYING L O A D S
1
(b)
I.
II.
Heavy Work
D a n g e r o u s Work
EMPLOYMENT P R O H I B I T E D
W under age :
As Spain : I.
1. Lifts, goods hoists and other hoisting apparatus (manipulation).
2 . Building work (on hanging scaffolds).
3 . Electric furnaces (manipulation, charging, discharging).
4 . Inflammable substances in tanning.
Lower limits arc fixed for women under this age.
EMPLOYMENT ON DANGEROUS WORK
(b)
SAFETY
313
MEASURES
W under age :
Conditions as C (b) II (d) for the following :
1. Explosives (depots, etc.).
2 . Inflammable substances (depots, etc.).
3 . Stamping machines (operation).
4\ Engraving machines (operation).
5 . Cutters (operation).
6. Circular saws (operation).
7. Band saws (operation).
JAPAN
A. List of R e g u l a t i o n s
Reference
No.
I.
Factory Act, No. 46 of 1911, as amended by Act No. 33
II.
III.
IV.
V.
VI.
Mandated
Territory
of the
South Sea
Islands.
II.
of 29 Mar. 1923, sees. 9-11.
Imperial Ordinance No. 153 of 5 J u n e 1926 (issued under
Factory Act), sec. 30.
Ordinance No. 13 of 7 J u n e 1926 (issued under Factory Act),
sees. 5-7.
Regulations of 1916 concerning the employment and relief
of miners, as amended by Ordinance No. 17 of 24 J u n e
1926, Ordinance No. 30 of 1 Sept. 1928 and Ordinance
No. 16 of 5 J u n e 1933, sees. 6 bis, 11 bis, and 12.
Enforcement Regulations of Shops Act. 31 Aug. 1938.
Regulations concerning the employment . . . of persons in
the service of the mining station of the South Sea
Bureau (Instruction of the South Sea Bureau, No. 9
of 1 May 1924), sec. 8.
B.
W may not be employed at dangerous processes to be
specified by the competent Minister.
The prohibition of the employment of young persons under
16 years of age in work involving the handling of poisons,
powerful drugs or other injurious substances, or explosive
inflammable substances, or in work exposing them t o
dust or injurious gas, or in dangerous or unhealthy places
(details t o be specified by the competent Minister)
may be extended to W over 16 under conditions laid
down by the competent Minister.
In the case of female apprentices, measures must be taken
to avoid danger and prevent injury to health in accordance with the spirit of the Factory Act.
C.
(a)
III.
IV.
III.
General P r o v i s i o n s
Unhealthy_Work
EMPLOYMENT
PROHIBITED
Hydrocyanic acid, emanations (ex).
Acid gases (ex).
Aniline, emanations (ex).
Arsenic and compounds, emanations (ex).
Arsenic and compounds, emanations (ex) in mining industry.
Chromium and compounds, emanations (ex).
Fluorine and compounds, emanations (ex).
Mercury and compounds, émanations (ex).
314
THE LAW AND W O M E N ' s
WORK
Reference
No.
IV.
III.
IV.
IV.
VI.
South Sea
Islands
Mercury and compounds, emanations (ex) in mining industry.
White phosphorus, emanations (ex).
Lead and compounds, emanations (ex).
Leads and compounds, emanations (ex) in mining industry.
Zinc and compounds, emanations (ex) in mining industry.
Noxious soot (ex) in mining industry.
Refining by electrolysis in mining industry.
Stone and earth dusts, phosphates (ex) in mining industry.
(b)
D.
Heavy Work
(a)
(b)
IV.
UNDERGROUND W O R K
Prohibited in mines (subject to the permission of the Chief
of the Mines Inspection Bureau, given for specified periods
this does not apply to coal mines where most of the seams
are thin for light work consisting mainly in gathering
fragments of coal, etc.).
(c)
III.
IV.
VI.
South Sea
Islands
OTHER HEAVY WORK
Prohibited :
Exposure t o high temperatures (in certain work with
metals, ores, earth, stones, etc., and in work in drying
chambers).
Exposure to high temperature (above 35° C.) in underground
mining (sp. op).
Ditto.
(d)
IV.
V.
W employed underground where temperature exceeds 30° C.
may not work for more t h a n 8 hours a day in all.
Permission of Chief of Mines Inspection Bureau required
for certain underground mining work (cf. D (b)).
Shops employing 50 persons or more : at least 1 chair for 3 W.
E.
(a)
I.
III.
IV.
VI
South Sea
Islands
III.
H Y G I E N E MEASURES
D a n g e r o u s Work
EMPLOYMENT P R O H I B I T E D
Dangerous parts of machinery or transmission apparatus in
motion (upkeep, placing and removal of driving belts
or ropes).
Ditto (specified details).
)
(
1 D i t , t ' 0 (specified details), in mining industry.
)
Boilers (stoking).
Boiler valves (h).
EMPLOYMENT ON DANGEROUS WORK
315
Reference
No.
IV. '
VI. (> Ditto, in mining industry.
South Sea \
Jslands j
III. Power-saws (feeding of wood).
IV. \ Winches, mechanical (h)
\
VI. f Trucks in motion (coupling and un-.( •
. . • , „,
South Sea
K
V
ë
coupling)
Wn
mining
industry.
Islands
;
III. ) Placing and fixing shots
IV. Electricity (p, transformation, distribution : sp. op.).
VI.
South Sea > Ditto, in mining industry.
Islands
III. Explosives (h).
VI.
South Sea [ Ditto, in mining industry.
Islands
(b)
III.
SAFETY MEASURES
1
Fencing or other protection required for gear-wheels,
pulleys, fly-wheels, belts or ropes, shafting ways,
scaffolding and any other place of a similar nature.
LATVIA
A.
List of Regulations
I.
II.
Act of 24 Mar. 1922 : Hours of work, sec. 12.
Order of 13 Sep. 1923 : Hours of work of railway employees,
sec. 11.
I I I . Order of 4 Oct. 1923: Hours of work of postal, etc., employees,
sec. 18.
IV. Amendments of and additions to the Penal Code, dated
2 Oct. 1924, sec. 366.
V. Act of 13 June 1930 (use of white lead in painting), sec. 3.
B.
I, II, III.
IV.
1
General, Provisions
W may not be employed on work unsuitable to their physical
constitution or injurious to their health.
The Minister of Labour (I) or the competent Minister in
consultation with the Minister of Labour (II and III)
specifies in agreement with the Health Department the
undertakings and occupations (I) or the posts and duties
(II and III) from which W are excluded.
Penalties are provided for contravention by employers of
legislation protecting women's health and safety.
In case of contravention, employment prohibited.
316
THE LAW AND WOMEN'S
Reference
_
_. .
No.
C.
Unhealthy Work
(a)
V.
,,.
...
WORK
,
EMPLOYMENT P R O H I B I T E D
As Convention No. 13 (exceptions : painting of textiles and
artistic painting).
(b) ; D (a), (b), (c), (d) ; E (a), (b)
LUXEMBURG
A.
I.
II.
III.
IV.
List of R e g u l a t i o n s
Act of 6 Dec. 1876: Employment of women and children, sec. 3.
Grand Ducal Order of 26 April 1930 : Mines, sec. 199.
Act of 28 Aug. 1924 : Health and safety in industrial and commercial undertakings, sees. 11 and 17.
Grand Ducal Order of 30 Mar. 1932 (application of sundry
Conventions), sec. 28.
G.
(a)
IV.
Unhealthy Work
EMPLOYMENT P R O H I B I T E D
As Convention No. 13.
(b)
D.
•
.
Heavy Work
(a)
I. I I .
11.
(b)
UNDERGROUND W O R K
(c)
OTHER HEAVY W O R K
Cf. (c).
All manual work in the operation of mines, quarries and workings
prohibited.
(d)
III.
H Y G I E N E MEASURES
As Belgium, V I I I (applies also t o factories and workshops in
which W employees work standing).
E.
D a n g e r o u s Work
(a)
(b)
III.
SAFETY M E A S U R E S
The head must be so covered t h a t the hair cannot be caught
in machinery.
EMPLOYMENT ON DANGEROUS WORK
Reference
No.
-»¡m-vm*-*.
MEXICO
A.
I.
II.
III.
List of R e g u l a t i o n s
Federal Labour Code of 18 Aug. 1931. sees. 77, 102, V., 107, II.
Regulations of 31 July 1934 : Occupations prohibited for women
and children, sees. 13, 17, 21, 23.
Regulations of 9 Oct. 1934 : Industrial hygiene, sec. 39.
B.
I.
'
General P r o v i s i o n s
W may not be employed on dangerous or unhealthy work as
specified in the Code—cf. C (a), D (b) and (e), E (a)—
or in subsequent regulations, save where in the opinion of
the competent authority all the measures have been taken
and all the appliances provided which are requisite for their
proper protection.
C.
(a)
I.
II.
U n h e a l t h y Work
EMPLOYMENT
HYGIENE
(a)
I, I I .
I, I I .
1
(d),
27,
(c),
(e).
MEASURES1
As France : 2.
Devices for removal of dust (manufacture of glass and mirrors,
hackling of flax, hemp and jute), and of products of combustion (gassing textiles). 3
D.
II.
PROHIBITED
Work involving exposure to :
Noxious emanations.
Poisonous gases or fumes
Humidity
Harmful dust
Poisonous substances
As Recommendation
No. 4 : 7 (a)2, 5 2 , 10 (a).
As France l 2 , 2,2 3, 4,2 5 2 ,61 (a)22, 722, 8 2 ,9 2 ,10 2 ,11 (a),
(b), 12,13
(Í),2 (9), 14 2,16 ,18
,19 ,20 ,21,(sp.ind.)22 á , 23, 24 2 , 26,
2
28 , 30,
32 , 33 , 34, 36 (a), (b), 42, 45 (c),* 46 (a),
47 (c)2, (e)2, 48, 49 2 , 50 (p) 2 , 50 (b), 51 2 , 52, 53 (c), (d),
As Spain (but for W of all ages) : 17.
(b)
II.
317
H e a v y Work
CARRYING LOADS
Cf. table in Ch. I l l : " Maternity Protection ".
(b)
UNDERGROUND
WORK
(c)
OTHER HEAVY
WORK
Prohibited.
Work under water prohibited.
Cf. reservation under B.
' Women chemists and pharmacists may perform these operations in the exercise of
their profession.
* Employment prohibited in case of contravention.
318
THE LAW AND WOMEN'S WORK
Reference
No.
III.
HYGIENE MEASURES 1
fd)
Suitable seats must be provided for workers irrespective of sex.
The safety commissioners must pay special attention to
the observance of this provision in respect of W.
E.
(a)
D a n g e r o u s Work
EMPLOYMENT P R O H I B I T E D
1
As France.
Work with automatic, circular or band saws, shearing machines,
knives, cutters, drop-stamps and other mechanical appliances requiring special precautions a n d experience.
Explosives (p).
Inflammable substances (p).
Alkaline metals (p).
(b)
I.
S A F E T Y MEASURES
Cf. B.
NETHERLANDS
Â.
I.
II.
III.
IV.
List of Regulations
Mining Regulations of 22 Sep. 1906 as amended by Decree of
7 Oct. 1922 ; sees. 224 and 233.
Labour Act of 1919, sec. 10.
Decree of 25 Sep. 19332 to promulgate the text of the Labour
Decree, 1920, as last amended by Royal Decree of 12 J u l y
1933 ; sees. 1 and 7-7.5.
Decree of 9 Oct. 1931 to promulgate the t e x t of the Act concerning the loading and unloading of ships, as last amended
by Act of 27 J u l y 1931 ; sec. 4.
pjoihorinnje
îveinerianas
Indies
I Governmental Ordinance of 3 Sep. 1930 to issue mining
>
regulations : sees. 170 and 171.
General Provisions
II.
III.
It is provided t h a t public administrative regulations shall
specify the unhealthy or dangerous operations in which
the employment of ÍV is prohibited or made subject to
certain conditions.
The regulations make provision to this effect for three types
of prohibition : absolute prohibition applying to certain
operations, conditional prohibition applying to others,
and prohibition on indications given or decision made by
the inspectorate.
1
Cf. reservation under B.
' Applicable to women employed in undertakings of all sizes, whereas the Safety Decree
of 191G, concerning workers of both sexes, applies only to factories and workshops employing
at least 5 persons or using power-driven machinery.
EMPLOYMENT ON DANGEROUS WORK
Reference
_, ,
No.
„
r
-,
G. Unhealthy Work
(a)
III.
,.,
319
EMPLOYMENT PROHIBITED
As Convention No. 13.
As France : 51, ll11 , 141, 17, 24, 25, 29, 32, 40, 46 (c), 501.
Chromic acid
Hydrocyanic
acid1
Halogens1
Aniline homologues1
1
Arsenic and its compounds
Oxides of nitrogen1
Benzene and its homologues1
Creosoting wood, etc.
Dimethyl sulphate 1
Arseniuretted hydrogen11
Phosphoretted hydrogen
Mercury and its compounds (p, u)
Nitrobenzene and its homologues1
Petroleum1 (refining and distillation)
Phosgene
White phosphorus (p, h)
Lead (extraction from ore, h)
White lead (p, u)
Lead compounds (p, u)
White lead (u) in manufacture and repair of accumulators
Lead compounds (u) in the pottery industry (sp. op. for all
W and in addition certain other op. for married W)
Pitch in briquette works
Tetrachlorethane *
Verdigris (p)
Zinc white (p)
Zinc, extraction from ore.
(b)
HYGIENE MEASURES
A medical certificate, valid for not more than two years, is
required for specified operations in the pottery and textile
industries and for work involving the use of lead.
A medical certificate, which may be required by the Inspectorate and may be withdrawn at any moment, is necessary
for other specified operations.
The permission of the Inspectorate, given after examination,
is required for employment in certain types of premises
where work may cause dust or poisonous emanations to
arise.
Food may not be kept or consumed in certain types of workplaces (in the pottery industry, etc., where lead is used, and
in the tobacco industry).
Suitable provision must be made for ventilation, heating and
lighting
in offices, shops, pharmacies and places of amusement.2
W may not work in premises also used as sleeping quarters. 3
Sufficient lighting must be provided in factories, workshops
and offices ; save in exceptional conditions, no artificial
light between 9 a.m. and 3 p.m.4
1
Applies to work in workrooms where the substances in question are usually disseminated
in the air to an extent which in the opinion of the chief district labour inspector must be
deemed injurious.
* Safety Decree of 1916 : Similar provisions for workers of both sexes, but in factories
and workshops only.
' Ibid. Men and women prohibited from using " unhealthy premises " as sleeping
quarters.
* Ibid. Contains provisions, but less detailed, applying to workshops where men and
women are employed.
320
Reference
No.
THE LAW AND WOMEN'S
Distinctive marks 1 required on containers of toxic substances
or specified dangerous corrosive liquids.
Protective clothing 2 in numerous specified industries.
D.
(a)
IV.
V.
III.
CARRYING LOADS
UNDERGROUND W O R K
Prohibited in mines.
(c)
I.
III.
OTHER HEAVY WORK
Prohibited :
Surface work at mines.
Pottery industry (sp. op.).
Excessive speed of work.
Excessive temperature, work in. 3
(d)
III.
H Y G I E N E MEASURES
Suitable seats must be provided, if the Inspectorate so requires,
in factories and workshops, and W must be allowed to use
them during their work.
Suitable seats in sufficient number and reserved for W employees
must be provided in shops, pharmacies and places of
amusement.
E.
(a)
III.
Heavy Work
Prohibited :
Loading and unloading ships.
Loading and unloading cages in mines.
(i) Lifting, pulling, pushing, carrying a load or moving it in
any way, if the work demands too great an exertion of
strength or is dangerous to health ;
(ii) Brick and tile industry : Married W m a y not move loaded
trucks in establishments for making bricks from clay or
earth ; the same prohibition applies to all W in establishments for making roofing pantiles, flooring tiles and
earthenware pipes.
(b)
I, V I .
WORK
D a n g e r o u s Work
EMPLOYMENT P R O H I B I T E D
(i) Work at certain machines and transmission gear in motion :
operations obviously dangerous or declared so by the
Inspectorate ;
(ii) Cleaning machines in motion or t h e floor under them,
except current cleaning in the textile industry ;'
(iii) Point duty, coupling or uncoupling vehicles on rails.
(iv) Work which must be done so quickly t h a t the Inspectorate
considers it dangerous.
(v) Work at unfenced machinery. 5
1
Ibid. Provisions applying without distinction of sex in respect of powerful acids and
similar liquids.
' Ibid. Provisions applying also to men in certain specified cases (e.g. printing works).
• Safety Decree of 1916 : Prescribes measures to reduce the temperature when possible.
4
I bid. Provides that dangerous machines may not be cleaned or repaired while in motion.
B
Ibid. Provides that machines and transmission gear must be suitably fenced where
possible.
EMPLOYMENT ON DANGEROUS WORK
Reference
No.
III.
. ,
(b) S A F E T Y
321
„
MEASURES
Employment at specified machines permitted only if suitable
fencing is provided.
Protective clothing prescribed for work near machines involving
any danger.
N E W ZEALAND
A.
I.
II.
III.
IV.
V.
List of Regulations
Factories Act, No. 42, 1921, sees. 24 and 25.
Coal Mines Act, No. 39, 1925, sec. 66.
Mining Act, No. 15, 1926, sec. 256.
Shops and Offices Act, No. 46, 1921, sec. 10.
Act No. 53 of 1927, to amend the preceding, sec. 6.
G.
Unhealthy Work
(a)
(b)
I.
I, V .
H Y G I E N E MEASURES
In wet spinning, W must be 1protected against wetting, and
escape of steam prevented.
W may not take meals in any room in which a handicraft or
manufacturing process is being, or within the previous two
hours has been, carried on, nor may they remain in workrooms during meal intervals (except on authorisation by the
inspector, in factories where not more t h a n six W and
young persons are employed).
A fit and proper room must be provided for meals in shops
and factories where a specified number of W are employed.
D.
Heavy Work
(a)
(b)
UNDERGROUND W O R K
I, I I .
See below, (c).
I, I I .
All employment in mines prohibited.
(c)
(d)
IV.
1
OTHER HEAVY WORK
H Y G I E N E MEASURES
Seats must be provided in shops, one for each employee, and
female shop assistants may avail themselves thereof to a
reasonable extent.
Employment prohibited in case of contravention.
21
322
THE LAW AND W O M E N ' S
WORK
NICABAGUA
A.
List of R e g u l a t i o n s
Mining Code of 19 Feb. 1906, sec. 112.
B.
C.
(a) and (b)
D.
Heavy Work
(a)
(b)
UNDERGROUND W O R K
Prohibited in mines.
(c)
OTHER HEAVY W O R K
Prohibited :
All mining work
(d) E (a) and (b)
NORWAY
Reference
A . List of Regulations
JJo.
I. Act of 17 J u n e 1936 : Protection of workers, repealing the Acts
of 18 Sep. 1915, 11 July 1919 and 25 May 1925 (except
sec. 18 relating t o the protection of workers in industrial
undertakings, and sec. 18 of the Act of 1925).
I I . Act of 24 May 1929 (use of white lead, etc., in painting), sec. 3.
B.
I.
General Provisions
Cf. table in Ch. I l l : " M a t e r n i t y P r o t e c t i o n " , col. V I I I .
G.
(a)
II.
Unhealthy Work
EMPLOYMENT P R O H I B I T E D
As Convention No. 13.
(b) ; D (a),
(b),
(c),
(d) ; E (a) and (b)
___
PANAMA
A.
List of R e g u l a t i o n s
Administrative Code of 22 Aug. 1916, sec. 1035.
B.
General P r o v i s i o n s
W, ^respective of age, m a y not be employed as day labourers
at any work unsuited t o their sex or in excess of their
strength.
G (a), (b) ; D (a), (b), (c), (d) ; E (a), (b)
EMPLOYMENT ON DANGEROUS WORK
A.
I.
II.
III.
IV.
List of R e g u l a t i o n s
Act No. 2851 of 23 Nov. 1918 : Employment of women and
children, sees. 12, 19, 31.
Administrative Decree of 25 June-1921, sees. 17, 20, 35.
Decree of 29 J a n . 1926 : Industrial health and safety, sec. 3.
Decree of 15 J a n . 1936 : Mines, sec. 45.
B.
I.
General P r o v i s i o n s
Employment prohibited on all work which in the opinion of the
executive authority involves danger to health.
If it is shown by medical examination t h a t the employment of W
at a specified operation may harm their health, the compet e n t authority m a y order such employment to cease forthwith.
C.
(a)
II.
U n h e a l t h y Work
EMPLOYMENT P R O H I B I T E D
W under age :
Metals (smelting).
Harmful dust (ex).
Toxic substances (p, h).
Harmful vapours (ex).
(b)
II.
III.
H Y G I E N E MEASURES
Periodical inspection of premises by doctors, who may propose
the prohibition of certain work or the measures to be taken
t o render it inoffensive.
Supervision, by the Department of Industrial Hygiene, of W
employed in industrial and commercial establishments.
D.
(a)
II.
323
Heavy Work
CARRYING LOADS
W under age : Loading and unloading of excessively heavy loads
in ports prohibited.
(b)
UNDERGROUND W O R K
I, II, I V . Prohibited.
(c)
I, II.
Surface work at mines and quarries prohibited.
(d)
I.
OTHER HEAVY WORK
H Y G I E N E MEASURES
Seats must be provided in industrial and commercial establishments, for use if the work permits.
324
THE LAW AND WOMEN'S WORK
Reference
No.
_
_
E.
D a n g e r o u s Work
(a)
II.
_„
,
EMPLOYMENT P R O H I B I T E D
As France (but for W under age only).
Cranes, etc. (operation of).
Circular saws (work at).
Building (work on scaffolding over 10 metres above the ground).
Caustic, explosive and inflammable substances (ex).
(b)
SAFETY
MEASURES
Cf. C (b).
POLAND
A.
I.
II.
III.
IV.
V.
Act of 2 J u l y 1924 : Employment of women and young
persons, sees. 4 and 12.
Order of 3 Oct. 1935 : Prohibited operations.
Decree of 13 Sep. 1930 (use of lead compounds), sec. 12.
Decree of 27 Oct. 1933 : Employment of dockers at Gdynia.
Order of 1937 : Manufacture, etc., of tetraethyl lead.
B.
I.
II.
General P r o v i s i o n s
The Minister of Labour, in agreement with the other Ministers
concerned and after consultation with the trade associations
of employers and workers, issues lists, as required, of the
heavy, dangerous and unhealthy operations at which W
may not be employed.
The competent Minister, in agreement with the Minister of War,
may suspend the prohibition for certain operations in the
interests of national defence.
C.
(a)
I.
III.
II.
List of R e g u l a t i o n s
U n h e a l t h y Work
EMPLOYMENT P R O H I B I T E D
Harmful chemical processes.
As Convention No. 13 : use of 1, 2, 3, 4.
As Recommendation No. 4 : 2, 10 (a), 10 (b).
As Belgium (but for W of all ages) : 5, 1 6, 1 7 (p, u), 1 9.
As France : 17, 32, 1 37, 46 (c), 47 (f), 53 (f) ; (p, u) ; 3, 1 5, 1 6,1
11 1 25 x 43 x 50. 1
As Italy : (but for W of
all1 ages) : 5, 19 (u) 1 , 28 11, 33,1 37, 14 P , 145, 78
1
(sp. ops.), 79 (p), 80, 88, 89, 93, p, u : l, 6, 16, 54, 59.
As Spain (but for W of all ages) : 1, 6 (p, u), 1 9 (sp. ind.), 18,
24 (a), (b) ; 25 1(e), (aa)¿
1.
2.
3.
4.
5.
6.
7.
8.
9.
Acetone (p, u).
Nitrous acid (p, u).x •
Methyl alcohol (p, u). 1
Poisonous alcohols (p, u'
Aldehydes (p, u). 1 1
Formaldehyde (p, u).
Ammonium sulphide (p,
Arsenic (p, u). 1
Oxides of nitrogen (p).1
1
These may be done in laboratories by women who have completed the appropriate
studies.
EMPLOYMENT ON DANGEROUS WORK
325
Reference
No.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
53.
Wood (distillation).
„
(bronzing).
Woods, toxic (treatment of).
Bromine (p, u). 1
,,
compounds (p, u). 1
Rubber (sp. op.). 1
Carbide (p). 1
Cellulose (p).
Ketones (p, u). 1
Chloral (p). 1
Chlorine compounds (p, u). 1
Chloroform (p). 1
Chromium compounds (u), in galvanisation.
Coke ovens (production departments).
Harmful pigments (p).
Cyanogen compounds (u), in galvanisation.
Dicyanogen (p, u). 1
/
Gilding.
1
Esters (p, u).
Ferromanganese (p). 1
Ferrosilicon (p). 1
Fluorine (p, u). 1
,,
compounds (p, u). 1
Natural gas (purification).
Harmful gases (p). 1
Hydrocarbons of the fatty series, halogen derivatives (p) -1
Hydrocarbons of the aromatic series (u). 1
Hydrocarbons of the
,,
,, , homologues (u). 1
Hydrocarbons of the
,,
,, , derivatives (u). 1
Iodine (p, u). 1
Iodine compounds (p, u).
Harmful liquids (p, transport, storing). 1
Organic medicaments (p). 1
Toxic
,,
(p). 1
Mercury (p, u).
Mercury amalgams (p, u).
Mercury pigments (p, u).
Animal charcoal (u) in sp. ind.
Organic perfumes (p). 1
Phosgene (p, u). 1
Lead (p, u).
Lead alloys (p, u).
Lead ore (roasting).
Printing industries (all work except sp. op., i.e. drawing,
retouching, laying-on and taking-off).
54. Potassium sulphide (p, u). 1
55. Harmful dusts (p, transport, storing). 1
56. Sodium sulphide (p, u). 1
57. Artificial silk (all work except certain sp. op.—sorting,
packing and storage of cellulose and cotton, and
accessory work, etc.).
5 8 . Toluene (u). 1
59. Peat (distillation).
1
These may
inlaboratories
by women
ha ve completed
the appropriate studies.
60.be done
Toxic
substances
(u), inwho
pottery
industry.
6 1 . Varnishes (p).
62. Xylene (u). 1
6 3 . Zinc ore (roasting).
V . Lead, tetraethyl (p).
Cf. also table in Ch. I l l : " Maternity Protection ".
326
THE LAW AND WOMEN'S WORK
Reference
No.
II.
(b) HYGIENE MEASURES
' '
1.
2.
Dust removal by exhaust in glass polishing and dry dressing
of stone.
Ventilation in use of harmful pigments.
D.
(a)
I.
IV.
II.
Heavy Work
CARRYING LOADS
Prohibited :
Transport of heavy objects.
Loading and unloading ships at Gdynia.
For W over 18 years of age,2 in all establishments, except village
dairies, handling under 1,000 litres of milk a day, the following :
(1) lifting, carrying or pushing loads of
(a) over 30 kg.
(b) over 15 kg. on an inclined plane.
(2) conveying loads, including the weight of the vehicle, of
(a) over 400 kg. on vehicles propelled b y hand on
rails or on a firm, smooth and level surface ;
(b) over 50 kg. on wheelbarrows ;
(c) over 100 kg. on handcarts ;
(d) all such conveying prohibited, uphill or on a
surface into which the wheels sink.
Cf. also table in Ch. I l l : " Maternity Protection ".
(b)
I, I I .
l
UNDERGROUND W O R K
Prohibited in mines.
(c)
OTHER HEAVY WORK
Employment in the following prohibited :
Wood industry (sp. op.).
Underground cables (laying).
Stone quarries.
Excavations.
Open mine workings.
Pottery industry (sp. op.).
Glass works (sp. op.).
Sewers (construction, repair).
Wells (
„
„ ).
Metal industry (blast furnaces, foundries, forges).
Paving.
Sugar factories and refineries (sp. op.).
Transport (railways, tramways, omnibuses, ships: employment
as driver, engineman, fireman or trimmer ; moving, coupling
and uncoupling rolling-stock by hand).
Cf. also table in Ch. I l l : " Maternity Protection ".
(d)
1
Employment prohibited in case of contravention.
* Lower limits for younger women.
327
EMPLOYMENT ON DANGEROUS WORK
Reference
No.
(a)
II.
I, I I .
_
_.
E.
D a n g e r o u s Work
„.
,
EMPLOYMENT P R O H I B I T E D
As Italy (but for W of all ages) : E (b), 1 (p, u), 3, 6, 7.
Lifts (installation, maintenance).
Hoists, factory and goods (operation).
Derricks (work near), in petroleum industry.
Scaffolding (erecting, dismantling).
Gas generators (work at).
Hand-fed woodworking machines (operation).
Windmill sails (attending and repairing).
Riveting boilers and iron receptacles and structures.
Transmission gear (operation, maintenance).
Cf. also table Ch. I l l : " Maternity Protection ".
(b)
PORTUGAL
A.
List of R e g u l a t i o n s
I.
Decree No. 14498 of 29 Oct. 1927 : Employment of women and
children, sees. 3, 10, 12, 13, 22.
I I . Decree No. 14535 of 31 Oct. 1927 1 to administer Decree No.
14498, sec. 6.
I I I . Legislative Decree No. 24402 of 24 Aug. 1934 : Hours of work,
sec. 7.
I V . Orders issued under Legislative Decree No. 24402, of :
1. 14 Aug. 1935 : H a t i n d u s t r y ;
2 . 3 Oct. 1935 : Canning i n d u s t r y ;
3 . 7 Aug. 1936 : Loading and unloading on the Douroriver.
YW(a).
Binding collective agreement for the fish-canning industry of
the Setubal district, approved on 26 Aug. 1937.
Portuguese Native Labour Code of 6 Dec. 1928, sec. 347.
African
Colonies.
B . General Provisions
I.
1.
W may not be employed otherwise t h a n in light work
of short duration.
2. Special regulations shall specify operations in which women's
employment is allowed only on certain conditions or
prohibited.
As 1, 2, in industry and commerce.
III.
V.
Portuguese
African
Colonies.
W may not do work which only adult males are fit to
perform.
C.
(a)
II.
U n h e a l t h y Work
EMPLOYMENT P R O H I B I T E D
As Recommendation No. 4 ,: 2, 5, 6, 7 (a), (c) and
As Belgium (but for W of all ages) : 2, 3, 5, 10.
(ä).
1
Decree No. 14535 was repealed by Decree No. 24402 of 1934 on hours of work ; but by
an Order of 18 Sep. 1934 the employment of women on the work specifled in Decree No.
14535 is still prohibited.
328
THE LAW AND WOMEN'S
WORK
Reference
No.
As France : 1, 3, 6, 7, 9, 10, 11 (p), 12, 13 (a) and (b), 14, 16,
17, 18, 19, 22, 24, 25, 27, 28, 29, 32, 33, 35 (sp. ind.), 36 (c)
and (d), 37, 38, 39, 43, 44, 46 (c), 47 (b) and (f), 49, 50 (p),
50 (a) and (b), 52, 53 (c).
As Spain (but for TV of all ages ) : 1, 6 (sp. ind.), 15.
Acids, vapours, cold storage chambers.
Old cans (smelting).
F a t t y liquids (extraction of oils from).
Ores (smelting).
Nitrate of iron.
Skins (hand pulling of fur ; currying).
Lead processes, in bleaching lace.
Lead compounds (grinding of white lead).
Quartz (crushing and milling).
Tartar (calcination).
Turpentine (distillation).
(b)
I, I I .
II.
IV. i .
H Y G I E N E MEASURES
Safeguarding of health in industrial establishments by medical
officers, who are required t o vaccinate W workers and order
their employment to be reduced, changed or suspended in
case of ill-health or lack of strength.
(Cf. also table in Ch. I l l : " M a t e r n i t y Protection ", col. VIII.)
As France : 3.
Removal by exhausts of dust (in metal grinding and polishing)1
and of dust and fumes (in treatment of rags with acids).
Permits required for admission t o employment a t sorting,
machine-sewing and bowing in the hat industry, which
is permitted if the machinery is appropriate and the effort
required not too great.
D.
(a)
IV. 3.
IV(a).
I.
IV. 2 .
Heavy Work
C A R R Y I N G LOADS
Prohibited :
Employment at loading and unloading on the Douro river,
except in case of shortage of male labour (the number of W
now so employed to be gradually reduced).
Unloading and transport of fish or cans in canning factories,
washing implements or reservoirs, etc.
(b)
UNDERGROUND WORK
(c)
OTHER HEAVY WORK
Prohibited.
Prohibited :
Employment at machines which, according to the collective
agreements in force, should be operated by adult male
workers only (fish-canning industry).
(d)
H Y G I E N E MEASURES
Cf. C (b).
1
Employment prohibited in case of contravention.
EMPLOYMENT
Reference
No.
(a)
II.
IV(a).
ON DANGEROUS
_
_
E.
D a n g e r o u s Work
.,,
WORK
329
,
EMPLOYMENT P R O H I B I T E D
Fireworks (p).
At depots of inflammable liquids.
At various machines for sealing cans in the
industry.
fish-canning
(b)
RUMANIA
A.
I.
II.
Ill
IV.
V.
List oi R e g u l a t i o n s
Mines Act of 3 J u l y 1924, as amended by Act of 27 Mar. 1929 ;
sec. 81.
Act of 9 April 1928 : Employment of young persons and women,
sees. 19 and 20, and Administrative Decree of 30 J a n . 1929,
sees. 22 and 23.
Ministerial Decision No. 43,676 of 23 May 1930 : Use of white
lead, sec. I I I .
Ministerial Decision No. 35,625 of 7 J u n e 1932 : Accumulator
industry, sec. 6.
Decree No. 130 of 31 J a n . 1933 : Use of lead, sec. 8.
B.
II.
1.
2.
General Provisions
W may not be employed on unhealthy or dangerous work.
After consulting the Superior Labour Council and the
Superior Health Board, the Minister of Labour specifies
unhealthy and dangerous industries, and in general all
industries likely to be detrimental t o the physical health
of W.
G.
(a)
III.
IV.
V.
U n h e a l t h y Work
EMPLOYMENT P R O H I B I T E D
As Convention No. 13.
As Recommendation No. 4 : 10 (a).
Ditto, 7 (a), 7 (h) (p, u), 10 (c).
(b)
D.
Heavy Work
(a)
(b)
I, I I .
UNDERGROUND W O R K
Prohibited in mines and quarries.
(c), (d) ; E . (a),
(b)
330
THE LAW AND WOMEN'S WORK
Reference
_„
No.
SPAIN
A.
I.
II.
III.
IV.
List of R e g u l a t i o n s
Decree of 25 J a n . 1908 : Prohibited work for children and for
women under age.
Act of 27 Dec. 1910 : Hours of work in mines, sec. 14.
Decree of 19 Feb. 1926 : White lead, sec. 3, and Administrative
Decree of 28 May 1931, sec. 5.
Act of 27 Feb. 1912 : Seats.
B.
G.
(a)
1
1
U n h e a l t h y Work
EMPLOYMENT
PROHIBITED
W under age :
As Recommendation No. 4 : 7 (a)-(d) and (f) ; 10 (a).
As France:
1, 2, 3 2 , 4 2 , 5, 6 (a)2, 7, 10, 11 (a)2, (b)2, 122, 13 (a)2,
(b)2, (c), 2(d)2, (e), (f)2, (g)2, 14, 16, 19, 20, 21 (sp. ind.) 21 ,
23, 25, 26 , 28, 29,
30, 32-34
(singeing
and gassing cloth) 1,
2
2
35 (p, in sp. ind.), 2 36 (a),
(b),
(d), 38, 43, 45 (c),
46 (a),
2
2
(e),* 47 (a)? (e)? 48, 49, 50 (p), 50 (a)? (b)2 51, 52, 2
53 (a)? (b)? (c), (d)? (e), (f),*- 54 (a).
As Belgium : 5, 6, 7, 9.
1.
Slaughterhouses
2 . Acetic acid (p) 2
3 . Alcohol, in p of varnishes 1
4 . Caustic alkalis (p)
5 . Matches (p)
6. Ammonia (p)
7. Aniline derivatives (p)
8. Arsenic pigments (p)
9.
„
,,
, in painting toys
10. Arsenites (p)
11. Silk (removal of thread from cocoons)
12. Copper (polishing)
13.
„
and alloys (casting, assembling)
14.
,, compounds (crushing, milling) 1
15. Electroplating (of gold, silver, nickel)
16. Tar oils (p)
17. Essential oils, in sp. ind. 1
18. Metals, precious and other (refining) 2
19. Charcoal (in crushing residue from distillation of
oil shale) 2
20. Petroleum (p)
2 1 . Petroleum oils, in cleaning 2
22. Metallic lead (p)
2 3 . Lead and alloys (casting, assembling)
24. Lead in :
(a) type-founding
(b) pottery industry 1
Employment and presence
prohibited in workshops used for these operations.
(c) painting
Employment and presence
prohibited toys
in workshops where fumes are given off or acids
manipulated.
EMPLOYMENT ON DANGEROUS WORK
25.
26.
27.
28.
29.
30.
31.
Reference
No.
I.
331
Dust arising, sp. op. in connection
(a) alabaster 1
(b) hemp 1
1
(c) felt hats
(d) lime 1 ;
1
(e) cement
(f) horn 1
(g) cotton 1
{h) hair 1
(i) drugs 1
(j) varnished
felt 1
(k) jute 1
(I) wool11
(m) cork1
(n) flax
(o) marble 1
(p) minerals 1
(q) mother-of-pearl 1
(r) bones 1
(s) skins 11
(I) stone
(u) pipes for smoking 1
(v) plaster 1 1
(w) feathers
(x) pozzolana, artificial 1
(y} pigs' bristles 1
(z) silk 1
(aa) sulphur 1
(bb) tobacco
(cc) tanning 1
Shale oil (p)
,, ,, (distilling, refining)
Canning (sealing cans) 1
Toxic substances, in p . of tinfoil 1
Varnishes (in sp. ind.) 1
Zinc white (combustion of metal) 1
(b)
H Y G I E N E MEASURES
W under age :
As France : 1, 2.
D.
H e a v y Work
(a)
(b) UNDERGROUND W O R K
II.
All W irrespective of age :
Underground work of every sort prohibited.
(c)
I.
1
OTHER HEAVY WORK
W under age :
Mining industry, sp. op. prohibited.
Employment and presence prohibited in workshops used for these operations.
332
THE LAW AND WOMEN'S WORK
Reference
No.
IV.
(d) H Y G I E N E M E A S U R E S
' '
Seats must be provided in shops, offices, etc., and in all nonindustrial undertakings, the number equalling t h a t of the
W employed.
E.
(a)
I.
D a n g e r o u s Work
EMPLOYMENT PROHIBITED
W under age :
As France : IV.
1. Celluloid (p)
2 . Collodion (p)
3 . Electricity (p, transformation, distribution : sp. op.)
4 . Explosives (p, u).
(b)
SWEDEN
A.
I.
II.
III.
List of R e g u l a t i o n s
Act of 12 J u n e 1912 : Protection of workers, as amended by Act
of 12 J u n e 1931, sees. 16 and 22.
Royal Order of 7 April 1916: Prohibiting employment of women
under age 21 at loading and unloading ships over a certain
tonnage, sec. 1.
Act of 19 Feb. 1926 : Use of lead pigments, sec. 2.
B.
I.
General P r o v i s i o n s
Royal Orders m a y be issued prohibiting, or attaching certain
conditions t o , t h e employment of W on operations involving
special risk of accident or which are particularly unhealthy
or trying.
G.
(a)
III.
U n h e a l t h y Work
EMPLOYMENT PROHIBITED
As Convention No. 13.
(b)
D.
(a)
II.
CARRYING L O A D S
F or W underll years of age: Employment at loading or unloading
vessels of 80 tons or more is prohibited.
(b)
I.
H e a v y Work
UNDERGROUND WORK
Prohibited in mines and quarries.
(c),
(d) E. (a), (b)
EMPLOYMENT ON DANGEROUS WORK
Reference
333
SWITZERLAND
No.
Â.
I.
II.
III.
IV.
V.
List of R e g u l a t i o n s
Federal Factory Act of 18 J u n e 1914, sec. 65.
Order of 3 Oct. 1919 to administer the Factory Act, sec. 183.
Federal Act of 31 Mar. 1922 : Employment of young persons
and women in arts and crafts, sec. 8.
Order of 2 Mar. 1928 : Accident insurance : protection against
lead poisoning, sec. 8.
Federal Decree of 18 Feb. 1937 : Crews of ships on the Rhine.
B.
I.
III.
General P r o v i s i o n s
The Federal Council specifies :
The branches of industry and the operations in which the
employment of W is prohibited.
In arts and crafts, the unhealthy operations inwhich the employment of Wis prohibited or made subject to certain conditions.
G.
(a)
II.
1.
2.
IV.
1.
2.
3.
4.
5.
U n h e a l t h y Work
EMPLOYMENT P R O H I B I T E D
Operations exposing the worker to serious risk of poisoning.
Tobacco industry (work in the drying rooms of cigar
factories).
As Convention No. 13.
Lead, Chromate of (painting).
,,
,,
„, products containing (painting).
Lead, red (painting).
,,
,,, products containing (painting).
(b)
D.
(a)
II.
H e a v y Work
CARRYING LOADS
Prohibited:
1. Lifting, carrying or moving heavy loads.
2 . Carrying work in the glass industry.
(b)
(c)
OTHER HEAVY WORK
Prohibited :
1. Attending to hoisting gear (if heavy work).
2 . Work involving exposure to violent shocks.
3 . Work in front of ovens (glass industry).
(d)
H Y G I E N E MEASURES
In order t h a t she may replace a ship's boy on a Rhine vessel not
exceeding a certain tonnage, a W must be not less t h a n
21 years old and have the necessary physical qualifications.
334
THE LAW AND WOMEN'S
Reference
__
_
No.
E.
D a n g e r o u s Work
(a)
II.
1.
2.
3.
4.
5.
6.
7.
_„
WORK
,
EMPLOYMENT P R O H I B I T E D
Steam apparatus, not used for generation of power
(attending to).
Steam apparatus under a pressure of over 1 atmosphere
(attending to).
Steam boilers (attending to).
Belts (placing on moving pulleys).
Electricity (sp. ops. in production, transformation and
distribution).
Notoriously dangerous machines (work at).
Engines, except small hydraulic and electric (attending to).
(b)
TURKEY
A.
I.
II.
Act No. 1593 of 24 April 1930 : Public health, sec. 179.
Labour Code of 8 J u n e 1936, sees. 49, 58.
B.
I.
II.
List of R e g u l a t i o n s
General P r o v i s i o n s
The unhealthy and dangerous operations in which W may not
engage will be specified in the Labour Code.
Before t h e Code has been in force for 6 months (Code to come
into force a year after promulgation), the dangerous and
unhealthy operations in which W m a y not engage will be
specified by Orders of t h e Ministry of Health and Social
Welfare.
Cf. also the table in Ch. I l l : " Maternity Protection ".
C.
(a) and (b)
D.
Heavy Work
(a)
(b)
II.
WORK
Prohibited : in mines and during the laying of cables and the
construction of sewers and tunnels.
(c)
II.
UNDERGROUND
OTHER HEAVY WORK
Prohibited : work under water.
(d) E. (a) and (b)
U N I O N OF S O U T H A F R I C A
A. List of R e g u l a t i o n s
Factories Act No. 28, 1918, sees. 19 and 20 ; Act No. 26, 1931,
to amend the Factories Act, sec. 7.
EMPLOYMENT ON DANGEROUS WORK
335
Reference
No.
II. Act No. 26, 1934 (slaughterhouses), sec. 8.
I I I . Mines and Works Act No. 12, 1911, sec. 8.
G.
(a)
II.
I.
U n h e a l t h y Work
EMPLOYMENT P R O H I B I T E D
Slaughterhouses.
White lead (p).
,,
,, (grinding paints or articles containing).
Silvering of mirrors by mercurial process.
(b)
H Y G I E N E MEASURES
No female may take a meal in a room while any manufacturing
process is being carried on therein, or do any work in a
factory during intervals set apart for her meals.
D.
Heavy Work
(a)
(b)
III.
UNDERGROUND W O R K
Prohibited.
(c)
(d)
I.
H Y G I E N E MEASURES
As Great Britain : 3 (seats).
E.
(a) (b)
U.S.S.R.
A.
I.
II.
III.
IV.
V.
VI.
VII.
List of R e g u l a t i o n s
Labour Code of 1922, sees. 12 and 129.
Order No. 177 of 17 May 1930 : Prohibition of dangerous employment, sees. 2-6.
Order No. 118 of 10 April 1932: Prohibition of dangerous employment.
Order No. 145 of 14 Aug. 1932 : Maximum limits for loads.
Order of 17 May 1922 : Construction and maintenance of undertakings in the clothing industry, sec. 4.
Order No. 110 of 9 May 1931 : Women tractor and lorry drivers.
Order of 3 Mar. 1936 : Participation of farm population in road
building and repair.
See also table in Ch. I l l : " Maternity Protection ".
336
THE LAW AND WOMEN'S WORK
Reference
No.
B. General Provisions
I. A list of specially heavy and unhealthy occupations in which
the employment of W is prohibited together with provisions
restricting the carrying of weights by W are issued by the
People's Commissariat of Labour, in agreement with the
All-Russian Council of Trade Unions.1
I I . In pursuance of an agreement between the economic authorities
and the trade union, approved by the labour inspector, the
employment of W may also be prohibited in other processes
not enumerated in the list, if these necessitate strenuous
physical effort. On the other hand, the People's Commissariats of Labour of the United Republics may, in exceptional
cases in view of local conditions, authorise the employment
of W in processes enumerated in the list.
G. Unhealthy Work
(a)
III.
EMPLOYMENT
PROHIBITED
As Recommendation No. 4 : 7 (a), (c), (f), (p* h); 10 (a), (b).
As France : 3, 5 (fumes, ex), 6, 12, 14, 15 (p, h), 22*, 25 (sp. op.),
43, 50 (p).
Compressed air (caisson work).
Aniline, salts and mordants (p).
,,
and paranitroaniline (p, h).
Arsenic (p)*.
,, ores containing (hand crushing, calcining and roasting)*.
„ compounds (p)*.
Arsenical and arsenious salts (p)*.
Asphalt (boiling).
Benzene (p)*.
Rubber (sp. op.).
Carbide (sp. op.).
Chlorine, in paper industry.
,,
compounds, in treatment of precious metals.
Hypochlorites (p).
Coke (charging ovens).
Cyanogen compounds, in treatment of precious metals.
Sewers (cleaning).
Gas mains (cleaning).
,, retorts at gas works (charging and drawing).
Mercury (u) in p of carbon disulphide*.
,,
compounds (p)*.
Metals (smelting, rolling).
Phosphorus compounds (p)*.
Lead (tinning, tempering in lead baths, cold working,
lead
sheathing of cables, sp. op. in printing industry). 2
Lead articles (smelting*, rolling, stamping, etc.).
Sodium sulphide (p).
Sulphur, ores containing (hand crushing, calcining and roasting).
Tanneries (transport of hides and skins).
Trinitrotoluol (p).
Glass (blowing).
1
The last list (Order No. 118 of 1932) was issued provisionally " pending the detailed
investigation of the conditions of employment of women under the changed industrial
conditions
".
a
Women may be employed at work in the stereotyping department, provided it is
isolated from the casting operations and the preparation of stereotype plates.
E M P L O Y M E N T ON D A N G E R O U S
WORK
337
Reference
No.
II.
W engineer technicians and public officials on probation are
exempted from the above prohibitions of employment except
as regards the items marked with an asterisk in addition to
smelting of lead.
(b)
D.
(a)
IV.
Heavy Work
CARRYING
LOADS
For W over 18 years of age :
Maximum load
(excluding vehicle).
kg.
Carriage by hand on a level surface :
20
1
Transport on wheelbarrow (maximum gradient,
0.02) :
50
Transport on hand trucks with three or four wheels
(maximum gradient on uneven surface, 0.01 ) :
100
Transport on hand trucks with two wheels :
(a) on smooth floor (maximum gradient 0.02) :
115
(b) on uneven surface (maximum gradient
0.01) :
60
Transport in trucks on rails (maximum gradient,
0.01) :
600
(b)
I.
II.III.
UNDERGROUND
(c)
III.
OTHER
HEAVY
WORK
Prohibited :
Slaughterhouses (work of slaughterer).
Building (sp. op.).
Wood industry (felling, floating, etc., sp. op.).
Stone-breaking.
Boilers and furnaces (sp. op.).
Well-sinking.
Diver's work.
Transport industry (railways, heavy road vehicles, river and sea
transport : employment as firemen, drivers,* seamen,
helmsmen, and other sp. op.).
Cf. also table in Ch. I l l : " Maternity Protection ".
(d)
V.
WORK
Prohibited as a general rule.
,,
in mines (except for W engineer technicians and
civil servants on probation). 2
HYGIENE
MEASURES
Monthly rests :
1. Two days' rest a month in the clothing industry (W employed a t treadle machines without mechanical power,
and W ironers).
1
I.e. the ratio of the m a x i m u m height of the rise to the length of the r u n w a y .
' A t the beginning of 1933, the Scientific Council of the Commissariat of Labour, and t h e
Institute entrusted with a scientific s t u d y of economic labour problems decided, in view
of the progress of mechanisation, in favour of the partial abolition of the prohibition of t h e
employment of women in underground work in coal mines. In practice, m a n y women are
employed in underground work.
• Except for a period of industrial apprenticeship, on condition t h a t the women in question
are provided with special clothes and have sufficient rest. In 1938, t h e prohibition t o
employ women as firemen and drivers on railways was abolished.
22
338
THE LAW AND WOMEN'S WORK
Reference
No.
VI.
VII.
I.
VII.
2.
Three days' rest a month, on submission of a medical
certificate ; transfer to lighter work, with maintenance of
average earnings and, in event of total exemption from
work, benefit for temporary incapacity (W drivers of
tractors and lorries not fitted with soft spring seats).
W tractor drivers may be employed on wheel tractors only if
there are no caterpillar tractors, or not enough ; they must
undergo a monthly medical examination, after which they
may be transferred to other employment or dismissed.
Lower age limit for W t h a n for men (45 for men ; 40 for W) :
For compulsory labour ;
For road repair work (participation of farm population).
E.
(a)
III.
D a n g e r o u s Work
EMPLOYMENT P R O H I B I T E D
Extinction of fires.
Cleaning of projectiles and charging with trinitrotoluol.
Sp. op. on railways (coupling, various maintenance work, etc.).
(b)
URUGUAY
A.
I.
II.
List of R e g u l a t i o n s
Act of 21 J u l y 1914 : Accident prevention, sec. 4.
Act of 10 J u l y 1918 : Seats, and Administrative Regulations
No. 929/918 of 26 J u n e 1935.
B.
G.
(a) and (b)
D.
Heavy Work
(a), (b) and (c)
(d)
II.
Seats must be provided in industrial and commercial establishments employing W.
E.
(a)
I.
H Y G I E N E MEASURES
D a n g e r o u s Work
EMPLOYMENT P R O H I B I T E D
Machinery in motion, dangerous transmission gear and other
dangerous machines (upkeep).
(b)
EMPLOYMENT ON DANGEROUS WORK
339
VENEZUELA
A.
List of R e g u l a t i o n s
Labour Act of 15 J u l y 1936, sees. 73 and 74. 1
B.
General P r o v i s i o n s
The employment of W on unhealthy, heavy and dangerous
work as specified by the Federal authority is prohibited. 1
G.
(a)
U n h e a l t h y Work
EMPLOYMENT P R O H I B I T E D
As Convention No. 13.
(b)
D.
Heavy Work
(a)
(b)
UNDERGROUND WORK
Prohibited in mines.
(c)
OTHER HEAVY WORK
Cf. table in Ch. I l l : " Maternity Protection ".
(d) E.
(a) and (b)
YUGOSLAVIA
Reference
I.
II.
III.
A.
Act of 28 Feb. 1922 : Protection of workers, sec. 33.
Regulations of 25 Oct. 1921 : Hygiene and safety measures,
sees. 84, 135, 136, 158, 229.
Regulations of 7 May 1931 : White lead, sec. 5.
B.
I.
General P r o v i s i o n s
The Ministry of Social Affairs prescribes the conditions under
which W may be employed in unhealthy undertakings,
and is empowered to prohibit such employment.
G.
(a)
III.
IV.
List of R e g u l a t i o n s
U n h e a l t h y Work
EMPLOYMENT P R O H I B I T E D
As Convention No. 13.
As Recommendation No. 4 : 3, 10
(a).
1
Regulations establishing a list of occupations at which employment of women is
prohibited were issued on 30 Nov. 1938.
340
THE LAW AND WOMEN'S WORK
As France : 46 (a), (b), (c).
Lead (refining)
,, (cupellation)
,, compounds (p)
„ pigments (p)
., in pottery industry
,, in printing industry 1
„ in manufacture of lead alloys, etc.
,, in any other industry
Glass (melting, blowing)
Zinc (refining).
(b) D.
(a),
E.
(q),
(c) and (d)
_
D a n g e r o u s Work
(a)
Reference
No.
II.
(¿> 1 SAFETY MEASURES
'
All persons (and particularly W) employed in rooms where
transmission gear and machine-tools are installed must
wear close-fitting garments and special head-covering to protect
the hair if long.
1
Except women over 18 years of age at bronzing machines, and other specified operations,
and women and girls already employed in the printing industry for several years.
CHAPTER VII
EMPLOYMENT ON WORK INVOLVING
MORAL DANGERS
Some legal restrictions on the employment of women, far less
common than those which look to their physical protection,
restrict their employment under conditions which seem likely
to impair morals. Restrictions of this sort are of various kinds.
Sometimes there is a general recommendation, such as that
contained in the French Labour Code (Book II), which makes
the heads of industrial and commercial establishments where
women are employed responsible for " seeing to the maintenance
of morality and the observance of public decency ". Similar
provisions are to be found in the legislation of Austria, Bulgaria,
Czechoslovakia, Hungary, Venezuela, etc.
A public authority is sometimes empowered to issue regulations defining the conditions in which women may be employed
on certain kinds of work that may involve moral dangers, or
prohibiting such employment altogether. There has been such
delegation of power in France, Germany, Greece, Hungary, the
Netherlands and elsewhere. It may be added that the power
thus assigned is not always made use of.
Some legislation prohibits in general terms the employment
of women on work involving moral dangers without defining the
extent of the prohibition ; this is the case in the law of Bolivia,
Chile, Hungary, Peru, Poland, Portugal, United States (some
States), Venezuela, etc.
Finally, there are laws prohibiting the employment of women
on specified kinds of work in view of the effects which the work
is thought to involve for the women themselves or for public
morals ; or again, the conditions in which women may be
employed on certain kinds of work may be specifically regulated
for the avoidance of moral risks.
The rules laid down for such purposes in laws and administrative orders are very diverse and do not show a similarity in
342
THE LAW AND WOMEN'S WORK
the legislation of various countries as regularly as do other
regulations mentioned in this report. Moral considerations for
the prohibition of a given type of employment can often be
deduced, even when they are not explicitly stated. It seems very
likely that a moral purpose underlay the adoption of certain
Canadian legislation prohibiting the employment of white women
in undertakings run by Orientals. Note may also be taken of
the German Act of 15 September 1935 prohibiting the employment by Jews of Aryan women under 45 years of age as domestic
servants. 1 Another provision of a very, different kind, which is
to be found in the United States (Ohio, Pennsylvania), to the
effect that women shall not be employed in inspecting gas-meters
at the houses of subscribers, is probably also based on moral
grounds.
Moral reasons more obviously account for» the prohibition
of the employment of women in serving intoxicating liquors in
public houses, whether it applies to all women irrespective of age
(Argentina, Bolivia, Ecuador, Mexico, Poland, Venezuela) or
only to women under age (Brazil).
Sometimes the sale of a
particular alcoholic drink is prohibited, more especially beer
(several Canadian Provinces), or the serving of customers in
specified establishments, such as military canteens and soldiers'
hostels (German Order of 31 July 1936). Hungarian legislation
contains similar but stricter provisions, prohibiting the employment of women not only in public houses but in the hotel industry
generally ; Order No. 155102 of 30 December 1930, as amended
by Order No. 6991 of 8 February 1933, not only prohibits the
employment of women under twenty-four years of age in public
houses, but also that of women under twenty as waitresses or
barmaids in restaurants, cafés, tea-rooms, etc., and the employment of women under forty as chambermaids in hotels and boarding-houses. Sometimes local authorities are given power to take
such measures as they see fit in regard to the serving of intoxicating liquors by women. In Italy, for instance, the prefects
have such power, originally under the Legislative Decree concerning public safety, but subsequently under the Act of 1934
concerning the protection of women and children.
The printing, distribution or sale of obscene literature has
also been dealt with in some regulations concerning the employment of women (France, Mexico, Spain).
1
Similar regulations have been issued in 1938 in Italy and in Rumania.
WORK INVOLVING MORAL DANGERS
343
Street trading is covered by several enactments (Brazil,
Peru) ; so is selling at stalls outside shops. The hour at which
an occupation is pursued on a public highway is sometimes taken
into account (France, Decree of 1913). The employment of
women in a somewhat similar occupation, that of hotel messengers, is prohibited in some of the States of the American Union
(Ohio, Washington).
The protection of morals has also inspired a great many
regulations that deal with living-in conditions and the arrangement of workplaces.
In view of the conditions of work in agriculture, where groups
of seasonal workers, and also permanent workers, are very
frequently given housing accommodation by the employer, the
Recommendation (No. 16), adopted by the International Labour
Conference at its 1921 Session, concerning living-in conditions of
agricultural workers, suggests that provision should be made for
separation of the sexes, and several national laws and regulations
contain a clause to this effect. It cannot be said that such a
rule applies specially to women, any more than do many other
rules concerning decency in workplaces, for instance the rule,
frequently found in industrial health regulations, that separate
cloak-room and lavatory accommodation shall be provided for the
two sexes, and the less common rule that there shall be separate
workshops for the two sexes in establishments where certain
therapeutic appliances and equipment for sexual hygiene are
manufactured (Finland, Germany, Netherlands).
A living-in clause that applies specially to women is sometimes
found in laws and regulations concerning contracts of employment and contracts of apprenticeship : it provides that the
contract of a girl under age, or sometimes even of any woman,
irrespective of age, may be terminated without payment of
compensation if, owing to divorce, death or any other cause, the
employer's wife or the woman who acted as housekeeper when
the contract was concluded no longer belongs to the household
(Belgium, France).
Sometimes a girl apprentice is not only entitled to break her
contract if called upon to live in her employer's household when
he no longer has a wife or housekeeper, but an employer who is
a bachelor or widower or is divorced or separated from his wife
is forbidden to have a female apprentice under age resident or
boarding in his house (France, Hungary).
The same idea of moral protection led to the inclusion in the
344
THE LAW AND WOMEN'S WORK
Franco-Polish
Protocol of October 1928, supplementing the
Emigration and Immigration Treaty, of a provision making the
French authorities responsible for seeing t h a t no Polish woman
worker under t h i r t y years of age was placed in isolated
employment on a French farm. Various other measures of
protection have t o be t a k e n for younger women workers. 1
Other protective measures in the same category are those
contained in the laws of various Canadian Provinces requiring
special permits to be obtained before women m a y be engaged
for work involving residence in a camp or in certain public
establishments.
Lastly, in view of a risk to which a large n u m b e r of young
working women who live far from their homes a n d w i t h o u t
adequate moral support are undoubtedly exposed, special
interest attaches to a very uncommon clause t h a t appears in the
Austrian Act of 26 F e b r u a r y 1920 2 concerning domestic servants.
I t states t h a t domestic servants m u s t be provided with a suitable
room t h a t cannot adversely affect either their health or their
morals and t h a t can be locked. This last requirement appears
fairly frequently in the few existing laws and regulations t h a t
deal with domestic service.
As is natural, regulations t h a t afford protection against moral
dangers, e.g. by prohibiting the sale of intoxicating liquors,
hawking on public highways, etc., are in several countries
applicable only to women under age : sometimes t h e y apply
to boys as well as to girls. The International Labour Conference
decided on a measure of this kind when a t its Twenty-first
Session it dealt with the promotion of seamen's welfare in ports.
The Conference recommended t h a t y o u n g persons of either sex
under a certain age, to be determined by t h e national authorities,
should not be employed in selling intoxicating liquors at public
houses in ports.
Measures of the kind described above m a y clearly be of value
for young persons who m a y be unable to resist bad influences,
b u t the formation of character and self-control provide the best
protection for adults. Owing to changing habits and the growth
of t h e sense of responsibility among women who have become
1
Cf. INTERNATIONAL LABOUR OFFICE : Migration Laws and Treaties,
Vol.2 Ill, pp. 142-146.
A further measure for the protection of female domestic servants
under age was instituted by an Act of 11 Dec. 1936 prohibiting employment by any person who could seriously be suspected of immorality.
WORK INVOLVING MORAL DANGERS
345
used to independence, in some countries measures of this sort
which were formerly part of the law have been allowed to fall
into disuse or have even been expressly repealed as no longer in
conformity with modern ideas. For instance, the provision
authorising the issue of regulations to prohibit the employment
of women on work involving moral danger was deleted when the
Swedish Labour Protection Act was revised in 1931 ; and the
Persian Decree of 1923 prohibiting mixed workshops for both
sexes in carpet factories is no longer applied.
Since the rather diverse regulations which might have been .
dealt with in the present chapter apply only in what are virtually
exceptional cases and only to a limited number of persons, and
since most of these regulations aim at the prevention of prostitution and are more directly related to problems of public
morality and health than to labour problems, it has not been
thought necessary to give any detailed analysis of them.
CHAPTER-VIII
REGULATION OF THE RIGHT TO EMPLOYMENT
A—ORIGIN AND NATURE OF THE REGULATION
While the legislative measures specifically applicable to
women which have been analysed in the preceding chapters
regulate various features of women's employment, their essential
purpose is to preserve health. Some of them are positive measures designed to improve the welfare of women, and others are
restrictive measures to shield them from some danger, but all
are based on considerations of individual or social health.
The measures dealt with in the present chapter are of quite
another kind. They are directly concerned with the position of
women on the employment market, their purpose being in some
cases to restrict, in others to maintain or to widen, women's
opportunities for gainful employment.
They may be classified in three distinct groups: those designed
to restrict women's opportunities for gainful employment ;
those designed either to guarantee to women an opportunity to
compete for employment, or to mitigate the effects of measures
taken by private employers to exclude women from employment ;
and, finally, those designed to increase women's opportunities of
earning a living by giving them a privileged claim to certain kinds
of employment.
The measures which may be classified into these three groups
have been inspired by two conflicting tendencies of public
opinion and reflect the prevalence of one or the other. And since
public opinion is influenced by forces that are often transitory
and sometimes make for sharp fluctuations, none of the three
groups of measures shows that process of continuous development
which is usual in labour legislation. Sudden changes of direction
are noticeable not only in the legislation of individual countries,
but in the prevailing trend of legislation throughout the world.
This peculiarity is due to causes that can only be described
very briefly here ; for if an attempt were made, as in previous
REGULATION OF THE RIGHT TO EMPLOYMENT
347
chapters, to bring out deep-seated causes and particularly those
that have their roots in the past, it would be necessary to go into
the whole history of feminism and anti-feminism and to analyse
very diverse philosophical and sociological conceptions of women's
place in the family and in society, tracing the constant mutual
reactions of innovation and tradition both with the passage of
time and as respectively controlling practice in different places
during the same periods. It would also be necessary to note the
many compromises made between theory and practice under
the pressure of individual and social needs.
No such attempt will be made here. But, to avoid being
confused by the inconsistencies appearing in national systems
of legislation, the reader will do well to remember the existence
of these fundamental trends, which are not always apparent in
the arguments advanced by legislators for the adoption of given
legislation, and also the compelling influence of the basic causes
of employment of women, namely the needs of the women who
work and of the society which wants the product of their labour.
Personal and family needs occasioned by many social changes
have caused large numbers of women to undertake gainful
employment. Their individual need of employment has received
legal recognition, through a gradual and almost continuous
extension of the fields of activity open to women. The pressure
of social needs has also exerted an influence, but because of the
great variations to which those needs are subject, social pressure
is not continuous and may even operate in different directions
at different times. It nevertheless plays an important part in
bringing about changes in the law respecting the employment
of women.
Women's work, manual and professional, constitutes a
reserve of labour on which both the State and private employers
draw freely during periods of exceptional activity, whether that
activity is due to the demands of national defence or of social
reconstruction schemes, or simply to a phase of the economic
cycle which brings a brisk demand for consumption goods. When
a special demand for labour no longer exists, it seems natural to
many that women's work should be dispensed with, and, of the
two trends referred to above, that which is unfavourable to the
employment of women outside their homes becomes the stronger,
because it is in harmony with the practical needs of the moment.
All these factors were at work, in combination, throughout
the acute economic depression that nearly every country expe-
348
THE LAW AND WOMEN'S WORK
rienced during the past few years, but the arguments in favour
of confining women to domestic activities and excluding them
from the labour market found an especially ready hearing. A
number of regulations were issued during the depression to restrict the employment of women in order to make their jobs
available to men, more were proposed, but not adopted, and
during this period the promulgation of regulations opening new
fields of activity to women substantially declined.
A reversal of the economic trend is now taking place and
consequently a reversal in the trend of legislation.
Since the dynamic aspect of the problems dealt with in this
chapter is important, it is believed that they will be better
understood if a departure is made from the practice followed in
the preceding chapters, which was that of summarising only
legislation now in force. In the present chapter legislation of
the immediate past will also be noted and mention made of
important regulations adopted during the last few years and
after a short time repealed.
B.—LEGAL
RESTRICTIONS ON THE
OF WOMEN
EMPLOYMENT
The measures to be mentioned under this heading vary both
in scope and in character. Some of them cover, at least in
principle, every form of gainful employment, others apply only
to specified occupations. Some limit directly, others indirectly,
the engagement, or even the continuance of employment, of
women. Some apply to all women, others solely to married
women.
It need only be mentioned here, since details will be given
in a later chapter, that there are various legislative provisions
restricting the admission of women to public administrative
services and to regulated professions for which a university
degree or a special licence is necessary.1 Practically all restrictive provisions concerning the professions are regulations of long
standing, the significance of which has been steadily diminishing
in nearly every country during the last hundred years. In some
countries they have even been completely abolished, sometimes at
one clean sweep. But in a few exceptional cases women have
in recent years lost rights they had previously acquired.
1
See Ch. XI and Appendix.
REGULATION OF THE BIGHT TO EMPLOYMENT
349
As regards admission to public services, restrictive legislation
is sometimes of very long standing, but a number of regulations
were issued during the last economic depression for the purpose,
as stated above, of reserving available posts for men. The
restrictions placed on the employment of women in these fields,
like all such restrictions, applied in some cases to married women
only, in others to all women candidates for public appointments,
whether married or single. They excluded women from administrative posts or fixed quotas for female appointees. In
several countries, e.g. Belgium, Bulgaria, France and Greece,
certain restrictive measures adopted during the period of acute
economic depression were repealed, relaxed or suspended soon
after their adoption, sometimes because of changes in circumstance, but more often because of the protests to which they gave
rise.
It is comparatively easy to restrict the right of women to
employment in public administration, where the State is the
employer as well as the regulating authority. Restriction is
more difficult to enforce and more serious in its effects when it
applies to private employment. Although there have been a
great many proposals to restrict the employment of women in
private undertakings, they have seldom been adopted and only
in a few cases in the form of laws passed by national parliaments.
Such laws moreover have merely conferred powers of which
little use has been made. Far more numerous have been the
proposals which have been submitted to parliaments and rejected,
or even dropped without discussion, because of the opposition.
roused by their mere introduction. Various measures restricting
the admission of women to private employment have, however,
been inaugurated by Governmental Decree.
These measures are of various sorts. One type of measure
makes the employment of women in certain classes of private
employment conditional upon the grant of a permit, which is
issued only after the state of the employment market has been
taken into account. Another fixes the maximum proportion
of women that may be employed in certain classes of undertakings,
or provides that such a maximum may be fixed. A third makes
the grant of certain privileges to women conditional on their
abstention from gainful employment.
Without going so far as completely to prohibit employment,
other regulations provide that if a married woman is gainfully
employed deductions shall be made from the social insurance
350
THE LAW AND WOMEN'S WORK
benefits payable to her husband, or even from his salary if he
is an official. Again, compulsory direction of women into
certain fields of employment is used as an indirect means of
eliminating them from others.
A form of measure which is akin to the last mentioned but
which will not be dealt with in the present study, is the use, not
of compulsion, but of strong pressure to direct women into
certain branches of employment which are considered feminine,
and especially into domestic service. Such pressure may seem
to take the form of expansion of opportunities for employment,
although the opportunities are strictly confined to certain fields
with a view to keeping women out of others. But the vocational
training and guidance of women will not be discussed here, since
they will be dealt with in studies to be published later, and
because the legislation that provides for them is much less important than their practical organisation. It must, however,
be remembered that vocational guidance has played animportant,
if indirect, part in eliminating women from certain occupations
which some people consider to be masculine (industry and office
work in particular) in some of the countries which attempted
such elimination during the last depression.
Finally, the employment of women in certain trades has
sometimes been restricted by collective agreement between
employers' and workers' organisations, the agreement either
explicitly limiting the engagement of women or merely providing
that the labour needed should be supplied first from the ranks of a
trade union, which did not admit women to membership.
Although this sort of restrictive measure is usually inspired by
the fear that the employment of women would inevitably lower
wages, the distribution of opportunities for employment has,
in some cases, been at issue. Contractual stipulations of this
kind are recorded in the present chapter only when the collective
agreement has been given the force of law.
C—PROTECTION OF WOMEN'S RIGHT TO
EMPLOYMENT OR TO COMPENSATION FOR LOSS OF
EMPLOYMENT
The second group of legislative measures runs counter to
those described above. Some of them even aim directly at
ensuring that women's right to employment shall not be
REGULATION OF THE RIGHT TO EMPLOYMENT
351
infringed by the policies of private undertakings. Since the
tendency which such measures are meant to counteract has
developed chiefly during the last depression, only a few countries
have thus far established such legal guarantees of the right to
work. Those which have done so have provided a valuable
complement to whatever measures they may have taken for the
physical protection of working women. Several have adopted
legislation especially to ensure that provisions for the protection
of the health and safety of women shall not prejudice their
opportunities of employment. These measures have already
been mentioned in the preceding chapters dealing, with the
physical protection to which they relate : in connection with
maternity protection, retention of post during statutory leave
before and after childbirth, 1 prohibition of dismissal on account
of pregnancy, etc., in connection with protection against night
work, provision for transfer of women from night shifts to day
shifts, in connection with protection against employment in
unhealthy occupations, exceptions in favour of women already
in employment, etc. Consequently, as regards these provisions,
the present chapter merely gives the necessary cross-references.
Somewhat similar to these provisions are those mentioned
in Chapter IX with reference to wage-fixing bodies, in Chapter X
with reference to the inclusion of women in the administrative
bodies of insurance institutions, and in Chapter XI, A, and its
Appendix, with reference to the employment of women in other
public administrative institutions, the object being in each case
to ensure at least a given minimum participation of women in
certain institutions and services to which the law accords them,
in theory, the same right of access as men.
D.—ADVANTAGES OFFERED TO WOMEN ON THE
EMPLOYMENT MARKET AND OCCUPATIONS RESERVED
FOR WOMEN
It is only necessary to look at the facts to see that some trades,
professions, and functions have become almost exclusively the
preserve of one sex or the other, either because of the aptitudes
1
See more especially the provision made in Article 4 of the International Convention (No. 3) concerning the employment of women
before and after childbirth (1919). This article prohibits the dismissal
of women during maternity leave.
352
THE LAW AND WOMEN'S WORK
commonly attributed to one or the other sex, or, more often
perhaps, because of the customs that have developed in human
communities. This is true at least for given areas ; the distribution of occupations by sex is sometimes purely local and may be
found to differ with degrees of longitude or latitude. For
instance, domestic service is generally a feminine occupation
in Western Europe and North America, but a masculine one in
Asia and Africa.
This chapter will not of course attempt to list the employments that have come to be regarded as feminine, but only
to mention legislative provisions that confer on women special
rights to the exercise of certain trades and occupations. It
sometimes happens that the law has merely confirmed existing
practice, but the legal regulation of traditionally feminine
occupations has been in such terms as to close them to any but
women. For instance, in several countries belonging to the
British Commonwealth of Nations, the laws regulating the
profession of midwife (the term itself is significant) either make
it an offence, punishable by fine, for a man to engage in that
profession, or else provide only for women to have a right
to be registered and to obtain diplomas for its exercise. This
para-medical occupation might logically, however, have been
organised on a quite different basis, since although a diploma
exclusively for midwifery may be issued only to a woman, men
who are fully qualified as doctors are allowed to practice as
obstetricians.
Sometimes, where there is no stipulation that men shall be
excluded from a given occupation usually pursued by women,
it is implicit in a regulatory enactment that, in practice, only
women shall be admitted. Thus the social service certificate
instituted in France by the Decree of 12 January 1932 may be
issued to assistants of either sex ; but when providing for
vocational training in social service schools and for the representation of the social workers in the Advisory Committee, and
again for official and semi-official appointments in the social
services, the original Decree and those issued subsequently
refer only to social assistants in the feminine.
It quite often happens that either on grounds of propriety
or morality or for economic or practical reasons some classes of
administrative appointment and even whole divisions of a
national administration are open only to women. The reader
will find in Chapter XI examples of types of employment
REGULATION OF THE RIGHT TO EMPLOYMENT
353
reserved for women. The Appendix to the present chapter
merely contains the necessary references to section A dealing
with the status of women in public departments, and to section B
dealing with the admission of women to regulated professions.
The rare cases in which national laws and regulations set
aside for women certain openings in private employment must
be discussed in the present chapter.
The measures designed to modify in the interests of women
the law of competition which usually applies in the employment
market have not always been enacted for the same reasons.
Two somewhat different classes of legislation with this general
purpose may be distinguished in the light of the official commentaries which have prepared the way for or accompanied
their enactment. One class consists of protective regulations,
in the true sense, intended to serve directly the interests of
working women. They give a new form of protection, namely
access to work, which is offered as the best safeguard of social
morality and of the dignity of women. To secure that access,
and also to compensate any reduction in opportunities for
employment due to legal exclusion from work liable to injure
their health, the regulations in question grant women a prior
claim to employment in certain occupations which the legislative
authorities consider to be particularly suitable for them, notably,
commercial employment, office work, etc. The most striking
example of such protection is to be found in Cuban legislation.
The other class of regulations comprises measures which
reserve certain occupations for women, or at least seek to extend
the employment of women in certain directions, for the benefit
of the social and economic interests of the country, and are
inspired by the desire to rationalise the occupational distribution
of the population by employing women in the circumstances
most advantageous to society. Although the economic motives
for the Soviet regulations described below were closely linked
with a desire to serve the interests of women by improving their
social situation, those regulations, and the results to which they
have led, provide the most striking example of this second type
of legislation reserving occupations for women.
23
APPENDIX
NATIONAL REGULATIONS CONCERNING WOMEN'S
RIGHT TO EMPLOYMENT
National regulations concerning t h e right of women to employment are summarised below b y countries, t h e various
legislative provisions being classified under three headings :
I.
II.
III.
Legal restrictions on t h e employment of women ;
Legal guarantees of women's right to employment
or to compensation for loss of employment ;
Legal reservation of given employments, for
women, and other privileges as regards placing.
For t h e sake of brevity, the figures I, II and I I I will be
followed in each heading by t h e words : Legal
Restrictions,
Legal Guarantees, and Legal Priuileges respectively.
ARGENTINA
II.—Legal Guarantees
Act No. 11100 of 11 February 1912 respecting the pensions of
salaried employees and workers in private undertakings provides in
section 18 that women who are required by the rules of the undertaking
to leave their employment when they marry shall receive 5 per cent.
of their annual wages, plus interest at 5 per cent, if they have been
in the employment less than ten years, one month's wages for each
year's service if they have been in the employment for ten to twenty
years ; and a supplementary pension equal to 2 per cent, of the ordinary
pension for each year of employment in excess of twenty.
In September 1937, the Senate adopted a resolution proposed by
Senator Palacios, author of the Maternity Protection Act, condemning
the practice of including in the employment of contracts of female
staff a clause providing for retirement on marriage. Such clauses had
been made use of by certain railroad companies operating on concessions. A Bill was introduced in the beginning of 1938, and adopted
in September, to prohibit inclusion of provisions for dismissal on
marriage in employment contracts, trade agreements, on staff regulations concerning employment, by any individual or agency whatsoever, except in the field of domestic service.
The preamble to the Bill declared that dismissal on account of
marriage is opposed to the interest of the nation and to good morals,
since it discourages marriage.
See also the table in Chapter III : " Maternity Protection ", cols. V
and VIII.
REGULATION OF THE RIGHT TO EMPLOYMENT
355
AUSTRALIA
I.—Legal Restrictions
Under various State laws, the industrial tribunals have power to
establish disqualifications based on sex.
In South Australia, the Industrial Code of 1920 provides in section
167 that the jurisdiction of the industrial boards shall include " industrial matters ", which under section 140 are defined to include " the
question whether persons of either sex . . . shall be disqualified
for employment in an industry ".
In New South Wales, the Industrial Arbitration Act, 1912-1926,
defines the jurisdiction of the Court of Industrial Arbitration as including matters relating to the sex of employees (section 5).
In Queensland, the Industrial Conciliation and Arbitration Act
of 1932 includes, among the industrial matters to which the jurisdiction
of the Industrial Court extends, all matters relating to " the employment . . .
of any person or persons or class of persons, including
the disqualification of any persons for employment by reason of
sex . . . " and to " the right to dismiss or to refuse to employ
any particular person or class of persons " (section 4). The Industrial
Court also has power to make an award " fixing the number or proportionate number of women to men " (section 8 (1) (iv)). Nevertheless,
on 25 February 1936 the Industrial Court refused an application for
an award to prohibit the employment of married women where the
husband earns the basic wage or more (Queensland Government
Gazelle, No. 61, 7 March 1936, p. 966).
See also Chapter XI, Appendix, §§1 and 4.
III.—Legal Privileges
See Chapter XI, B, and Appendix, §§1 and 2 (laws relating to
the legal status of women and the profession of midwife).
AUSTRIA
I.—Legal Restrictions
See Chapter XI, Appendix, §§1 and 4.
II.—Legal Guarantees
See the table in Chapter III : " Maternity Protection ", col. V.
BELGIUM
I.—Legal Restrictions
A Royal Order of 8 December 1934 gave the Minister of Labour
power to fix percentage quotas for women, or for married women,
for each branch of industry, with a view to eventual replacement of
women in excess of the quota by involuntarily unemployed males.
The Order was repealed on 22 November 1935 without having been
given practical ell'ect.
356
THE LAW AND WOMEN'S WORK
Further, under section 54 (a) of a Royal Order of 31 May 1933,
unemployment benefit payable to the husband of a woman employed
in an insurable occupation was to be reduced by an amount equal to
25 per cent, of the wife's wages : this provision, which was designed
to keep married women out of employment, was suspended by a Royal
Order of 1 February 1936 and then repealed.
See also Chapter XI, Appendix, §§1 and 4.
III.—Legal Privileges
See Chapter XI, Appendix, § 1 (visiting nurses).
BRAZIL
II.—Legal Guarantees
See the table in Chapter III : " Maternity Protection ", cols. V
and VIII.
BULGARIA
I.—Legal Restrictions
See Chapter XI, Appendix, § 1.
II.—Legal Guarantees
See the table in Chapter III : " Maternity Protection ", cols. V
and VIII.
CANADA
I.—Legal Restrictions
See Chapter XI, B, and Appendix, § 4.
II.—Legal Guarantees
Acts adopted in Alberta (1930, 20 Geo. 5, Ch. 62) and British
Columbia (1931, 21 Geo. 5, Ch. 55) to remove sex disqualifications
provide that no person shall be disqualified by reason of sex or marriage
from the exercise of any public function or from being appointed to
or holding any civil or judicial office, or from entering or assuming or
carrying on any civil profession or vocation, or for admission to any
incorporated company or society (See Chapter XI, B, and Appendix,
§ 1).
See also the table in Chapter III : " Maternity Protection ", col. V,
British Columbia.
CHILE
II.—Legal Guarantees
See the table in Chapter III : " Maternity Protection ", cols. V
and VIII.
III.—Legal Privileges
See Chapter XI, Appendix, § 1 (inspection).
REGULATION OF THE RIGHT TO EMPLOYMENT
357
CHINA
II.—Legal Guarantees
See the table in Chapter III : " Maternity Protection ", col. V.
COSTA RICA
II.—Legal Guarantees
See the table in Chapter III : " Maternity Protection ", col. V.
COLOMBIA 1
II.—Legal Guarantees
See the table in Chapter III : " Maternity Protection ". cols. VIII
and IX.
CUBA
II.—Legal Guarantees
In addition to the provisions already mentioned concerning the
guarantee of a right to employment during pregnancy (see the table
in Chapter III : " Maternity Protection ", cols. V and VIII) and the
application of the law with respect to night work (see in Chapter V
the footnote to the analysis appended to the Chapter), the right of women
to employment is explicitly affirmed in a general provision of Legislative Decree No. 598 of 16 October 1934, which declares (sec. VI) :
" women shall have the same right to be employed as men ", subject
to the exceptions laid down in the Decree. These exceptions only
forbid the employment of women at certain industrial work injurious
to health, and they are offset by a measure that reserves for women
various commercial occupations (see III below). Further, section
XVII of the same Legislative Decree guarantees the right of married
women to employment by prohibiting their dismissal from industrial
or commercial undertakings on account of marriage.
III.—Legal Privileges
Section V of the Immigration Act of 3 August 1917, as amended
by the Act of 18 May 1922 and Decree No. 2303 of 18 November 1925
(containing administrative regulations under the first named), which
reserved certain employment for women, had not been brought into
force because of the provisions of a Decree (No. 737) of 1926 respecting
male staff already employed in occupations to be, in principle, reserved
for women. To confirm and supplement the provisions of the earlier
legislation above mentioned, a Decree was issued, 27 March 1937
(No. 1024), which laid down the following rules giving women a prior
claim to employment in certain occupations especially suitable for them,
in compensation for prohibitions of employment made by law in the
interest of their health and safety.
1
In a message of 24 December 1938 to the Minister of Labour, concerning enforcement
of the legislation on maternity protection, the President of the Republic states that the
Government will take care that this legislation does not become an obstacle to the right of
women to work.
358
THE LAW AND WOMEN'S WORK
Establishments or departments of establishments selling articles
for women's use may not employ men 1 for the sale of goods directly
to the public. Men may only be employed in managerial and supervisory capacities and for cleaning and certain heavy manual work,
and on condition that the employer can satisfy the Minister of Labour
that he finds it necessary to employ men for the services required.
50 per cent, of the persons selling directly to the public must be
women, in establishments selling sports goods, ironmongery (hardware),
perfumery, pharmaceutical products, flowers, confectionery and
preserves, toys, works of art, books and office supplies. In other
commercial establishments, 50 per cent, of the staff employed as
telephone operators, typists, clerks and cashiers, or in the packing
of goods that are easy to handle, must be women.
Certain public administrative appointments are also reserved
to women (see Chapter XI, Appendix, § 1).
CZECHO-SLOVAKIA
See Chapter XI, Appendix, § 4, footnote.
DENMARK
I and II.—See Chapter XI, Appendix, § 1.
ECUADOR
II.—See the table in Chapter III : " Maternity Protection ",
cols. V and VIII.
FINLAND
I.—See Chapter XI, Appendix, § 1.
II.—See the table in Chapter III : " Maternity Protection ",
col. V.
III.—See Chapter XI, Appendix, § 1.
FRANCE
I.—See Chapter XI, B, and Appendix, § 1.
II.—See the table in Chapter III : " Maternity Protection ",
col. V, and Chapter XI, Appendix, § 1 (inspection).
III.—See Chapter XI, Appendix, § 1 (visiting nurses and child
welfare council).
1
Nevertheless, in order that the contemplated reform may be carried out with the least
ossible disadvantage to males already employed, and to avoid the difficulties that would
e created for employers by a sudden turnover of the whole staff, it was determined by a
Resolution of the Minister of Labour (No. 102, 9 July 1937) that the replacement of men
by women as prescribed by Decree No. 1024 is to be effected by stages. At first only
foreigners who are bachelors without children are to be replaced by women ; once this
has been done, the Minister of Labour will issue regulations for the replacement of other
groups.
E
REGULATION OF THE RIGHT TO EMPLOYMENT
359
GERMANY
I.—Legal Restrictions
In 1933 various local and regional Orders were issued advising
against the engagement of wives and daughters of male wage earners
or requiring that they be the first to be dismissed when workers were
to be laid off. But these Orders were followed, in November of the
same year, by a Federal Circular counselling moderation in the application of such policies. By this Circular, the attempt to deal with the
problem of dual earnings by means of administrative regulations was
abandoned and employers were left free to decide each case on its
merits.
The Unemployment Act of 1 June 1933 tried to reach the original
objective by other means : it instituted a scheme for encouraging
marriage, subsequently modified by the Acts of 28 March 1934 and 24
January 1935 and implemented by seven Administrative Orders.
This scheme consists in the allowance, on certain conditions, of
a marriage loan up to the amount of 1,000 RM., if the woman has been
in paid employment for at least nine months during the two years
preceding the grant of the loan. The loan is given in the form of credits
for setting up housekeeping, but a part may be used to provide the
young wife with instruction in child care. It is assigned to the husband,
but half goes to each party if there is separation of property.
With the birth of each child, the indebtedness is decreased by
25 per cent, of the total loan.
One of the principal conditions originally attached to such a loan
was that the woman should withdraw from employment before it
was paid over and undertake to abstain from gainful employment until
it had been repaid in full.
This condition was subjected to various modifications that allowed
the wife to resume employment in certain contingencies—if the
husband was in necessitous circumstances, or during the periods
of his military or labour service, or if the employment was at temporary
work in agriculture at harvest time, or in retail trade, during certain
periods of exceptional pressure preceding holidays or during stocktaking, or in housework.
The conditions with respect to abstention from employment were
suppressed by the law of 3 November 1937 (retroactive to 1 October)
which allows the resumption of employment by the wife, but adds
from 1 to 3 per cent, of the amount of the loan to the sum due in repayment if this option of employment is made use of.
The cause of the adoption of this last law—the shortage of labour—
produced a general change in the attitude of the authorities toward
simultaneous employment of husband and wife. One district leader
declared in the beginning of 1938 that it should not be discouraged,
and gave his special approval to the employment of married women
without children, and the Order of 6 February 1938 concerning the tax
on wages provides that the reduction in respect of children may be
claimed by each parent if both are gainfully employed. On 27 November 1936 a Decree of 17 May 1934 was repealed by which women, who were
already subject to the general restrictions on the transfer of agricultural
workers to non-agricultural occupations, were prohibited from leaving
360
THE LAW AND WOMEN'S WORK
agricultural employment to enter the food-preserving industry or the
hotel industry without a special permit from the Labour Office.1
But general restriction of the employment of any women in certain
fields was indirectly effected by the Orders of 15 and 16 February and
of 23 December 1938, which require young women of less than 25 years
of age, who have not had paid employment, to work for a year in
agriculture or domestic service or for two years in social or health work
before being .eligible for employment as workers or salaried employees
in public or private undertakings or administrations. 1
See also Chapter XI, Appendix, §§1 and 4.
II.—Legal Guarantees
The President of the Federal Institution for Employment Exchanges
and Unemployment Insurance declared in an Order of 1937 that there
should be no distinction made between the sexes in giving priority of
placement to older workers, and among them to fathers of families,
as required by the Order of 28 August 1934 (repealed 27 November
1936) and again required in somewhat different terms by the Order
of 7 November 1936.
See also the table in Chapter III, " Maternity Protection ", col. V.
See Chapter X (unemployment insurance).
See Chapter XI, Appendix, § 1 (women doctors attached to insurance funds).
III.—Legal Privileges
In 1936 a national placing service was set up for " feminine professions " (social assistants, advisers for young persons, technical assistants,
dieticians, etc.).
See also Chapter XI, Appendix, § 1 (Placement Institution).
GREAT BRITAIN
I.—See Chapter XI, Appendix, §§ 1 and 4.
II.—See Chapter XI, B, Act of 1920.
GREECE
I.—Legal Bestriclions
Act No. 5817 of 29 September 1933 provides that where tobacco
is packed by the so-called " tonga " (mechanical) process, so long
as there is unemployment among male workers in the tobacco industry
50 per cent, of the staff employed shall be men.
1
Under a Decree issued on 6 February 1937 by the President of the Institution for
Employment Exchanges and Unemployment Insurance to regulate the organisation of
groups of women in the agricultural service, the Labour Service for girls in Germany was
to help more than it had done previously in agricultural work. Recently the President
of the above-mentioned Institution has reminded the labour exchanges that they should
direct the young girls principally towards employment in agriculture.
REGULATION OF THE RIGHT TO EMPLOYMENT
361
The employment of women, other than war widows or the unmarried
daughters of persons who were killed in war, is prohibited in all occupations other than those of typists, servants and floor-scrubbers, by
the constitutional law of 16 November 1935 for the suppression of
plural employment, which applies not only to the civil service, but also
to endowments and joint-stock companies with a capital of not less
than one million drachmas and to corporations or persons who have
signed contracts with the State for public utility services.
See also Chapter XI, Appendix, § 1.
II.—Legal Guarantees
See the table in Chapter III : " Maternity Protection ", col. V.
HUNGARY
See the table in Chapter III : " Maternity Protection ", col. V.
INDIA
I.—See Chapter XI, Appendix, § 1.
II.—See the table in Chapter I I I : " Maternity Protection ", col. V.
IRAN—IRAQ
II.—See the table in Chapter III : " Maternity Protection ", col. V.
IRELAND
I.—Legal Restrictions
The Conditions of Employment Act, 1936 (sec. 16), empowers
the Minister for Industry and Commerce, after consultation with the
representatives of the employers and workers concerned, to make
regulations either prohibiting the employment of female workers to
do any specified form of industrial work, or fixing a proportion which
the number of female workers employed by any employer may bear
to the number of male workers. No use has yet been made of this
power.
See also Chapter XI, Appendix, §§ 1 and 4.
II.—Legal Guarantees
The British Sex Disqualifications (Removal) Act, 1920, is still
in force in Ireland.
See Chapter XI, Appendix, Great Britain.
362
THE LAW AND WOMEN'S WORK
ITALY
I.—Legal Restrictions
The employment of women in private establishments has not been
restricted by legislative measures, but by inter-confederal agreements
with binding effect.1
Under the inter-confederal agreement of 11 October 1934, for the
reduction of unemployment in industry, not only must women be
replaced by men in exhausting work for which men are better fitted
and in work which is unhealthy for women, but, as an exceptional
measure, they may be replaced by men in work that is normally done
by women. Under this general agreement, the national federations
for various industries have concluded agreements fixing the percentages
of women to be employed.
An inter-confederal agreement of 1934 to reduce unemployment
in commerce calls for limitation of female staff to the number strictly
necessary and sets for it a maximum limit of 20 per cent, of the total
staff.
An inter-confederal agreement of 1 October 1934 to reduce
unemployment in credit and insurance institutions limits the female
staff of the former to 12 per cent, and of the latter to 15 per cent.
of total staff.
See also Chapter XI, Appendix, § 1.
II.—Legal Guarantees
A collective agreement concluded in 1937 provides that any salaried
or wage earner employed in commerce who voluntarily withdraws
from employment on account of marriage or maternity may Haim
the indemnity that is payable when an employer breaks an employment
contract in the absence of serious fault in the employee.
See the table in Chapter III : " Maternity Protection ", cols. V and
VIII.
III.—Legal Privileges
See Chapter XI, B (certificated nurses and social welfare visitors).
LATVIA—LITHUANIA
II.—See the table in Chapter III : " Maternity Protection ", col. V.
LUXEMBURG
I.—Legal Restrictions
The Grand Ducal Order of 14 April 1934 mentioned below with
reference to restrictions on the employment of women in public
1
Strict regulations have been adopted since the above was written. See Industrial
and Labour Information, Vol. LXVIII, No. 6, 7 November 1938, p. 177, and below, Chapter XI, Appendix, § 1, footnote.
REGULATION OF THE RIGHT TO EMPLOYMENT
363
administrative services (Chapter XI, Appendix, § § 1 and 4) applies
also to private establishments. It provides, as an exceptional measure
" necessary in the interests of men unemployed through no fault of
their own ", that female office staff may not be recruited and female
employees who marry after the date on which the Order came into
force may not be kept on the staff without a special permit from
the Director-General of Labour and Social Welfare.
II.—Legal Guarantees
See the table in Chapter III : " Maternity Protection ", col. V.
MEXICO
I.—See Chapter XI, Appendix, § 1.
II.—See the table in Chapter III : " Maternity Protection ", col. V.
NETHERLANDS
I.—Legal Bestridions1
Act No. 802 of 28 May 1937 provides that, for types of work which
before 1 January 1934 were usually assigned to male workers, the
Minister may issue administrative regulations fixing the maximum
permissible proportion of women and girls to the total staff in each
factory or workshop, or prohibiting the employment of women and
girls on specified work, or laying down the conditions on which their
employment may be allowed. The works council or councils concerned
and a special committee set up by the Chairman of the Superior Labour
Council must be consulted before any such regulations are issued.
Certain temporary exceptions may be allowed. To confirm the exceptional character of such measures, the Act has only been given a life
of three years.
See also Chapter XI, Appendix, § 4.
NEW ZEALAND
I.—See Chapter XI, Appendix, § 4.
NORWAY
II.—See Chapter XI, Appendix, § 1, and the table in Chapter III:
" Maternity Protection ", col. V.
III.—In accordance with a judgment pronounced in 1938 and
conlirmed by the Supreme Court of Justice on 8 February 1939,
dismissal of a woman on account of her marriage must be considered
as "without good reason" and as giving a claim to compensation
under section 33 of the Workers' Protection Act of 1936.
1
A Bill submitted by the Government to the Superior Labour Council in December 1937
would prohibit the work of married women in all undertakings, with the possibility of granting exceptions for women in charge of undertakings, or the wives of men in charge, and for
women supporting families or without adequate means of support. The Council took
an unfavourable view of the Bill and asked for a preliminary investigation of actual conditions.
364
THE LAW AND WOMEN'S WORK
PANAMA
II.—See the table in Chapter III : " Maternity Protection ",
cols. V and VIII.
PERU
II.—Legal Guarantees
Act No. 4239 of 26 March 1921 amending the Employment of
Women and Children Act of 1918 provides, in subsection 3 to section 1,
that " women dismissed without good reason shall receive two months'
wages ",1
See also the table in Chapter III : " Maternity Protection ", col. V,
and Chapter XI, Appendix, § 1.
POLAND
II.—See the table in Chapter III : " Maternity Protection", col. V,
and Chapter X, § 4 (participation in the administration of social
insurance schemes).
PORTUGAL
I.—Legal Restrictions
Decree No. 24402 of 24 August 1934 regulating hours of work in
industry and commerce provides that the Under-Secretary of State
for Corporations and Social Welfare may specify the kinds of occupation
in which women may be employed. His decisions in this respect
must take into account not only physiological and moral considerations
but also the economic requirements of the branches of production
concerned and the effects any measures may have on national interests.
In pursuance of the Decree, regulations have been issued with
respect to the following occupations :
Hat-making : Under regulations issued on 19 July 1935 the employment of women on any work other than sewing is prohibited so long
as male hat-workers over 21 years of age are on the unemployment
registers of the trade unions in the industry. Under regulations
issued on H A u g u s t 1935, women already in employment as bowers
were allowed to continue in that employment. In the districts of
Aveiro, Braga and Porto, the regulations of 19 July 1935 were renewed
by regulations issued on 7 August 1936.
Restaurant service : Under regulations dated 24 August 1936 the
engagement of women for work in kitchens and as waitresses is prohibited ; women already in employment need not, however, be dismissed.
The proportion of women to men must be reduced (by substituting
men for women) to not more than one woman to every four men, not
counting the men employed as waiters. These restrictions do not
apply to women employed as cleaners.
1
The purpose of the provision was clearly to prevent certain employers from dismissing
women in order to avoid the inconvenience resulting from the protection instituted by the
Act of 1918.
REGULATION OF THE RIGHT TO EMPLOYMENT
365
Hotel industry in Lisbon : Under regulations dated 24 November
1936, the employment of women is prohibited in occupations other
than those of housemaid, linen maid, laundry woman, telephone
operator, cloakroom attendant, pantry maid and cleaner. The
regulations have not been applied to women who were already employed.
Loading and unloading on the Douro : Under regulations dated
7 August 1936, the employment of women is prohibited except by
special permission obtainable in the absence of a sufficient supply
of men. The measure has not been applied to women who were
already employed.
Canning industry : The collective agreement concluded for the
fish-canning industry of Setubal (under Decree No. 26775 organising
this industry as a corporation and approved by the Under-Secretary
of State for Corporations and Social Welfare on 26 August 1937)
lays down special rules restricting the employment of women. The
number of women permanently employed in any establishment must
amount to at least 16 per cent, of the total number of women employed
(permanent and auxiliary stall) and this total may not be more than
six times the number of women on the permanent stall. Temporary
stall may, however, be taken on for the preparation of fish (egrelhamento) and for maintenance work (descanso). The number of girl
apprentices may not exceed 10 per cent, of the number of women
employed, whereas the corresponding percentage for boys and men
is 20.
Section 16 of the regulations provides that women workers have
the same rights and obligations as men, but may not be employed in
certain specified occupations, some of which are exhausting occupations
such as porterage, others machine or soldering operations.
Section 44 provides that women may be replaced by men in all
occupations involving the use of machinery or tools and that, pending
such replacement, employers shall pay women the same wages as
they pay to men.
RUMANIA
I.—Legal Restrictions
See Chapter XI, Appendix, § 1.
II.—Legal Guarantees
See the table in Chapter III : " Maternity Protection", cols. V
and VIII.
III.—Legal Privileges
Decree No. 1506 of 24 March 1937 gives widows and daughters
of persons killed in war, along with war-disabled men and war orphans
of the male sex, certain claims to employment in commercial and
industrial undertakings reserved to them under conditions laid down
in the Decree.1
See also Chapter XI, Appendix, § 1 (social welfare ¡visitors).
1
In various other countries, the widows and daughters of persons killed in the war
have a similar right to employment but only in public administrative services. (See
Chapter XI, A, § 1.)
366
THE LAW AND WOMEN'S WORK
SALVADOR
II.—Legal Guarantees
See the table in Chapter III : " Maternity Protection ", col. V.
SPAIN
I.—Legal Beslrictions
See Chapter XI, Appendix, § 1.
II.—Legal Guarantees
See the table in Chapter III : " Maternity Protection ", col. V.
III.—Legal Privileges
In Catalonia, the Decree of 10 July 1937 established an institute
of occupational training to prepare women for replacing mobilised men.
The women trained in various trades were to take over the positions
of men, after medical examination for fitness, and receive the men's
wage when not inferior in efficiency. The institute arranged for a
recruiting branch in each municipality.
SWEDEN
I.—Legal Restrictions
See Chapter XI, Appendix, §§1 and 4.
II.—Legal Guarantees
An Act of 19 May 1939 prohibits the dismissing of workers on
account of betrothal, marriage, pregnancy or childbirth in undertakings
employing at least three workers.
See Chapter XI, Appendix, § 1 (labour inspection).
SWITZERLAND
I.—Legal Restrictions
See Chapter XI, B, and Appendix, §§ 1 and 4.
II.—Legal Guarantees
See the table in Chapter III : " Maternity Protection ", col. V.
TURKEY
rll.—Legal Guarantees
See the table in Chapter III : " Maternity Protection ", col. V.
REGULATION OF THE RIGHT TO EMPLOYMENT
367
UNITED STATES OF AMERICA
I.—Legal Restrictions
See Chapter XI, Appendix, § 4 (teachers).
II.—Legal Guarantees
See the table in Chapter III : " Maternity Protection " (Philippines), col. V.
III.—Legal Privileges
See Chapter XI, Appendix, § 1 (Direction of the Women's Bureau).
U.S.S.R.
II.—Legal Guarantees
See the table in Chapter III : " Maternity Protection ", cols. V
and VIII, and Chapter,XI, B, and Appendix, § 1.
III.—Legal Privileges
For many years the Soviet authorities have been intent on extending
the practice of skilled work by women and improving its quality,
and a great many legislative and practical measures have been taken
with these ends in view.
The People's Commissary for Labour issued, on 8 December 1930
and 16 January 1931, two Orders applicable throughout the U.S.S.R.,
containing a list of more than 350 industrial and commercial occupations in which only female workers were to be employed. Some
months later, on 19 May 1931—no doubt because of the difficulty
encountered in the attempt to recruit a su!iicient supply of skilled
female labour for these occupations—a new list was published, much
the same as the first, with the request that the administrative departments and undertakings concerned merely " considerably increase "
the number of women employed in the occupations mentioned. By
that Decree, which was applicable in the R.S.F.S.R., the People's
Commissariats for Labour in the federated Republics were requested
to intensify their efforts to expand the contribution of women to the
national economy. The occupations that appear on the list are of
the most various sorts, occurring in the following fields : mining,
metallurgy and engineering, the chemical, tanning, textile, printing
and food industries, transport, postal, telegraph and telephone services,
the building trades, and office and commercial work. The most
highly-skilled trades in these various fields are mentioned ; for instance,
in engineering the trades of turner, milling-machine operator, locksmith, mechanic and fitter ; in printing, those of compositor, proofreader and zincographer. In office work all employments are to be
assigned to women, including those of secretary or clerk, chief of section,
chief of division, head of department and auditor.
368
THE LAW AND W O M E N ' s WORK
In order that women might be recruited to skilled employment
it was necessary to develop vocational training. Hence recommendations were frequently addressed by the Commissariat of Labour
to the directors of the technical schools attached to factories and other
undertakings, asking them to see that women received the benefit
of the teaching provided. In 1931 general instructions were issued
to the effect that 50 per cent, of the pupils in the schools attached to
metal works and 25 per cent, of those in schools attached to building
undertakings and motor-car factories should be women. On 3 March
1934 the Commissariat for Heavy Industry issued an Order asking
managers of undertakings in that field to see that women, and more
especially those employed as engineers and technicians, attended
technical training courses. During 1934 the directors of schools
attached to such undertakings were to see that the proportion of
women among the pupils in ordinary technical schools was not less
than 25 to 30 per cent, and in higher technical schools 20 to 25 per cent.
The female labour force so trained was to be scientifically distributed,
female shock-workers and women who had passed a technical examination being assigned to the more skilled work and the higher posts.
Recommendations of the same kind have been addressed by the
Central Trade Union Council to the officials responsible for the
inspection of juvenile employment. According to the Orders of 16
October 1935 and 8 March 1936, these inspectors are to see that the
work assigned to female minors corresponds with the stage of occupational training they have reached, and to see to their promotion to
skilled work when due.
The central authorities follow closely the progress made in developing the quantity and quality of women's work. Every year on
Women's Day, which is celebrated throughout the Union on 8 March,
statistics are published showing the increasing participation of women
in advanced study for scientific work, as weil as in the studies of practical training schools and courses, and the part women are actually
playing in various occupations. Special references are made to their
progress in attainment of managerial posts.
As a corollary to this policy, substantial credits are entered in the
budget every year for the establishment of day nurseries, collective
canteens and similar institutions designed to make it easier for employed
women to meet their family and household responsibilities.
URUGUAY
II.—Legal Guarantees
See the table in Chapter III : " Maternity Protection ", col. V.
VENEZUELA
I.—Legal Restrictions
Under section 17, subsection 3, of the Labour Act of 15 July 1936,
fathers of families have a prior claim to 60 per cent, of the jobs, as and
when available, in establishments of all kinds. The provision is not
explicitly phrased to apply to women with family responsibilities.
REGULATION OF THE RIGHT TO EMPLOYMENT
369
II.—Legal Guarantees
Under section 198 of the same Act there must be established, in
all localities where there is a considerable turnover of female labour,
a special labour exchange for women, under the direction of a woman.
See also the table in Chapter III : " Maternity Protection ", col. V.
YUGOSLAVIA
1.—Legal Restrictions
See Chapter XI, Appendix, §§1 and 4.
II.—Legal Guarantees
See the table in Chapter III : " Maternity Protection ", col. V.
24
CHAPTER IX
WAGE REGULATION
If this report were a study of the conditions of women's
work, and not solely of the laws controlling it, the chapter on
wages would certainly be of the first importance, for problems
of women's remuneration involve some of the most serious
questions in the whole field of labour economy. But the practical problems connected with women's wages will be discussed
in a later study in the present series of enquiries into the position
of women workers undertaken by the International Labour
Office.
For a proper understanding of the wage regulations which
are the present subject, it is, however, necessary briefly to take
cognisance of two very general observations, made by all who
have devoted any close attention to the question. In the first
place, when the level of women's wages has been considered in
relation to the cost of the needs which those wages must supply,
it has been recognised that wages are often lower than the cost
of living, with grave consequences for the health of women forced
to live in a state of chronic undernourishment, as well as for
their moral well-being. Secondly, when comparison is made
between the wages of men and women engaged in similar
employments appreciable differences are generally found. It is
easy to see that the interests of all workers are endangered by the
presence of a cheap labour supply in the shape of low-paid
female labour which, with the progress of mechanisation, can
easily be substituted for more highly-paid male labour that is
more costly to the employer.
The available material for a study of wage regulation is
incomplete and scattered, and such a study would certainly not
reveal the progress already made unless account was taken of the
fact that the struggle for higher wages has been fought in other
fields than that of labour legislation.
WAGE REGULATION
371
The history of wages and of their rise to a level at which a
reasonable standard of life can be maintained is the history of
trade unionism, or at least the most important chapter in the
record of trade union activity. Whereas in other respects the
improvement of the conditions of life of working men and women
has been effected in great part by means of protective legislation—
in such matters, for example, as industrial hygiene and safety,
hours of work, compensation for accidents, maternity protection—
the struggle for higher wages has been carried on by the workers
themselves by means of trade union action. In this field,
therefore, it is the collective agreements obtained by the negotiations of organisations which are of first importance and legal
regulation plays only a secondary part. But under the influence
of various circumstances, that part has grown in recent years,
and laws have been adopted which prescribe statutory minimum
wage rates, or set up special bodies with power to fix such rates,
or—most recently—provide for giving the force of law to
collective agreements.
For several reasons, noted in the course of this chapter,
legislation has been relatively frequently used to improve the
situation of women workers, or it might be more accurate to say
that it has been the situation of women workers that has been
most affected by regulations many of which apply to both sexes.
Though the analysis of regulations in the appendix to this
chapter is limited to the provisions which apply explicitly to
women workers, the legislative picture would not be complete
without some indication of the place of these special provisions
in general systems of wage regulation. In the summary an
attempt is made to indicate the influence exerted by legislation
upon each of the two characteristics of women's wages already
referred to—their absolute insufficiency and their inferiority to
the corresponding wages of male workers. For this purpose,
the various laws can be divided into those which are intended
to guarantee to women workers " the payment . . . of a wage
adequate to maintain a> reasonable standard of life "—in accordance with the principle laid down in Article 41 of the Constitution of the International Labour Organisation as the basis for the
just remuneration of all labour—and those intended to apply
" the principle that men and women should receive equal remuneration for work of equal value "—also set forth in the same
Article 41.
372
THE LAW AND WOMEN's WORK
A.—INTERNATIONAL REGULATIONS ON
MINIMUM WAGE FIXING
In its first stage, legislation intended to guarantee fair wages
establishes minimum rates below which actual wages may not
drop and leaves employers and workers complete freedom to
conclude agreements establishing higher rates.
There are several ways of fixing such minimum wages by
law, but these cannot be reviewed in detail here. The International Labour Office made a careful study of them some ten
years ago,1 and although practices have evolved considerably
since that time, many of the considerations set forth in that
study still hold good.
The occasion for the making of that study was the preparation of an international Convention on minimum wage-flxing
machinery. The Convention, and a Recommendation which
complements it, both adopted by the International Labour
Conference at its 1928 Session, provide such striking examples
of inclusion of special provisions with respect to women in
legislation applying in general to both sexes that their text must
here be cited.
The Convention (No. 26) concerning the creation of minimum
wage-fixing machinery, 1928, makes no special mention of
women's wages. It provides in inclusive terms for the introduction of measures " whereby minimum rates of wages can be
fixed for workers employed in certain of the trades or parts of
trades (and in particular in home-working trades) in which no
arrangements exist for the effective regulation of wages by collective agreement or otherwise and wages are exceptionally low ".
Every State Member of the Organisation which ratifies the
Convention is free to decide, after consultation with the workers'
and employers' organisations, where such exist, for what trades
or parts of trades minimum wage-fixing machinery shall be set up.
But the Recommendation (No. 30) accompanying the Convention
draws the attention of Members to " certain general principles
which, as present practice and experience show, produce the
most satisfactory results " and suggests that " without prejudice to the discretion left to the Members by the Draft Convention to decide in which trades or parts of trade in their respective
countries it is expedient to apply minimum wage-fixing machi1
INTERNATIONAL LABOUR OFFICE : Minimum Wage-Fixing Machinery, Studies and Reports, Series D, No. 17, Geneva, 1927.
WAGE REGULATION
373
nery, special regard might usefully be had to trades or parts of
trades in which women are ordinarily employed " (Section I,
paragraph 2).
The Recommendation further suggests (Section II, paragraph 1) with respect to the bodies that are to fix wage rates,
that " wherever a considerable proportion of women are employed, provision should be made as far as possible for the
inclusion of women among the workers' representatives and of
one or more women among the independent persons mentioned
in paragraph (a) " (i.e. the persons whose inclusion is recommended in order that decisions may be taken in cases in which
the votes of employers' and workers' representatives are equally
divided) (Section II, paragraph 2 (d)).
As regards the fixing of the actual rates, the Conference
expresses, in the same Recommendation (Section III), the
opinion that the wage-fixing bodies should " in any case take
account of the necessity of enabling the workers concerned to
maintain a suitable standard of living " (the principle of the
living wage), and for this purpose should have regard primarily to
" the rates of wages being paid for similar work in trades where
the workers are adequately organised and have concluded
effective collective agreements, or, if no such standard of reference is available in the circumstances, to the general level of
wages prevailing in the country or in the particular locality "
(the comparative method). Finally, in Part B of the Recommendation, the Conference reminds Governments, clearly with
the intention of encouraging them to base their minimum wage
policy upon it, of the principle affirmed in Article 41 of the Constitution of the Organisation that men and women should receive
equal remuneration for work of equal value.
The Convention and the Recommendation of 1928 thus
throw into relief several aspects of the wages problem which
are of special interest as regards female labour. In view of the
capital importance which these factors have had in the drafting
of the national legislation analysed below, a brief study of them
must now be made.
§ 1.—Determination of Industries in
which Wage Regulation is Necessary
The Recommendation of 1928 invites Governments to
examine with particular attention the situation in trades and
parts of trades ordinarily employing women workers, because
374
THE LAW AND WOMEN'S WORK
in them are most often found the economic and social conditions
generally believed to be the basic causes of depression of wages.
One of the chief of these causes is absence of sufficient organisation for concluding collective agreements and securing their
observance. A second factor depressing women's wages is
the severe competition which women whose wages are their
sole means of subsistence meet with from those to whom wages
are merely an extra, out of which they can procure luxuries.
When the effect of accepting less than living wages upon production costs is considered, and the advantage accruing to those
marketing cheaply produced goods in competition with goods
produced at the higher costs which may be entailed by higher
wages, it seems obvious that, in the absence of effective organisation, payment of a living wage can only be ensured by fixing
legal minimum rates to be paid by all competitors.
It is when low wages are due to the causes referred to above
that the intervention of legislation is most effective. Legislative
action is useless when very low wages are the concomitant of very
low worker-output ; it has to be applied gradually when they are
due to poor organisation of production ; but it can take full effect
when wages are too low in relation to the value of the work
executed ; such is the case when a poor level of remuneration is
due to the mutual competition of unorganised women workers who
individually accept employment for inadequate remuneration.
The Convention itself mentions one form of industrial activity
calling for the application of minimum wage-fixing measures—
home work which, it is to be noted, employs in the main female
labour. In this form of employment it is not only the social
conditions special to women workers that tend to keep down
wages ; physical dispersement of the workers seriously hinders
association in trade unions and collective action for the defence
of common interests and so causes workers of both sexes to
compete with one another for the chance of employment, without
benefit of any agreement upon wage rates.
It is noteworthy that when the International Labour Conference drew attention to the situation in home work and in
branches of industry in which women are employed, it did not
suggest that Governments should regulate the wages of women
workers only, for the male minority undoubtedly suffer the
consequences of the general conditions prevailing in these
employments. Indeed, much of the wage legislation which
existed before the Convention and Recommendation of 1928 and
suggested the lines on which they were drawn, as well as subse-
WAGE REGULATION
375
quent legislation, applies to workers of both sexes, although the
majority of its direct beneficiaries are women. And to provide
for the proper application of the Convention before ratifying it,
one country—France—in 1928 brought male workers within the
scope of its legislation with respect to homework, which had been
adopted in 1915 for application to women workers onlv.
§ 2.—Guiding Principles for the Fixing
of Minimum Wage Rates
Studies in methods of minimum wage fixing usually distinguish three principal criteria for the determination of rates : the
wage-paying capacity of the industry concerned, the standard of
living, and the rate paid for similar work in industries in which
the causes of low wages which it is desired to counteract are not
operative. 1
It will at once be seen that the first two criteria may contradict each other, and that the first alone would certainly not
always suffice to ensure a reasonable standard of living. At the
risk of hastening the disappearance of ill-organised undertakings
and industries, the legal determination of minimum wages in
the interest of the welfare of the workers and of a more just
remuneration of labour, must take account of other things besides
the capacity of industry to pay.
The Recommendation adopted in 1928 makes no reference
to this first criterion. The other two (the standard of living and
equivalence with wages paid in well organised industries) it
adopts as essential. And it refers to a third principle in stating
that the Conference " thinks it right to call the attention of
Governments to the principle affirmed by Article 427 of the
Peace Treaty that men and women should receive equal remuneration for work of equal value ".
At the time, account had to be taken of differences of opinion
regarding the advisability of applying the principle of equality,
and in particular of the reservations of those who attached
special importance to the so-called " living wage " principle.
Although the principles of the living wage and of equal pay are
not fundamentally contradictory, incompatibilities may arise
from the interpretation given to the first in the legislation of
certain countries.
The principle of the living wage as defined in the Constitution
requires that the minimum rates should ensure to the workers
1
See especially op. cit., pp. 27-38.
376
THE LAW AND WOMEN'S WORK
" a reasonable standard of life as this is understood in their time
and country ". This is unquestionably a just rule, but it is not
specific and must be implemented by definitions. Its application necessarily involves an estimate of needs, which is no
simple matter and may be made in various ways.
There would be no conflict between the principle of the living
wage and that of equal wages for workers of both sexes if the
minimum wage to be fixed by law in consideration of the standard of living was regarded as an individual wage calculated to
meet the needs of the wage earner alone and to be supplemented,
in the case of wage earners of either sex responsible for the support of others, by sums calculated in relation to their actual
responsibilities. Thus it is possible for minimum wage fixing
to base wage rates on the individual cost of living, if supplemented by a family allowance system.
Such a combination of minimum wages and family allowances is provided for in the recent Chilean Act, No. 6020 of
5 February 1937. It must be recognised, however, that family
allowance systems—which, actually, have usually been established without relation to minimum wage-fixing schemes—
are still rare and imperfect. Although in recent years there has
been an increase both in the number of countries in which they
are in force and in the range of occupational groups to which
they are applied, and also improvements in their organisation
and increases in the benefits they provide, they are, nevertheless,
still in the experimental phase. Moreover, even where they are
best organised they bring only very modest additions to the
resources of their beneficiaries. Nowhere have they yet proved
an adequate instrument for the adaptation of wages to needs.
While it is by no means inconceivable that they may ultimately
fulfil this purpose, it must be recognised that in a number of
countries, and particularly in the Anglo-Saxon countries, the
workers themselves have shown little desire for the establishment
of such systems or have even regarded them with suspicion.
In view of the difficulty of introducing a system which adapts
wages to the needs of the individual worker, several countries
have attempted to use a general rule which gives approximately
the same result.
While the needs of individuals vary according to factors which
are common to both sexes and can be relatively easily gauged
(local conditions, social standing, price levels, etc.), they also
vary according to individual factors such as family responsibilities. For family responsibilities it has been sometimes
WAGE REGULATION
377
assumed that the sex of the worker, if not an entirely reliable
index, might nevertheless be taken as a fairly reasonable guide
for the calculation of supposed needs. In several parts of the
British Commonwealth where minimum wage-fixing systems
base rates upon the principle of the living wage, it is provided
that the rates for adult male workers shall be sufficient for the
maintenance of a family of a given composition (usually father,
mother, and two or three children), while the basic wage of an
adult woman need only suffice for the support of a single person
living alone.
This rule, based on family law, which in these countries
places on the husband the responsibility for the material maintenance of the family, no doubt corresponds to the facts in a
large proportion of cases ; but there are certainly cases for which
it does not hold. Their number varies from country to country
and with the conditions of the times, but certain enquiries
already made seem to show that they are too numerous to be
longer regarded as exceptional. To estimate their frequency
in a substantial number of countries and under different circumstances and in various sections of society the International Labour
Office is now pursuing an enquiry into the contributions of
women workers to the support of dependants. Without the
full results of the enquiry being available it can be taken for
granted that there are women who would be unjustly treated by
a general practice of giving them a wage sufficient only for the
maintenance of a single person—widows with children to support,
deserted mothers of illegitimate children, women with invalid or
unemployed husbands or husbands who are incapable of work
or have deserted their families, girls who must support infirm or
aged relatives, etc. Conversely single men, married men with
self-supporting wives and widowers without children may be
fortuitously favoured by a rule which gives them a wage intended
to meet the needs of a man who is the head of. a family and has
a wife and children to support.
If such a method of calculating living wages places female
workers at a disadvantage as regards minimum rates, it favours
them considerably as regards the possibility of finding employment, since the inferiority of their basic wages offers employers
what amounts to a bonus for the employment of female labour.
On account of this, countries which fix minimum wage rates on
the " living wage " basis just described, and for employments for
which male and female labour may compete, have sought to
avoid disturbing the equilibrium of the labour market by advising
378
THE LAW AND W O M E N ' s WORK
the authorities responsible for wage fixing to take account of
other matters besides the presumptive needs of men and women
described above. Several Australian State laws, in particular,
provide that in the fixing of women's wages regard must be had
to the value of the work performed. This involves the principle
contained in the axiom " equal remuneration to men and women
for work of equal value ", which was referred to in the 1928
Recommendation. Inclusion of the value of the work performed
among the factors to be considered in wage fixing may logically
lead to fixing, in some cases, a single common rate for both sexes,
and the criterion of the living wage as defined in the basic
regulations may be subordinated to the principle of equality.
Since these two formulae for wage fixing are irreconcilable,
the industrial tribunals entrusted by the laws of the States in
question with the duty of fixing minimum wages are obliged to
make use of whichever of them seems better to meet the requirements of a given situation. For a long time they gave most
attention to the principle of a living wage as defined in their
particular States, but recently they have, in certain cases, made
the value of the labour the controlling factor in the determination
of wages, and applied the principle of equality of remuneration
without distinction of sex. This development has been followed
with sustained interest by various elements of public opinion
in the countries in which it is taking place, by feminine groups
advocating equality of pay for the two sexes, and no less by trade
unionists disturbed by the fact that a difference in the remuneration of the sexes is an inducement to substitute female for
male labour.
The comparative method of wage fixing which bases the rates
to be paid in a given occupation on the wages currently paid for
similar work in better organised employment does not lead to
the same contradictions ; the principle on which it is founded is
easily reconcilable with that of remuneration without reference
to sex. But it does not guarantee observance of the principle
of equality, for it tends to perpetuate current usages, which are
not necessarily good ones. Nevertheless this method has the
undeniable practical advantage of providing a solid basis for
the determination of wage rates, one that is easier to substantiate
than a standard of living and is especially advantageous when
comparison can be made with a well-organised industry in which
wages are fixed by collective agreement. The new method,
consisting in making compulsory upon whole industries observance of the terms of collective agreements concluded between
WAGE REGULATION
379
portions of their employers and workers, is really only a variation of this method.
Although the comparative method does not necessarily
involve the application of the principle of equality, there is no
reason why the figures provided by comparisons should not be
adjusted in deference to that principle, in the act of fixing rates.
And if, by fixing single rates payable to both sexes in given classes
of employment, and based upon the figures of wages paid to male
workers in well-organised industry, legal minimum wage fixing
requires observance of the principle of equality, it not only makes
for a healthy situation in the occupation to which the legal rates
apply, but also, thanks to the law of imitation which plays so
important a role in economic life, it tends to introduce new usages
that may influence those wages within the industries affected,
which, being above the minimum levels, are determined by free
negotiation, and, beyond those industries, may influence other
departments of the national economy. Consequently establishment of legally obligatory minimum wage rates for the two
sexes is of indubitable importance to the evolution of the economic position of women workers, and to the better payment of
women in general, in accordance with the principle of equality
which is discussed below.
§ 3.—The Representation of Women Workers
on Minimum Wage-Fixing Bodies
The 1928 Recommendation makes particular reference to the
representation of women workers on bodies entrusted with the
fixing of minimum rates for industries having large numbers of
female employees. Obviously the advice of women should be
taken when rates are to be established for such industries, so
that women workers may feel assured that their interests are
not neglected and that all relevant information may be placed
before the bodies charged with the difficult task of wage fixing.
Such representation is conducive to the fixing of rates which are
both just and practicable, and it is therefore ensured in most
countries.
The right of women to representation may be established by
law in two ways. The law may grant men and women the same
rights of representation ; strictly equalitarian provisions are not
mentioned in the appendix to this chapter, since the question of
sex plays no part in them. Alternatively, in order to secjure at least
a minimum of female representation, the law may definitely
380
THE LAW AND WOMEN'S WORK
require either all minimum wage-fixing bodies, or those of them
concerned with industries with many female employees, to
include women members. Sometimes the law even fixes the
required proportion of feminine membership. Provisions of
this kind are summarised below, as are also those very rare
provisions which apply, in the case of women, an exception to
the general rule of representation of the parties directly concerned.
B.—NATIONAL LAWS AND REGULATIONS
§ 1 .—The Place of Special Regulation for Women Workers
in the various kinds of Minimum Wage-Fixing Systems
Regulation of the wages of women is but one phase of wage
regulation, and plays such dissimilar parts in the legislation of
different States that an attempt must be made to indicate both
the degree of its importance in various wage-fixing schemes and
the character of its relation to the general system. To do this
it is necessary first to distinguish systems of various sorts. Wagefixing schemes are extremely complex and description of them
is the more difficult because several schemes are often in operation
at the same time in the same country.
Systems of one type undertake to fix minimum rates only
in badly organised branches of the economic system—that is
to say, in a relatively small number of occupations—and only
in order to prevent excessive depression of wages.
Some systems of this type (that in force in Great Britain,
for instance) apply to any occupation which is found to be badly
organised, -but most of them cover only home work. Large
numbers of these systems exist, some of them dating many years
back, but they rarely apply specially to women, and they are
therefore rarely t mentioned in the summaries of legislation
appended to this chapter. A few, however, applied originally
to women workers only, and have subsequently been extended
to cover male workers. In France, for example, the scope of the
first legislation providing for wage fixing, as adopted in 1915,
was limited to female home workers in the clothing industry,
but was later extended first to include women in certain other
branches of home work, and then to include men in the branches
covered. Sometimes special provision has been made, as an
emergency measure, for the immediate relief of the situation
WAGE REGULATION
381
of womea workers pending the application of an inclusive
scheme (in Cuba, for example).
But even if wage-fixing machinery is in principle applicable
to both sexes, it may in practice sanction sex discrimination,
especially in the fixing of rates. Where only home work is
concerned there is little occasion for such discrimination, since,
for practical reasons, remuneration for home work is generally
at piece rates, and where payment is at piece rates it is not
customary to take into account the sex of the worker. Even in
factories, piece rates are usually fixed without regard to the
personality of the worker and in home work personality disappears
entirely from view, the product often being the result of the joint
activity of a whole family—father, mother, and children.
This apparent equality of treatment where piece rates are
paid may, of course, be illusory ; lower rates are often fixed for
types of piece work generally executed by women. But it is
obviously impossible to take account of concealed distinctions
when giving a summary of regulations.
Under minimum wage-fixing systems applicable to work
done in factories time rates are often established and it is by no
means unusual for these rates to show discrimination on grounds
of sex. And here again, when there is no apparent discrimination
and minimum hourly rates are established for given types of
work without reference to the sex of the worker, the rates may
be lower for types of work usually done by women than for those
generally performed by men.
When, under legislation applying indiscriminately to all
workers within its scope, the rates are, in practice, definitely
fixed according to sex, the fact is mentioned in the appendix
to this chapter, though it has of course been impossible to quote
all the discrepant rates.
Systems of a second type provide for the fixing of minimum
rates, not only to reform the worst cases of wage depression and
for strictly limited forms of work, but for large classes of occupations and sometimes even for all employment. The Union
of South Africa, the various Australian States and New Zealand
have made extensive use of systems of this kind, and some of
these States have laid down in their actual legislation the general
principles according to which basic wages are to be determined.
In most of these systems the sex distinctions made in the fixing
of rates are based on principles thus laid down. These principles are therefore indicated in the appendix to this chapter
and the very numerous measures applying them are referred to
¿82
THE LAW AND WOMEN'S WORK
only when they show important divergencies in the application
of the principle.
An important feature of most of the laws of this type, which
explains the wide use of wage fixing in the countries in which
they are in force, is that they provide for wage fixing by the
competent authorities on request from employers' or workers'
organisations. In contrast to legislation of the first type, which
deals chiefly with occupations in which organisation is feeble
or lacking, legislation of this second type has led to the extension
of wage fixing in well organised occupations ; in this it is akin
to legislation of yet a third type.
Under this third type, by which wages are fixed for workers
of either sex, the scales laid down by collective agreements are
make legally binding. This mode of wage fixing, the use of
which is at present rapidly extending, is often employed concomitantly with the other systems already described. Since it
presupposes developed trade union organisation, it is never
confined to women wage earners only, though it has sometimes
been applied to branches of industry employing a large proportion
of female staff (e.g. the textile and clothing industries) when
there was sufficient organisation among the workers to effect the
negotiation of a collective agreement. Only one aspect of this
system is relevant to the present enquiry, namely, the level of the
wage rates which it establishes for the two sexes. Since it would
not be possible to present a complete analysis of all the wage provisions of collective agreements which have been made legally
binding indifferent countries, an attempt has been made to indicate whether the rates they prescribe are in general established
for categories of employment and are the same for both sexes
or whether they are for categories of workers, classified by sex.
It is evident that a system of wage fixing that makes use of
trade agreements opens the way to variety of policy, since the
standards established in agreements are in each case the result
of practical negotiations between the parties concerned and do
not represent the decision of an authority applying a constant
principle.
Finally, there is a fourth type of wage-fixing system which
has been evolved specially for women or which, in principle at
least, does not apply to adult male workers, or only exceptionally
to them, though some of these systems cover young persons.
Systems of this kind are found chiefly in two c o u n t r i e s Canada and the United States—and the evolution of the regu-
WAGE REGULATION
383
lation of women's wages under these systems is of sufficient
interest to warrant a brief description.
In Canada minimum wage-fixing legislation was passed between 1920 and 1925 in seven of the nine provinces, and applied
at first only to female workers, though it covered a very wide
field of economic activity. By successive extensions of its scope,
this legislation has been made applicable to all industry and
commerce, and in certain provinces to all gainful employment
except domestic service, or domestic service and agricultural
work. It has been applied in practice by a large number of
wage-fixing Orders covering a great variety of occupations.
This legislation, which has been repeatedly amended to make it
increasingly effective and to defeat attempts to evade the law,
was so successful in resisting the attempt to reduce wages which
was provoked by the depression that women, protected against
wage cuts by the fixing of legally established minimum rates,
met competition in the employment market from unprotected
male workers, who were sometimes engaged in place of women at
wages lower than those legally established for women. To
prevent such competition without having to reduce considerably
the rates originally fixed, the Canadian authorities entrusted
with the administration of women's minimum wage laws asked
the provincial parliaments to put into these laws clauses requiring
that the legal minima fixed for women should be paid to men
replacing women in any given employment. From 1934 onward,
a still further extension of the scope of wage regulation has been
taking place in most of the provinces ; systems of wage fixing
for men have been organised. These were at first separate from
those for women, and some of them have remained so. But first
in British Columbia and then in other provinces, the application
of both the male and the female minimum wage laws was entrusted to a single administrative authority and a complete fusion of
regulation is gradually taking place. In 1937 several provinces
adopted fresh legislation in the form of a single minimum wage
law applying to both sexes.
In the industrial provinces of Ontario and Quebec inclusive
establishment of minimum wages for all workers was first
effected by the compulsory extension of collective agreements ;
later, in 1937, these two provinces adopted legislation providing
for the fixing of male and female workers' wages by Order, while
certain other provinces in their turn adopted the method of
compulsory extension of collective agreements. Consequently,
384
THE LAW AND WOMEN'S WORK
the legal regulation of wages, long restricted to women workers,
may now be effected for both sexes, by either of two methods,
in most of the provinces. At the end of 1937 there remained
only one province—Nova Scotia—in which only women's wages
were subject to regulation by law.
The activity of the wage boards has not declined with the
increasing tendency of legislation to include both sexes in the
scope of wage-fixing schemes. New Orders are continually
extending wage regulation to more fields of employment, and the
more recent of them show a tendency to fix rates by occupation
without reference to sex. In some provinces, moreover, blanket
wage orders have been issued which fix minimum wages for
persons employed in all occupations for which no specific Order
has yet been issued, with the result that there is, so to speak, a
triple line of defence—a blanket minimum rate, minimum
rates established by specific Order for particular occupations,
which may be higher than the blanket rates, and, finally,
standard rates for both sexes established by certain collective
agreements the application of which has been extended by law.
In the United States, the evolution of legislation has been
even more complicated, for regulation of women's wages by the
States has passed through phases of actual retrogression, as well
as stages of progress, with the interpolation of certain attempts
by the Federal Government to fix minimum wages for both sexes.
Between 1912 and 1917, seventeen State legislatures enacted
laws on minimum wages for women. Some of these laws,
however, shortly after their adoption were held unconstitutional
by decisions of the United States Supreme Court, or of State
courts. These judgments struck a serious blow at the whole
movement. The application of several Acts already in force
necessarily ceased and no attempt was made to apply others
which had not yet been put into effect. In a few States attenuated forms of regulation were continued without any attempt
to apply coercion. When the economic depression set in, all
wages suffered, but especially those of women. In 1933 the
gravity of the situation led seven States to introduce or reintroduce legislative measures for the establishment of minimum
wages for women in a new form which, it was hoped, would not
be found to conflict with provisions of the Constitution.
At the same time, a great effort was made by the Federal
Government to maintain the wages of workers of both sexes by
means of industrial codes, the general purpose of which was to
WAGE
REGULATION
385
establish standards of employment in the various branches of the
economic system. Of the 203 codes adopted for the more
important industries in 1932 and 1933 about 77 per cent, laid
down single minimum wage rates for workers of both sexes,
while most of the remainder, establishing separate scales of
minimum wages for men and women, contained a clause to the
effect that male and female workers performing the same work
should receive the same wage.1
The life of this first attempt at general regulation of wages
proved short, for the Industrial Recovery Act on which it depended
was soon declared unconstitutional. But the States had continued
their efforts to provide valid legislation for the establishment of
minimum wages for women, by the introduction of new legislation, or the modification of old, on lines which were thought to
be compatible with the provisions of the Constitution ; in particular they replaced or supplemented the principle of the living
wage by that of fair remuneration for services rendered. Conferences were held among representatives of State authorities
which discussed problems of wage legislation and possibilities
of co-ordinating policy and assimilating rates.
In 1934 a semi-official agreement dealing with the adoption
and administration of minimum wage legislation in application to
women was signed by the representatives of the Governors of
seven States, and declared open to the adherence of other
States. 2 It represented ail attempt to promote the spread of
wage legislation by inter-State action, and so relieve the industries'
of States protecting women's wages of the necessity of competing
with undertakings which, in the absence of wage legislation in
the States in which they were located, were not required to
observe any standards.
In 1936 the whole movement for women's minimum wage
legislation received a set-back when the United States Supreme
Court sustained a decision of the New York State Court which
held the newly adopted law of that State unconstitutional on
1
See : " The Codes of Fair Competition and Women's Wages in the
United States", International Labour Review, Vol. XXIX, No. 6, June
1934,
p. 812.
2
" A compact for establishing uniform standards for conditions of
employment, particularly with regard to the minimum wage in States
ratifying the same." This agreement has been ratified by the legislatures
of New York, New Hampshire and Rhode Island. On 12 Aug. 1937
it was given official status by the approval of the Federal Congress, which
is required for the validation of all inter-State agreements.
25
386
THE LAW AND WOMEN'S WORK
the precedent of the original unfavourable decision of the
United States Supreme Court. But a few months later it
received new impetus when the Supreme Court, overruling its
own original decision, held that the law of the State of Washington, based squarely on the principle of a living wage, was not
in conflict with the guarantees contained in the Federal Constitution. The next few months witnessed the adoption of four
new Acts, the revival of four other Acts, the amendment of still
another four and steps taken to apply two Acts which had never
been enforced. By the end of 1937 there were twenty-four laws
representing minimum wage regulation in almost half the States,
the District of Columbia (the seat of the Federal Government)
and Porto Rico.1
While legislation for establishing minimum wages for women
is thus spreading, there is a parallel development of legal minimum wage fixing for both 'sexes. Federal measures for
inclusive minimum wage fixing are being applied to employments
with respect to which the Federal Congress has power to legislate.
Of such inclusive character are the provisions in a recent Act
concerning work on Government contracts, which makes no
explicit reference to sex, and of a bill of the first importance
providing for fixing of minimum wages and maximum hours for
persons engaged in handling goods entering into inter-State
commerce.2 It is noteworthy that one of the State laws adopted
in 1937—that of Oklahoma—provides for wage fixing for workers
of both sexes.
These interesting innovations seem to portend the application
of the principle of equality in the remuneration of the two sexes,
as regards minimum rates, a principle which could not be applied
in the laws which provided for the fixing of minimum rates for
women only, but received wide application in the Industrial
Codes.
§2.—The Problem of Equal Wages for Identical Work
In reviewing the various schemes of minimum wage fixing,
reference has frequently been made to the problem of the
' B y the end of 1938, twenty-seven laws, i.e. in twenty-five States
(more than half), the District of Columbia and Porto Rico.
' Adopted in 1938 : The Fair Labor Standard Act. The Act fixes
for all employees a single basic minimum rate with provision for establishing a higher rate for any given industry and for specified increases
in the general basic rate during the next seven years. No classification
on the basis of sex may be made by the Orders fixing the wage rates.
WAGE REGULATION
387
relation of men's and women's wages, but only within the limits
of the establishment of minimum rates. Objective examination
of existing minimum wage legislation shows that at present,
after some vacillation, legislation in the majority of cases has
adopted the principle of equality to this limited extent. But
the principle is applicable not to minimum rates only and has
a wider application, which is mentioned in Article 41 of the Constitution of the International Labour Organisation. Its application, however, admittedly becomes more difficult when it
passes minimum wages to the higher ranges of remuneration,
and consequently the tendency to apply it there is not yet so
pronounced.
Since wage rates above the minimum are rarely fixed by
law, the opportunity seldom arises to lay down the principle of
equality in those cases. But every State has an opportunity of
proclaiming the principle when it comes to the remuneration
of its own employees. The chapter in this volume that deals
with the position of women in public services examines the
question of salaries and contains information concerning a large
number of countries. But the reader will also find in the appendix to the present chapter a certain number of provisions,
included in national constitutions, labour codes or acts, which
affirm, sometimes imperatively, the principle of equal pay for
equal work as applicable to all forms of paid employment.
Provisions of this kind are, obviously, not easily enforced, for
their application involves control covering a great variety of
individual cases, and the alteration of habits deeply entrenched
in custom. Nevertheless, the development of wage-fixing
systems established by law seems likely to create in the future
conditions more favourable than those of the past to the introduction of practices in harmony with the principle of equality.
It is perhaps permissible to hope for such effects from the compulsory extension of collective agreements, which tends to generalise
the standards prevailing in well-organised industries ; and these
are the best standards.
APPENDIX
LEGAL REGULATION OF WOMEN'S WAGES
A—INTERNATIONAL LEGISLATION
Convention (No. 26) concerning the creation of minimum wagefixing machinery and Recommendation (No. 30) concerning the application of minimum wage-fixing machinery, adopted by the International
Labour Conference at its Eleventh Session in 1928 (see page 372).
COLOMBIA-PERU
I. Legal Provisions with Respect to Equality of Beznuneration
tfor the two Sexes
Equal wages for the two sexes (section 17 of the Supplement to the
Treaty of Peace, Friendship and Co-operation, signed in 1934).
IJ.
B.—NATIONAL LEGISLATION
ARGENTINA
I.
II.;—Minimum Wage Fixing
A.
LAWS PROVIDING FOR WAGE FIXING
(a) In application lo both men and women
Federalion
Act No. 10505, 8 Oct. 1918, concerning home work in the Federal
capital and the national territories, sec. 14, and Decree No. 94077
for its application, dated 10 November 1936, sec. 24.
Budget Act No. 12345, 1937 (minimum wages for adult workers).
WAGE
REGULATION
389
Provinces
Mendoza :
Act No. 916, 30 Dec. 1926, on weekly rest for domestic servants,
sees. 3 and 7.
Act No. 922, 26 J u l y 1927, on minimum wages, sees. 1 and 2.
Salta :
Güemes Labour Act, 7 May 1921, sees. 11 and 28.
(b)
B.
BASIC P R I N C I P L E S FOR THE DETERMINATION OF MINIMUM W A G E S
Federation
Wage rates (for adult workers over 18 years of age) are fixed without
distinction of sex. (Budget Act, 1937.)
C.
D.
APPLICATION OF W A G E F I X I N G
(a)
(b) Relation between men's and women's rales where rales
have been fixed for both sexes
Equal rates without sex discrimination :
Federation (see B ) .
Provinces
Mendoza : for domestic servants (Act of 30 Dec. 1926) ; for workers
employed by the State or by municipal authorities in industrial,
commercial, vinicultural and viticultural undertakings (Act of 26
July 1927).
Salla : for industrial and agricultural workers (Güemes Labour Act,
1921).
E.
REPRESENTATION OF W O M E N ON MINIMUM W A G E - F I X I N G B O D I E S
The wage committees responsible for fixing minimum wage rates in
home work must include equal numbers of representatives, male or
female, of employers and of adult workers in the industries concerned
(Gf. Act No. 10505 of 1918, and the Decree issued under it in 1936).
390
THE LAW AND WOMEN'S WORK
AUSTRALIA
I.
L e g a l P r o v i s i o n s w i t h R e s p e c t t o Equality of R e m u n e r a t i o n
for t h e t w o S e x e s
New South Wales : The Industrial Arbitration (Amendment) Act, No. 14,
1926, empowers the Industrial Commission t o decide all industrial
matters which may be referred t o it by the Minister (sec. 7 ( 1 ) (a)).
The principal Industrial Arbitration Act of 1912-1926 includes under
" industrial matters ", inter alia : " any claims t h a t t h e same wage
shall be paid to persons of either sex performing the same work or
producing t h e same return of profit or value t o their employer "
(sec. 5 (g)). I t is stipulated, however, in t h e Conciliation and
Arbitration Act of 1936 t h a t the living wage of female workers must
be fixed at 54 per cent, of t h a t of male workers (sec. 5 (g) amending
sec. 7 (1) (b) of Act of 1926).
Queensland : " The same wages shall be paid to persons of either sex
performing t h e same work or producing the same return of profit
to their employers " (Industrial Conciliation and Arbitration Act,
1932, sec. 8 (1) (i) (a)).
II.
A.
M i n i m u m Wage Fixing
L A W S PROVIDING FOR W A G E F I X I N G
(a) In application to both men and women
Commonwealth : Conciliation and Arbitration Act, 1904-1934 (providing
for the fixing of basic wages b y award of the Court of Conciliation
and Arbitration, and giving power to the Court and to conciliation
commissioners t o fix minimum wage rates and make any terms of
a collective agreement applicable t o a whole industry).
New South Wales : Industrial Arbitration Act, 1912-1937 (providing
for the fixing of minimum wages b y the Industrial Commission,
industrial boards and conciliation committees, and also empowering
the first named to give the force of awards t o collective agreements).
Queensland : Industrial Conciliation and Arbitration Act, 1932-1936
(empowering the Industrial Courts t o fix basic and minimum wages
and to give the force of an award to any industrial agreement and
make it binding on an industry throughout the area specified in the
agreement).
South Australia : Industrial Acts, 1920-1925, and Act No. 2251 of 1935
(providing for the fixing of a living wage by the Board of Industry
(pending its action, by the Industrial Court) and of minimum wages
b y industrial boards or t h e Industrial Court, and also empowering
the Court to give collective agreements the force of awards and to
extend their application to whole industries or occupations throughout
any given area).
Tasmania : The Wages Boards Act, 1920-1924 (providing for the fixing
of minimum rates by wage boards and ascribing the force of law to
registered collective agreements).
Victoria : The Factories and Shops Act, 1928, as amended in 1934 and'
1936 (providing, inter alia, for the fixing of minimum rates b y wage
boards and by the Court of Industrial Appeals).
WAGE REGULATION
391
Western Australia : Industrial Arbitration Act, 1912-1935 (providing
for the fixing of basic and minimum wages by the Court of Arbitration
and by the Industrial Boards, for giving collective agreements the
force of awards, and extending their application to whole industries
or occupations).
(b)
B.
BASIC P R I N C I P L E S FOR THE DETERMINATION O F MINIMUM
WAGES
Commonwealth : There are no legal provisions discriminating between
male and female workers. In practice, the basic wage for adult men
is calculated with reference to the needs of a man with a wife and
two children. No basic wage has been fixed for women, b u t minimum
wages for adult women are usually fixed at figures which represent
52 per cent, of male wages. 1
New South Wales : The living wage of adult male workers must be equal
to the basic wage rate fixed for the Commonwealth, or t h a t wage
plus specified supplements and adjusted with reference to changes
in the cost of living (Act of 1937).
The living wage of adult female workers must be fixed at 54 per
cent, of t h a t of adult male workers (amending Act of 1936, sec. 5).
See also I.
Queensland : See I (equal pay for equal work).
The law requires t h a t the basic wage for an adult male employee
" shall not be less t h a n sufficient to maintain him and a wife and
three children, having regard to the conditions of Jiving prevailing
among employees in the calling in respect of which'such basic wage
is fixed ". It provides t h a t the basic wage of an adult female worker
shall not be less than is sufficient to enable her to support herself
" having regard to the nature of her duties and to the conditions of
living prevailing among female employees in the calling in respect
of which such basic wage is fixed " (Act of 1929, sec. 13 (3) (d)
(i) and (ii)).
Soulh Australia : The law does not lay down any definite principle, but
implies t h a t different rates will be fixed for male and female workers
(Act of 1926, sees. 169 (2) and 264). In practice, the basic male rate
is calculated
with reference to the needs of a man with a wife and three
children 2 and the basic female rate is fixed at a lower figure. (See
D (b).)
Tasmania : The law provides t h a t sex may be taken into account in the
fixing of wages (Act of 1920, sec. 23, (1) (c)).
Victoria : The wages boards must take sex into consideration and may
(if they think fit) fix different rates for men and women (Factory
and Shops Act, 1928, sec. 145 (2)). The Act of 1934 lays down
t h a t any provisions made in awards of the Commonwealth Court
of Conciliation and Arbitration, or of a conciliation commissioner
under the Commonwealth law, for any industry shall be, as soon
as possible, incorporated in any determinations made b y wages
boards for t h a t industry, in so far as they are, in the opinion of a
majority of the board, proper for incorporation (sec. 23 (1)).
Western Australia : The basic wage is defined by t h e law as a sum
sufficient to enable the average worker to whom it applies to live
in reasonable comfort, having regard to any domestic obligation
1
Labour Report, No. 26 of the Commonwealth Bureau of Census and Statistics, Feb. 1937,
p. 81 : and Journal of Parliaments of the Empire, July 1936, p. 567.
'Ibid., p. 87.
392
THE
LAW AND
WOMEN'S
WORK
to which such average worker would be ordinarily subject (Act of
1912-1925, sec. 121 (2)). The reference in the Act to " a basic
wage to be fixed for male and female workers " is interpreted as
envisaging the fixing of different rates for the two sexes (sec. 121 (1)).
In practice, the basic male wage is calculated with reference to the
needs of a man with a wife and two children,1 and the basic female
wage is fixed at a lower figure (Cf. D (b)).
C.
D.
APPLICATION OF WAGE FIXING
(a)
(b) Relation between men's and women's rates where rates
have been fixed for both sexes
(1) Rates fixed with reference to sex and lower for women :
Commonwealth : Minimum wages for adult
women are generally fixed
at 52 per cent, of those for adult men.s
New South Wales : The female living wage has been fixed at 54 per cent.
of the male living wage. (Cf. B.)
Queensland : The basic wage laid down on 22 March 1937 for women
(£2 Is. Od.) is slightly more than half the basic wage for men
(£3 18s. Od.).'
South Australia : The male basic wage was fixed in Jan. 1937 at £3 9s. 6d.,
the female wage in force being £1 13s. Od.
Tasmania : Wage boards 4are usually guided by standards fixed by the
Commonwealth Court.
Victoria : Awards fixing minimum wages are based 6on the awards made
by Commonwealth Courts for similar industries.
Western Australia : In Oct. 1937 basic wages were fixed at £3 14s. l i d .
for men and £2 Os. 5d. for women in the metropolitan area, and
at £3 15s. lOd. and £2 Os. l i d . outside that area.
Minimum wages are fixed at the basic rates or at these plus
specified margins (e.g. the award of 23 October 1937 concerning the
spirits and mineral waters industry fixed the minimum wages of
male workers for some occupations at the basic rate, for others at
that rate plus margins of 2s., 5s., 8s. and 12s., while the minimum
wage of female workers was fixed at Is. 9d. above the female basic
wage).6
(2) Rates fixed by occupation and the same for both
New South Wales : (e.g. agreement applying to the
which provides that women employed in work for
but no female minimum wage has been fixed must
male rate).'
'
sexes :
printing trade,
which a male
be paid at the
1
Labour Report, No. 26 of t h e Commonwealth Bureau of Census and Statistics, F e b .
1937. p . 87.
•
s
Ibid. p . 8 1 .
' Queensland Industrial Gazette, 1 April 1937, p . 48.
4
Labour Report, No. 26 of t h e Commonwealth Bureau of Census a n d Statistics, F e b . 1937,
p . 87.
• Ibid., p . 84.
' Western Australia Government Gazelle, 12 Nov. 1937, p . 1956.
' T h e employment of women in t h e mechanical d e p a r t m e n t of a printing office is
prohibited.
WAGE
393
REGULATION
Queensland : (e.g. a single rate fixed for both male and female shop
assistants of certain classes).
E.
REPRESENTATION OF W O M E N ON MINIMUM W A G E - F I X I N G BODIES
New South Wales : Industrial boards must consist of a chairman, and
equal numbers of employers and employees who are or have been
actually engaged in the industry or calling for which the board is
constituted : Where the employers or the employees in t h e industries
or callings consist largely of females " (as in certain contingencies
concerning males), members may be appointed who are not engaged
in the industries or callings ". (Industrial Arbitration Act, 19121926, sec. 16 (5).)
BOLIVIA
I.
II.
A.
Minimum Wage Fixing
LAWS PROVIDING FOR W A G E F I X I N G
(a) In application lo both men and women
Supreme
(sec. 1).
Decree of 19 Mar. 1937 concerning
(b)
B.
minimum
wages
:
BASIC PRINCIPLES FOR T H E DETERMINATION OF MINIMUM W A G E S
(See D (b)).
D.
APPLICATION OF W A G E F I X I N G
(b) Relation between men's and women's rates where rales
have been fixed for both sexes
Explicit provision for one common rate for both sexes in all wage
work and salaried employment covered by the law. If women perform
less exacting work than t h a t demanded of men, they may be paid' at a
lower rate. (Decree of 19 Mar. 1937.)
E.
BRAZIL
I.
Legal Provision w i t h R e s p e c t t o E q u a l i t y of R e m u n e r a t i o n
for the t w o S e x e s
Equal pay for equal work without consideration of sex (Decree No.
21417 of 17 May 1932 concerning the employment of women in industry
and commerce, sec. 1 ; and Constitution of 16 July 1934, sec. 121).
394
THE LAW AND WOMEN'S WORK
BULGARIA
I.
II.
A.
M i n i m u m Wage Fixing
LAWS PROVIDING FOR W A G E F I X I N G
(a) In application
to both men and women
Legislative Decree of 5 Sept. 1936 concerning contracts of employment
(laying down t h a t wages must not be less than the minimum wage fixed
in the collective agreement).
Collective agreement concluded on 4 F e b . 1937 between t h e
Employers' Union and the Union of Workers in t h e Tobacco Industry.
B.
C.
D.
APPLICATION OF W A G E F I X I N G
(a)
(b) Relation between men's and women's rates where rales
have been fixed for both sexes
The collective agreement for the tobacco industry establishes several
different wage scales, some of which do not discriminate between the
sexes, while others provide lower rates for women t h a n for men.
E.
CANADA
I.
II.
A.
M i n i m u m Wage Fixing
L A W S PROVIDING FOR W A G E F I X I N G
(a) In application to both men and women
Alberta : Industrial Standards Act, 1935, Chap. 47 (extension of Collective
Agreements).
Manitoba : Minimum Wages Act, 1918, Chap. 38, as amended by the
Acts of 1931, Chap. 35 ; 1934, Chap. 29 ; and 1935, Chap. 29.
New Brunswick
: Fair Wage Act, 1936, Chap. 51.
Ontario : Minimum Wage Act, 1937, Chap. 43.
Industrial Standards Act, 1935, Chap. 28 (extension of Collective
Agreements).
Quebec : Fair Wage Act, 1937, Chap. 50.
Collective Labour Agreements Act, 1937, Chap. 49, as amended
in 1938 (extension of Collective Agreements).
WAGE REGULATION
395
Saskatchewan : Minimum Wage Act, 1936, Chap. 115, as amended by
the Act of 1937, Chap. 88.
Industrial Standards Act, 1937, Chap. 90 (extension of Collective
Agreements).
(b) In application to women only
1
Alberta : Minimum Wage (Women) Act, 1925, Chap. 23, as amended
by the Acts of 1930, Chap. 26, and 1936, Chap. 77.
British Columbia2 : Female Minimum Wage Act, 1934, Chap. 48.
Nova Scolia : Minimum Wage for Women Act, 1920, Chap. 11, as amended
by t h e Act of 1924, Chap. 57, and the Statutes of 1931, Chap. 57.
B.
BASIC P R I N C I P L E S ¡FOR ¡THE DETERMINATION [OF MINIMUM W A G E S
Prohibition of employment of male workers for
wages lower t h a n t h e female minimum wage
Alberta
)
in occupations in which minimum wages have
British Columbia \
been fixed for women. (In Alberta, pending
the establishment of minimum wages for male
workers by Order in Council No. 495 of 1937.)
C.
OCCUPATIONS WITH R E S P E C T TO WHICH THE L A W PROVIDES FOR
MINIMUM W A G E F I X I N G FOR W O M E N ONLY
Alberta : All occupations except domestic service.
British Columbia : All occupations except domestic service, farm labour,
and fruit-picking.
Nova Scotia : All occupations except domestic service and farm labour.
D.
APPLICATION OF W A G E F I X I N G
(a) Occupations for which wage rates have been fixed for women only
(1) By Orders under Acts now in force applying only 'to women :
Alberta : Bookbinding, embossing, engraving and printing ; dressmaking,
tailoring and fur sewing, millinery and other manufacturing work ;
fruit and vegetable canning, drying and packing ; laundering, drycleaning and dyeing ; employment in shops, stores and mail order
houses ; offices ; hotels, restaurants and boarding houses, etc. ;
telephone operators ; personal service (including work in beauty
parlours and barber shops-, work of ushers in theatres, etc., cloakroom attendants in dance halls, etc.).
British Columbia : Manufacturing ; fishing ; mercantile industry ;
fruit and vegetable drying, canning, etc. ; laundry, dry-cleaning
and dyeing ; offices, hotels, telephone and telegraph ; public housekeeping (including work of waitresses, cooks, etc., in hotels, restaurants, etc., elevator operating, etc.) ; personal service (including
hairdressing, etc., ushering in theatres, etc., garage and chauffeur
work, etc.). By a blanket Order all occupations not regulated
specifically.
1
In this province a separate Act—but administered by the same board as that dealing
with women workers—provides for the fixing of minimum wages for male workers (Act
of 1936, Chap. 76).
» Idem : Act of 1934, Chap. 47.
396
THE LAW AND WOMEN'S WORK
Nova Scotia : The food trades ; textile, needle and allied sewing trades ;
printing and paper industries, and all factory employment not
regulated specifically ; laundering, dry-cleaning and dyeing ; employment in shops ; office work ; employment in hotels, restaurants, etc.,
in hairdressing establishments, beauty parlours, etc. ; telephone
operating.
(2) By Orders under former Acts applying to women only ; these
regulations have remained in force pending the issue of Orders
under Acts applying to both sexes :
Ontario : Factories (including those of the textile, needle, chemical,
boot and leather, electrical, tobacco, rubber, printing, paper-making
and food industries with the exception of seasonal canning and the
jewellery trades) ; seasonal fruit and vegetable canning, packing
and evaporating ; j ewellery trades ; custom millinery (not in factories) ;
telephone services ; retail stores (shops) ; theatres and amusement
places ; laundries, dry-cleaning and dyeing establishments ; offices ;
hotels, restaurants and refreshment rooms ; hairdressing establishments, beauty parlours ; shoe-shine parlours ; and elevator (lift)
employees.
Quebec : Various important occupations specified in separate Orders ;
all other industrial occupations covered by supplementary general
order.
(b) Relation between men's and women's rates where rales
have been fixed for both sexes
(1) Rates fixed with reference to sex and lower for women :
Alberta : A regulation made under the Male Minimum Wage Act fixes
a minimum rate for most skilled male workers not covered by
compulsory collective agreements (except those occupied in agriculture and domestic service). This rate is higher (by about one-fifth)
than that for skilled female workers in industry and commerce, and
equal to that for skilled female workers in offices and hairdressing
establishments, telephone operators, and similar workers, as fixed
by Orders under the Female Minimum Wage Act. Rates fixed
under the Industrial Standards Act for the honey-producing
industry.
British Columbia : (e.g. regulations No. 46 and 47 concerning respectively
minimum wages for women and men engaged in the fruit and vegetat a l e canning industries).
Manitoba : (e.g. regulation applicable to male and female workers
employed in the hotel industry in certain districts).
Quebec : (e.g. rates to be paid to men and women workers respectively
in occupations called by the same names in collective agreements
(extended under the Act of 1937) covering the fur industry and the
bookbinding industry in Montreal, and the hairdressing trade in
certain towns).
(2) Rates fixed by occupation and the same for both sexes :
Alberta : Wage rates fixed under the Industrial Standards Act for
• the baking, brewing, and building industries, which employ few or
no women ; only one rate is fixed for each occupation.
British Columbia : (e.g. Order No. 43 applying to janitors and Order
No. 44 applying to janitresses issued respectively under the male and
female Minimum Wage Acts).
WAGE REGULATION
397
Manitoba : Orders applying to men and women employed in manufacturing and trade (including mail order houses and delivery services)
and a blanket Order covering all occupations for which rates have
not been specifically set.
Ontario : Under the Act of 1937 (e.g. Order No. 31, applying indiscriminately to both sexes). Under the Industrial Standards Act :
(e.g. the clothing industry in which rates for skilled female machine
operators are 20 per cent, lower, and for unskilled female workers
10 per cent, lower than the corresponding rates for male workers,
but provision is made t h a t the wages of machine operators and piece
workers shall be the same for male and female workers whose output
is equal).
Quebec : (e.g. regulation No. 12 for the tobacco industry, and regulation
No. 14 for the food industry, made under the Fair Wage Act, 1937).
Collective agreements recently extended in virtue of the Act
of 1937.
Saskatchewan : The regulations made under the Minimum Wage (Women)
Act of 1936 were, in 1937, extended to apply to male workers ; the
regulations made since this extension fix rates by occupation without
reference to sex.
Under the Industrial Standards Act rates fixed for b e a u t y parlours in different towns.
E.
REPRESENTATION OF W O M E N ON MINIMUM W A G E - F I X I N G B O D I E S
Manitoba : One of the two employers' representatives and one of the two
workers' representatives on each wages board must be a woman
(Act of 1918, Chap. 38, sec. 3).
Nova Scotia : Two of the five members of each wage board must be women
(Act of 30 Apr. 1924, sec. 2).
British Columbia : The Board of Industrial Relations which administers
the Minimum Wage Acts consists of five members ; two serve ex
officio and of the three others " one shall be a woman ".
CHILE
I.
Legal Provisions w i t h R e s p e c t to Equality of R e m u n e r a t i o n
for the t w o S e x e s
Equal pay for equal work irrespective of sex, for workers in establishments of all kinds (Decree No. 178, 13 May 1931 (Labour Code), sec. 35).
II.
CHINA
I.
Legal Provisions w i t h R e s p e c t to Equality of R e m u n e r a t i o n
for the t w o S e x e s
Women whose work and output are equal to t h a t of men must receive
the same wages as men (Factory Act, 30 Dec. 1932, sec. 3).
II.
398
THE LAW AND WOMEN'S WORK
CUBA
I.
Legal Provisions w i t h R e s p e c t to Equality of R e m u n e r a t i o n
for the t w o S e x e s
Equal pay for equal work irrespective of sex (Decree No. 276 of 27
J a n . 1934 concerning conditions of employment, sec. 1 ; Legislative
Decree No. 598 of 16 Oct. 1934 concerning the employment of women
in industry, sec. VI, and Administrative Order No. 1024 of 27 Mar.
1937, sec. 2).
II.
A.
M i n i m u m Wage Fixing
L A W S PROVIDING FOR W A G E F I X I N G
(a) In application io both men and women
Legislative Decree No. 598 of 16 Oct. 1934 concerning the employment
of women in industry, sec. X I I providing for the creation of a board
to fix minimum wages for home workers.
Legislative Decree No. 727 of 30 Nov. 1934 establishing a Minimum
Wage Board (Industry and Commerce).
(b) In application to women only
Legislative Decree No. 598 of 16 Oct. 1934 concerning the employment
of women in industry, sec. X X I V : provisional regulation of the wages
of women home workers, pending general regulation.
Legislative Decree No. 727 of 30 Nov. 1934, sec. 5 : providing for
regulation in industries in which women are employed.
B.
BASIC P R I N C I P L E S FOR THE DETERMINATION OF MINIMUM W A G E S
See I.
G.
OCCUPATIONS WITH R E S P E C T TO WHICH THE L A W
FOR MINIMUM W A G E F I X I N G FOR W O M E N ONLY
PROVIDES
The Ministry of Labour must supply the Board with information
concerning the cost of living, the rates of wages paid in the various
industries and branches of commerce, etc. ; he must also undertake
a special survey of the industries and branches of commerce in which
women are employed (Legislative Decree No. 727, 1934, sec. 5).
D.
APPLICATION O F W A G E F I X I N G
(a) Occupations for which rales have been fixed for women only
Home work on men's or women's clothing (provisionally, pending
the establishment of a detailed scale of remuneration by the Minimum
Wage Board) (Legislative Decree No. 598, 1934, sec. X X I V ) .
(b) Relation between men's and women's rates where rales
have been fixed for both sexes
See I.
E.
REPRESENTATION OF W O M E N ON MINIMUM W A G E - F I X I N G B O D I E S
The Minimum Wage Board for home work must be composed of the
Minister of Labour, or a person designated by him, a representative of
the persons who give out home work and a representative of the industrial
associations of women workers (Legislative Decree No. 598,1934, sec. X I I ) .
WAGE
REGULATION
399
ECUADOR
I.
II.
A.
M i n i m u m Wage Fixing
L A W S PROVIDING FOR W A G E F I X I N G
(a) In application lo bolh men and women
Act of 21 May 1936 concerning the wages of textile workers, sec. 15.
Decree of 4 Feb. 1937 concerning minimum wages for manual
and agricultural workers.
Act of 11 J a n . 1938 concerning m i n i m u m wages for workers a n d
salaried employees, a n d Decrees No. 12 a n d No. 16 of 1938.
(b)
B.
BASIC PRINCIPLES FOR THE DETERMINATION OF MINIMUM
WAGES
See D (b) (1).
C.
D.
APPLICATION OF W A G E F I X I N G
(a)
(b) Relation between men's and women's rates where rales
have been fixed for both sexes
(1)
Separate rates flxed for male and female workers by Decree of
4 Feb. 1937 (the rate for female workers in construction and agriculture being two-thirds of t h a t fixed for the corresponding male
workers).
(2) Rates fixed by Act of 21 May 1936 for each group of workers
(apprentices, unskilled workers, skilled workers) in the textile
industry. (All textile workers are entitled to take the tests prescribed
for admission to the skilled workers' group, sex discrimination being
expressly excluded.)
•
(3) R a t e s fixed for workers a n d salaried employees w i t h o u t sex
discrimination (Decrees No. 12 a n d 16 of 1938).
E.
FRANCE
I.
II.
A.
M i n i m u m Wage Fixing
LAWS PROVIDING FOR W A G E F I X I N G
(a) In application to bolh men and women
Labour Code, Book I, sees. 33 and 33(a j - f / i j , 1 and Book IV, sec. 129
(home workers).
1
Originally applicable to women workers only, but extended to male workers in 192f.
400
THE LAW AND WOMEN'S WORK
Various Decrees making collective agreements compulsory, issued
under section 31 ff. of Book I of the Labour Code as amended by the
Act of 24 J u n e 1936 (See D (b)).
(b)
B.
BASIC P R I N C I P L E S FOR THE DETERMINATION OF MINIMUM W A G E S
See D (b) (2) (iii).
C.
D.
APPLICATION OF W A G E F I X I N G
(a)
(b) Relation belween men's and women's rates where rates
have been fixed for both sexes
The minimum wages for workers in certain branches of home work
under Labour Code, Book I, sec. 33, are generally based on piece rates,
irrespective of sex.
Minimum wages for specified occupations or districts, as stipulated
in collective agreements rendered compulsory by Order, are determined
in various ways :
(1) Rates fixed with reference [to sex, and lower for women : (e.g.
wage workers and salaried employees in the metallurgical industry
in the Paris district [Orders of 29 Dec. 1936, Journal Officiel, 9 J a n .
1937] ; hosiery workers in Roanne [Order of 23 Aug. 1937, Journal
Officiel, 2 Sep. 1937] ; workers employed in the manufacture of
cardboard articles in the Paris district [Order of 8 Sep. 1937] ;
workers employed in the chemical industry in the Paris district
[Order of 17 J u n e 1937, Journal Officiel, 8 Sep. 1937]).
(2) Rates fixed by occupation and the same for both sexes :
(i) Rates fixed by occupations but men and women found in different
occupations (e.g. glove manufacture in the Departments of Isère
and.Savoy [Order of 4 J a n . 1937, Journal Officiel, 21 J a n . 1937] ;
the alimentary paste industry of the Paris district [Order of 15
J u n e 1937, Journal Officiel, 21 and 22 J u n e 1937]) ;
(ii) By occupations without regard to sex (e.g. hotel, restaurant and
similar employment in Paris [Order of 6 J a n . 1937, Journal
Officiel, 13 J a n . 1937] ; the artificial flower trade in the Department
of the Seine [Order of 27 July 1937, Journal Officiel, 1 August 1937] ;
employment as engineer, technician or salaried worker in electrical
equipment undertakings in the Departments of the Seine and
Seine et Oise [Order of 16 Sep. 1937, Journal Officiel, 17 Sep.
1937]).
(iii) Explicitly according to the principle of equal pay for equal work
(e.g. the cutlery trade in the Thiers district [Order of 24 May 1937,
Journal Officiel, 5 J u n e 1937] ; the manufacture of waterproof
clothing in the Department of the Seine [Order of 5 Aug. 1937,
Journal Officiel, 13 Aug. 1937] : the textile industry in Haut-Rhin
[Order of 12 Oct. 1937, Journal Officiel, 16 Oct. 1937]).
E.
REPRESENTATION OF W O M E N ON MINIMUM W A G E - F I X I N G B O D I E S
It is expressly provided t h a t women may be electors or candidates
for the labour councils responsible for the fixing of minimum wages
j n home work.
WAGE REGULATION
401
In the absence of a labour council there shall be established: (a) a
wage committee, composed of a Justice of the Peace, from two to four
male or female home workers, and an equal number of employers, or
(b) one or more expert committees composed of two employers, who
may be either men or women, and two female workers, or two workmen,
or one female and one male worker, according to the nature of the
industry (Labour Code).
GERMANY
I.
II.
A.
Minimum Wage Fixing
LAWS PROVIDING FOR WAGE FIXING
(a) In application lo bolli men and women
Various collective rules drawn up for male and female workers by
the labour trustees, under the Act of 20 Jan. 1934, for the regulation
of conditions of employment ; and the Act of 23 Mar. 1934 concerning
home work (Reichsarbeilsblalt) (Cf. D (b)).
(b) In application to women only
Various collective rules applicable only to female workers (Cf. D (a)).
B.
BASIC PRINCIPLES FOR THE DETERMINATION OF MINIMUM WAGES
(Cf. D (b) (2) (ii).)
C.
D.
APPLICATION OF WAGE FIXING
(a) Occupations for which rales have been fixed for women only
Certain specifically feminine occupations (e.g. collective rule applicable to milliners in the Province of Rhenish Hesse [Reichsarbeitsblatt VI,
1936, p. 952] ; collective rule applicable to female home workers employed
in the manufacture of spindle-made lace in Saxony and Bavaria [Reichsarbeilsblalt VI, 1936, p. 1006]).
(b) Relation between men's and women's rates where rates
have, been fixed for both sexes
Rates fixed in collective rules (Cf. A (a)) :
(1) Rates fixed with reference to sex and lower for women :
(i) by providing two separate scales (e.g. collective rules for agricultural and vinicultural undertakings in the Saar Palatinate
[Reichsarbeilsblalt VI, 5 June 1937] ; the manufacture of
glass instruments in Thuringia [Reichsarbeilsblalt, VI, 15 June1937] ; the graphite industry in Western Bavaria [Reichsarbeilsblalt VI, 15 June 1937]) ;
26
402
THE LAW AND WOMEN'S WORK
(ii) by fixing women's wages at a certain proportion of men's wages
(e.g. two-thirds in the collective rules for the petroleum industry
[Reichsarbeitsblait VI, 15 Nov. 1935] ; 70 per cent, in the collective
rules for the metallurgical industry in Brandenburg [Reichsarbeilsblatt VI, 5 April 1936] and plaster works in Central
Germany [Reichsarbeitsblatt VI, 15 Oct. 1937]; 75 per cent.
in the collective rules for brickworks in Lower Saxony [Reichsarbeitsblait VI, 5 May 1937] and transport undertakings in
Merseburg [Reichsarbeitsblatt VI, 25 Oct. 1937] ; 85 per cent.
in the collective rules for the timber industry in Silesia [Reichsarbeiisblalt VI, 25 Aug. 1937]) ;
(2) Rates fixed b y occupation and t h e same for b o t h sexes :
(i) according to occupations (particularly in the case of home work
and piece work) ;
(ii) explicitly on the principle of equal pay for equal work (particularly as regards exhausting work considered as men's work 1 )
(e.g. collective rules for briquette works in Brandenburg [Reichsarbeitsblait VI, 15 Mar. 1935 and 15 April 1936], in Hesse
[Reichsarbeitsblait VI, 5 Nov. 1937], in Pomerania [Reichsarbeitsblait VI, 15 Mar. 1935,] in Saxony [Reichsarbeitsblait VI,
5 Oct. 1934] and in Silesia [Reichsarbeitsblatt VI, 15 Mar. 1935] ;
for the concave lens industry [Reichsarbeitsblait VI, 5 Mar. 1936] ;
for the German shoe industry [Reichsarbeitsblait VI, 25 Mar. 1936];
for the felt hat industry in Saxony [Reichsarbeitsblatt V I , 5 Feb.
1937]).
E.
GREAT BRITAIN
I.
II.
A.
M i n i m u m Wage Fixing
LAWS PROVIDING FOR W A G E
(a) Applicable
FIXING
to workers of bolh sexes
Trade Boards Act, 20 Oct. 1909 (and some of the regulations
issued thereunder).
(b) Applicable to women workers only
Some of the regulations issued under the Above Act.
B.
C.
D.
APPLICATION OF W A G E F I X I N G
(a) Occupations in which minimum wages have been fixed for women only
Rates fixed b y Trade Boards for certain women-employing industries
(e.g. the repair of fishing nets in Northern Ireland ; the manufacture
of women's clothing in Belfast and Londonderry ¡laundering ; embroidery
on linen and cotton).
1
The authorities expect to limit in this way the employment of women at excessively
exhausting and unhealthy work, and to prepare the way for a new general system of legi slation prohibiting the employment of women on unhealthy work (see for instance Deutschs
Arbeitskorrespondenz, 16 Oct. 1937).
WAGE REGULATION
403
(b) Relation between rales fixed for male and female workers
Rates fixed by Trade Boards :
(1) with reference to the sex of the worker, and lower for women :
for many industries (e.g. laundries, dairies, and the tobacco, textile
and clothing industries) in which women generally constitute the
majority of the staff and which often employ large numbers of home
workers ;
(2) by occupation without explicit reference to sex : in the finishing
of lace and in chain making.
(Cf. the report of the British Government published in the Summary of
Annual Eeporls under Article 22 of the Constitution of the International
Labour Organisation,
International Labour Conference, Twenty-third
Session, Geneva, 1937, p . 375.)
E.
REPRÉSENTATION OF WOMEN WORKERS
ON MINIMUM W A G E - F I X I N G B O D I E S
Women, as well as men, may be members of the Trade Boards charged
with the fixing of minimum wages (Act of 20 Oct. 1909, sec. 11 (2)).
Trade Boards set up for industries employing many women must have
at least one woman member. [Ibid., sec. 13 (2).)
GREECE
I.
II.
A.
M i n i m u m Wage Fixing
LAWS PROVIDING FOR W A G E F I X I N G
(a) In application to both men and women
Act No. 5817 of 29 Sept. 1933 concerning the tobacco industry.
Act No. 99 of 26 Aug. 1936 approving certain collective agreements.
B.
C.
D.
APPLICATION OF W A G E F I X I N G
(a)
(b) Relation between men's and women's rales where rales
haue been fixed for both sexes
Rates fixed with reference to the sex of the worker, and lower for
women : tobacco industry (Act of 29 Sep. 1933) ; persons employed in
industry and commerce, and office workers (Act of 26 Aug. 1936).
E.
404
THE LAW AND WOMEN S WORK
HUNGARY
I.
II.
A.
M i n i m u m Wage Fixing
L A W S PROVIDING FOR W A G E F I X I N G
(a) In application lo bolh men and women
Order No. 6660/1935 of 26 J u n e 1935 (authorising the Minister to
fix minimum wages pending the passing of minimum wage legislation),
and Ministerial decisions taken under this Order.
Order No. 52000/1935 of 30 July 1935 providing for the establishment
of minimum wage boards.
(b) In application to women only
Act No. V of 12 J a n . 1928 for the protection of women and children,
sec. 28 : power of the Minister to fix minimum wages for women.
B.
BASIC P R I N C I P L E S FOR THE DETERMINATION OF MINIMUM W A G E S
The competent Minister may issue instructions respecting the method
and amount of the remuneration of women, and the manner in which
these are to be determined, in certain industrial undertakings and
occupations in which propriety and morals require it. (Act of 12 J a n .
1928.)
C.
D.
APPLICATION OF W A G E F I X I N G
By occupation, irrespective of sex : in artistic crafts carried on at
home (embroidery, etc.) (Ministerial Decision taken under Order No.
6660 of 1935) ; in the ready-made clothing industry (rates fixed by the
Board set up under Order No. 52000 of 1935).
E.
IRELAND
I.
II.
A.
M i n i m u m Wage Fixing
L A W S PROVIDING FOR W A G E F I X I N G
(a) In application to both men and women
Trade Boards Act of 20 Oct. 1909, and some of the regulations
issued thereunder.
(b) In application
lo women only
Other regulations issued under the above Act.
405
WAGE REGULATION
D.
APPLICATION OF W A G E
FIXING
(a) Occupations for which rales have been fixed for women only
Rates fixed by Trade Boards for women engaged in linen and cotton
embroidery.
(b) Relation between men's and women's rates where rates
have been fixed for both sexes
(1)
Rates fixed with reference to sex, and lower for women : (e.g.
in the tobacco and clothing industries).
(2)
Rates fixed by occupation, and the same for both sexes : (e.g.
the rope, twine and net making industry).
(Cf. Summary of Annual Reports under Article 22 of the Constitution
of the International
Labour
Organisation,
International Labour
Conference, Twenty-third Session, Geneva, 1937, p. 377.)
E.
REPRESENTATION OF W O M E N ON MINIMUM
WAGE-FIXING
BODIES
AS in Great Britain.
ITALY
I.
II.
A.
M i n i m u m Wage Fixing
LAWS PROVIDING FOR W A G E
FIXING
(a) In application to both men and women
Various compulsory collective agreements concluded according to
the provisions of the Labour Charter of 21 Apr. 1927 (sec. XI) (See D (b)).
(b)
B.
BASIC PRINCIPLES FOR THE DETERMINATION
(See D
OF MINIMUM
WAGES
(b).)
C.
D.
APPLICATION OF W A G E
FIXING
(a)
(b) Relation between men's and women's rales where rales
have been fixed for both sexes
(1) Rates fixed with reference to sex and lower for women :
(i) by fixing different scales for male and female workers (e.g. national
collective agreement concerning the preparation of silkworms'
eggs [Gazelia Ufficiale, 14 J u n e 1937, No. 136] 1 ; wage agreement
1
In this agreement wages are fixed by occupation, but different occupations are assigned
to men and women, and the wages of the highest-paid women workers (forewomen and
experienced workers) are lower than those of the lowest-paid male workers (unskilled
labourers).
406
THE LAW AND WOMEN'S WORK
for workers in the brickmaking industry in Lombardy [Gazella
Ufficiale, 3 Apr. 1936, No. 78] (in so far as machine work paid
at time rates is concerned) ; collective agreement for the staff
of the Cagliari and Foggia insurance agencies in Trieste and Venice
[Gazelta Ufficiale, 27 Oct. 1936, No. 250]).
(ii) by fixing the female wage at a certain percentage of the male
wage (e.g. the male wage reduced by 30 per cent., in the collective
agreement for the workers of the Lazio-Sabina electricity company
at Monterotondo [Gazelta Ufficiale, 27 Aug. 1937, No. 199];
the male wage reduced by 20 per cent., in the collective agreements
for the workers in the Mediterranean electricity company of Rome
[Gazelta Ufficiale, 14 Sep. 1937, No. 214]; 80 per cent, of the
male wage in the collective agreements for commercial undertakings in the food trade [Gazelta Ufficiale, 27 Oct. 1936, No. 250])(2) Rates fixed by occupation and the same for both sexes : (e.g.
wages agreement for workers employed in the-brickmaking industry
in Lombardy, as regards manual work paid at piece rates [Gazelta
Ufficiale, 3 Apr. 1936, No. 78] ; collective agreement for workers
employed in the cod-preserving industry, indirectly for women employed at heavy work, b y ascribing wages at less than male rates
only to women not engaged in such work [Gazelta Ufficiale, 28 J a n .
1937, No. 22]).
MEXICO
I.
Legal Provisions -with R e s p e c t to Equality of R e m u n e r a t i o n
for the t w o S e x e s
Equal wages for equal work, irrespective of sex (Constitution of 1917,
sec. 123 (VII) and Federal Labour Act of 18 Aug. 1931, sec. 86).
Invalidity of contracts of employment which, on grounds of age,
sex or nationality, fix a wage lower than t h a t which is paid to another
employee in the same undertaking for performance of equal efficiency
in the same class of work for a working day of equal duration (Federal
Labour Act, 18 Aug. 1931, sec. 22 (V)).
II.
A.
M i n i m u m Wage Fixing
L A W S P R O V I D I N G FOR W A G E F I X I N G
(a) In application to both men and women
Federal Labour Act of 18 Aug. 1931, sec. 414, establishing
minimum wage boards, and decisions of these boards.
Various collective agreements rendered compulsory by Decree
(see D. (b)).
(b)
B.
BASIC P R I N C I P L E S FOR THE DETERMINATION OF MINIMUM W A G E S
Cf. I.
c.
D.
OCCUPATIONS FOR WHICH MINIMUM W A G E R A T E S HAVE BEEN F I X E D
WAGE
REGULATION
407
(b) Relation between men's and women's rates where rates
have been fixed for both sexes
Rates fixed by occupation and t h e same for both sexes :
Minimum wages fixed under the Federal Labour Act of 1931 ; the
Ministerial Circular of J a n . 1938 gives precise instructions for applying
the principle of equality.
In various conventions and collective agreements given the force
of law :
(i) explicitly (e.g. Decree of 12 Dec. 1936 giving the force of law t o
the collective agreement in the sugar, alcohol and kindred industries), or
(ii) implicitly (e.g. award of 28 Dec. 1935 made by the competent
wages board for the workers of the Federal district [Diario Oficial, 30
Dec. 1935, No. 41] ; Decree of 19 July 1937 giving t h e force of law t o
the collective agreement in the wool industry [Diario Oficial, 20 J u l y 1937]).
E.
N E W ZEALAND
I.
II.
A.
M i n i m u m Wage Fixing
LAWS PROVIDING FOR W A G E F I X I N G
(a) In application to both men and women
Industrial Conciliation and Arbitration Act of 1 Oct. 1925, sec. 32
(authorising the Court of Arbitration to make Orders extending the scope
of collective agreements) and sec. 99 (authorising the Court t o prescribe
minimum wages b y means of awards in settlement of industrial disputes
or by means of Orders issued during the life of an award on application
of any party t o the award).
Act No. 6 of 1936, amending the above Act (sec. 3) (requiring t h e
Court to fix a basic wage for adult males and a separate basic rate for
adult females, payable in any industry t o which an award or industrial
agreement relates).
Order of the Court of Arbitration, dated 2 Nov. 1936 (fixing
a basic wage for each sex).
Act No. 7 of 1936, amending the Factory Act (sec. 12) (fixing minimum
rates, increasing with experience, payable t o any person employed in
a factory).
Agricultural "Workers Act, 1936 (Part II), as amended by the Statutes
Amendment Act, 1936 (sec. 5) (providing for fixing of minimum wages
rates for workers employed in dairy undertakings).
B.
BASIC PRINCIPLES FOR THE DETERMINATION OF MINIMUM W A G E S
For adult workers of both sexes employed in any industry covered
by an Award of the Court of Arbitration or by a collective agreement :
The Court must make an Order or Orders fixing basic wages for male
and female workers. The basic wage of male workers must be such as,
in the opinion of the Court, is " sufficient to enable a man t o maintain
a wife and three children in a fair and reasonable standard of comfort ".
408
THE LAW AND WOMEN'S WORK
The Act lays down no guiding principle for the fixing of the minimum
wages of women workers. Orders may be revised at intervals of not
less than six months (Act No. 6 of 1936, sec. 3).
C.
D.
APPLICATION OF W A G E F I X I N G
(a)
(b) Relation between men's and women's rales where rates
have been fixed for both sexes
(1) Rates fixed with reference to sex and lower for women : in
occupations in which workers and employers are organised the basic wage
for female workers (£1 16s.) represents 47.37 per cent, of t h a t of male
workers (£3 16s.) (Order of the Court of Arbitration, dated 2 Nov.
1936). Minimum wages established by Award may be higher but may not
be lower than the basic wage.
(2) Rates fixed by occupation and the same for both sexes : minimum
rates (varying only with experience) are fixed for all factory workers
by Act No. 7 of 1936 (sec. 12) ; the minimum for experienced workers
after 3 years (£2) is lower than the male basic wage (as established by
the Court of Arbitration) b u t higher than the female basic wage (cf. D (b) ) .
The Agricultural Workers' Act, 1936 makes no distinction between
male and female workers. (See II A, (a).)1
E.
PERU
I.
L e g a l P r o v i s i o n s w i t h R e s p e c t to Equality of R e m u n e r a t i o n
for the t w o S e x e s
Individual and collective contracts of employment must provide
for the payment of equal wages for equal work, without regard to the
sex of the worker (Civil Code of 30 Aug. 1936, sec. 1572).
See also above : International Regulation : Colombia-Peru.
II.
A.
M i n i m u m Wage Fixing
LAWS PROVIDING FOR W A G E F I X I N G
(a) In application to both men and women
Act No. 8514 of 12 Mar. 1937, concerning home work, sec. 13.
(b) In application to women only
Act. No. 2851 of 23 Nov. 1918, concerning the employment of
women and children, sec. 28 (home work in the needle trades).
1
Under sec. 14 (6) of the Act as amended by sec. 5 of the Statutes Amendment Act
of 1936, a permit to work for less than the minimum wage may be issued to any worker
incapable of earning the specified minimum rates. Such permits may be issued to a woman
not actually performing the work to which the rates are intended to apply—for example,
women giving only certain help in the milking shed.
WAGE REGULATION
B.
409
BASIC PRINCIPLES FOR THE DETERMINATION OF MINIMUM W A G E S
(1) In home work regulated for both sexes : equal pay for equal work
irrespective of sex (Act No. 8514 of 1937).
(2) In home work in the needle trades, which is regulated for women
workers only : the wage must be at least equal to t h a t earned by
women in factories during a legal working day. If work is paid
for at piece-work rates, these must be high enough to enable the worker
to earn the standard wage in the course of a legal working day.
(Act No. 2851 of 1918.)
C.
OCCUPATIONS WITH R E S P E C T TO WHICH T H E L A W PROVIDES
FOR MINIMUM W A G E F I X I N G FOR W O M E N ONLY
Needlework performed at home (Act of 1918).
D.
APPLICATION OF W A G E F I X I N G
(a)
(b) Relation between men's and women's rales where rales
have been fixed for both sexes
Rates must be equal (see B (1)).
E.
PORTUGAL
I.
II.
A.
M i n i m u m Wage Fixing
LAWS PROVIDING FOR W A G E F I X I N G
(a) In application to both men and women
Various collective agreements concluded by the corporations in
virtue of the authorisation granted them by the Constitution of 1933,
sec. 37, and approved by the Government (see D (b)).
Various Ministerial decisions respecting the establishment of minimum
wages taken under Legislative Decree No. 25701 of 1 Aug. 1935 (see
D (b)).
(b)
B,
BASIC PRINCIPLES FOR THE DETERMINATION OF MINIMUM W A G E S
See D. (b).
C.
D.
APPLICATION OF W A G E F I X I N G
410
THE LAW AND WOMEN'S WORK
(b) Relation between men's and women's rales where rates
have been fixed for both sexes
(1) Rates fixed with reference to sex and lower for women :
(i) in the same or different occupations (e.g. collective agreement for the
cafés in Lisbon, approved 24 Aug. 1936 1 (as regards staff employed
in the serving of drinks) ; collective agreement for the tinned
goods industry of the district of Faro, approved 29 Nov. 19362
(as regards unskilled workers) ; Ministerial decision of 14 Sept.
1936 concerning minimum wages in the cotton spinning and
weaving industry 3 (as regards unskilled workers) ; Ministerial
decision of 23 Nov. 1936 concerning minimum wages in the knitted
goods (malkas) and passementerie industry 4 (as regards male and
female warpers and unskilled workers)) ;
(ii) where men and women are employed in differently described
occupations : (e.g. collective agreement for t h e tinned goods
industry of the district of Faro, approved 29 Nov. 1936 6 (for
certain occupational groups) ; Ministerial decision of 23 Nov. 1936 •
concerning minimum wages in the knitted goods (malkas) and
passementerie industry (for certain occupational groups)).
(2) Rates fixed by occupations, and the same for both sexes : (e.g.
Ministerial decision of 14 Sept. 1936 ' concerning minimum wages
in the cotton spinning and weaving industry (for certain occupations
—warping, drawing, etc.—in which it is explicitly noted t h a t both
men and women may be employed) ; collective agreement for hairdressing
and similar establishments in Lisbon, approved on 9 Oct.
19368 (with the exception of female assistants whose wages are separately established) ; Ministerial decision of 23 Nov. 1936 concerning
minimum wages in t h e knitting and passementerie industry" (for
employees working with " cotton " machines and hand-driven
machines 10 )).
(3) Rates fixed with explicit reference to the principle of equal pay
for equal work : (e.g. collective agreements of 29 Nov. 1936 and 31 Aug.
1937 in the fish-canning industry in the districts of Faro and Setubal 11
(as regards women working at machines or with tools)).
E.
SPAIN
I.
Legal Provisions w i t h R e s p e c t to Equality of R e m u n e r a t i o n
for t h e t w o S e x e s
Catalonia : Equal wages for equal work (Decree of 10 July 1937
setting up t h e Women's Adaptation Institute, sec. 15).
1
Boletim do Istituto nacional do Trabalho e Previdencia, 15 Sep. 1936.
'B.
I. T. P . , 30 Nov. 1936.
8
Ibid., 15 Sept. 1936.
« Ibid., 30 Nov. 1936.
• Ibid.
• Ibid.
' Ibid., 15 Sept. 1936.
' Ibid., 15 Oct. 1936.
' Ibid., 30 Nov. 1936.
10
The same decision provides t h a t women employed in such work m u s t be replaced by
male workers by 31 Dec. 1937.
11
B . I. T. P., 30 Nov. 1936 and 31 Aug. 1937.
WAGE
II.
A.
REGULATION
411
M i n i m u m Wage Fixing
LAWS PROVIDING FOR W A G E F I X I N G
(a) In application lo both men and women
Legislative Decree of 26 July 1926 concerning home work, sees. 13
and 15.
Various " bases of employment " approved by the Ministry of Labour. 1
(See D (b).)
(b) In application to women only
Various " bases of employment " (See D (a)).
B.
BASIC PRINCIPLES FOR THE DETERMINATION [OF MINIMUM W A G E S
In home work : equal minimum wages for men and women doing
the same work in the same occupation (Legislative Decree of 26 July
1926).
See also D. (b) (3).
C.
D.
(a) Occupations
APPLICATION OF W A G E F I X I N G
for which rales have been fixed for women
only
Certain " bases of employment " apply solely to women employed
in specifically feminine operations (e.g. midwives, in Barcelona (bases
of employment of 24 Nov. 1923), in Madrid (3 July 1933) and in Toledo
12 Dec. 1932) ; milliners in Barcelona (26 Nov. and 19 Dec. 1929) and
in Madrid (16 Aug. 1933) ; women engaged in Valencia in embroidery
(14 Dec. 1931) and in the manufacture of women's underwear (23
Nov. 1931)).
(b) Relation between men's and women's rales where rales
have been fixed for both sexes
In t h e " b a s e s of e m p l o y m e n t " applicable t o both sexes :
(1) Rates fixed with reference to the sex of the worker, and lower
for women : (e.g. printing and engraving in Barcelona (20 May 1929) ;
manufacture of sweetmeats in Madrid (12 Mar. 1932)).
(2) Rates fixed by occupation and the same for both sexes : (e.g.
pharmacies in Valencia (29 Nov. 1932)).
(3) Rates fixed with explicit reference to the principle of equal pay
for equal work : (e.g. ready-made clothing industry in Barcelona
(26 Nov. 1930)).
E.
REPRESENTATION OF W O M E N ON MINIMUM W A G E - F I X I N G B O D I E S
Both male and female members of employers' and workers' associations are eligible for election to the wage committees for home work
(Legislative Decree of 26 July 1926).
1
Collection published in the Spanish Year-Book of Labour and Industry, 1934-35, by
Mariano Gonzales Rothvoss.
412
THE LAW AND WOMEN'S WORK
U N I O N OF S O U T H A F R I C A
I.
II.
A.
Minimum Wage Fixing
LAWS PROVIDING FOR W A G E
FIXING
(a) In application lo bolli men and women
Industrial Conciliation Act (No. 11) of 1924 as amended by Act
No. 24 of 1930 (providing compulsory extension of the scope of agreements
concluded by joint industrial councils).
Wage Board Acts, No. 27 of 1925, No. 23 of 1930 and No. 44 of 1937.
Wage Determination Validation Act of 1935.
(b)
B.
BASIC P R I N C I P L E S FOR THE DETERMINATION
OF MINIMUM W A G E S
The Wage Board may " recommend varying provisions for different
classes of employees " and for purposes of classification may " apply
any method of differentiation or discrimination based on age, sex,
experience " etc. (Wage Board Act of 1937 ; sec. 9 (3)).
Trade agreements extended under the Industrial Conciliation Act
m a y base wage variations on the same criteria (sec. 24 of the Act).
C.
D.
APPLICATION OF W A G E
FIXING
(a)
(b) Relation between rales fixed for male and female workers
Rates established under the terms both of the Wage Board and Industrial
Conciliation Acts :
(1) Rates fixed with reference to the sex of the worker, and lower for
women : (e.g. employees in the ready-made clothing industry ; shop
assistants ; persons employed in the manufacture of made-to-order
clothing in coastal towns and the less important centres in the
interior of the country) ;
(2) Rates fixed by occupation and the same for both sexes : (e.g.
sweet-making ; printing ; the textile industry ; tailoring in the
inland industrial areas, particularly at Witwatersrand).
(Cf. the Report of the Government of the Union of South Africa
on the application of the Minimum Wage-Fixing Machinery Convention,
published in the Summary of Annual Reports under Article 22 of the
Constitution of the International Labour Organisation,
International
Labour Conference, Twenty-third Session, Geneva, 1937, p. 366.)
E.
REPRESENTATION OF W O M E N W O R K E R S
ON MINIMUM W A G E - F I X I N G B O D I E S
(In March 1936 a woman was appointed a temporary member of the
Wage Board to represent women's interests during an investigation
into the textile manufacturing industry and the garment making trades.
[Cf. Report referred to in the last paragraph above.])
413
WAGE REGULATION
UNITED STATES
I.
L e g a l Provisions w i t h R e s p e c t to Equality of R e m u n e r a t i o n
for the t w o S e x e s
The Federal Government : See II B.
Michigan (Act No. 239 of 1919)
¡ Prohibition of discrimination beMonlana (Act of 1919, Chapter 147) j tween the sexes in paying wages.
II.
A.
M i n i m u m Wage Fixing
LAWS PROVIDING FOR W A G E
FIXING
(a) In application to both men and women
The Federal Government : Walsh-Healy Act of 1936, concerning Government contracts.
Fair Labor Standards Act of 1938 (concerning industries engaged in
inter-State commerce or in production of goods for such commerce).
Oklahoma : Minimum Wage Act of 1937 (applicable to all occupations
except agriculture, horticulture and the breeding of dairy cattle).
(b) In application to women only
Arizona : Session Laws of 1917, Chap. 38, as amended by Chap. 23 of
1923 ; re-enacted in 1937.
Arkansas : Session Acts of 1915, No. 191, as amended by Act No. 275
of 1919 and Act No. 140 of 1921 ; Acts of 1935, No. 150 (invalidated
and in 1937 revived).
California : Statutes of 1913, Chap. 324, as last amended by Chap. 978
of 1931.
Colorado : Session Laws of 1913, Chap. 110, re-enacted in 1917, Chap. 98
and Minimum Wage Act of April 28, 1937.
Connecticut : Acts of 1933, Chap. 301.
Illinois : Session Laws of 1933, pp. 597-604, and Act of 1935, p. 840.
Kansas : General Statutes, 1935, sees. 44-639 to 44-650; 44-601a; 74704, re-enforced in 1938.
Kentucky ; Acts of 1938, H.B. 368.
Louisiana : Act No. 362 of 1938.
Massachusetts1 : Acts of 1937, Chap. 401.
Minnesota : Several Laws of 1913, Chap. 547 and Act of 1921, Chap. 84.
New Hampshire1 : Laws of 1933, Chap. 87.
New Jersey : Laws of 1933, Chap. 152.
New York : Acts of 1937, Chap. 276.
Nevada : Acts of 1937, Chap. 207.
North Dakota : Session Laws of 1935, Chap. 162.
Ohio : Session Laws of 1933, p . 502-510.
Oregon : Laws of 1913, Chap. 62.
Pennsylvania 1 : Act No. 298 of 1937.
Rhode Island : Laws of 1936, Chap. 2289.
Soulh Dakota : Laws of 1923, Chap. 309.
Utah : Laws of 1933, Chap. 38.
Washington : Laws of 1913, Chap. 174.
Wisconsin : Laws of 1925, Chap. 176.
District of Columbia : United States Statutes at Large (65th Congress
19181, Vol. 40, Pt. I, Public Laws, Chap. 174.
Porlo Rico : Laws of 1919, No. 45.
1
The Inster-State Compact with respect to minimum wages came into force among
the States of Massachusetts, New Hampshire and Rhode Island on 12 Aug. 1937 : see text
of Chapter.
414
B.
THE LAW AND WOMEN'S
WORK
BASIC PRINCIPLES FOR THE DETERMINATION
OF MINIMUM
WAGES
Minimum wage rates for both sexes :
The Federal Government : No classification shall be made on the basis
of sex (Fair Labor Standards Act, sec. 8(c)).
Minimum wage rates for women :
Arkansas1
California
Colorado
Kansas
Louisiana
Minnesota
North Dakota
Oregon
Utah
Washington
Wisconsin
District of Columbia
Arizona
)
New York ^
[
Pennsylvania
)
Connecticut
\
Illinois
J
Kentucky
I
New Hampshire
>
New Jersey
\
Ohio
Rhode Island
I
Nevada
\
South Dakota
j
Porto Rico
)
C.
i
}
Cost
r ^ „ t ~t u „ i „ „
Cost of living.
ofliving
a n d v a l u e
of s e r v i c e
rendered.
Value of service or class of service rendered
(accompanied by definition of an "oppressive wage " as one less than sufficient to
meet the minimum cost of living necessary
for health).
Blanket rates fixed by the Act.
OCCUPATIONS WITH R E S P E C T TO WHICH THE L A W PROVIDES
FOR MINIMUM W A G E F I X I N G FOR W O M E N ONLY
Wisconsin : Any work entitling to compensation by an employer.
Arkansas \
California
O°r%roan°
|
All occupations.
Utah
Washington
Nevada : Work and service of every kind except public service and
domestic service.
B/f.v,1ef„í»íí
All occupations except domestic service and
Minnesota
no-rirultiire
Rhode Island
)
agriculture.
Pennsylvania : All occupations except domestic service, agriculture and
employment by a religious association or charitable institution.
Porto Rico : Employment in industry, commerce and public service.
1
Minimum wages for experienced and inexperienced workers in " any establishment
or occupation " are fixed by the Act itself, with the provision that the Industrial Welfare
Commission may establish lower or higher minimum rates for " any occupation, trade or
industry " when it finds that those established in the Act are more or less than sufficient
to supply the necessary cost of proper living, and to maintain the health and welfare of
women engaged in that occupation, trade or industry.
415
WAGE REGULATION
Illinois
\
Massachusetts
New Hampshire
New York
V All industrial and commercial employment.
North Dakota
Ohio
District of Columbia
New Jersey : All industrial and commercial employment except employment in hotels.
Acizona : Stores (shops), restaurants, hotels, etc., offices, laundries, and
manufacturing establishments.
South Dakota : Employment in factories, workshops, mechanical or mercantile establishments, laundries, hotels, restaurants and packing
houses.
D.
APPLICATION OF W A G E
FIXING
(a) Occupations for which rales have been fixed for women
only
A U occu at
Minnesota
P i o n s to which the Act applies. (See C.
above
Wisconsin
J
-)
Arkansas1
\
Nevada
( The minimum wage is fixed in the Act itself (See C.
Puerto Rico
I
above.)
South Dakota J
Washington : All employments except domestic service and agricultural
work.
California : All occupations except domestic service, the telegraph and
telephone industries, professional occupations and harvesting,
curing or drying of fruits and vegetables.
Oregon : Manufacturing and mercantile, laundry, dry-cleaning and dyeing,
needlecraft, packing and preserving of perishable fruits and vegetables,
personal service, telegraph and telephone and public housekeeping
occupations.
North Dakota : Manufacturing and mercantile occupations, public housekeeping, laundry and telephone work.
Massachusetts : Laundry and dry-cleaning, electrical equipment and
supplies, candy, men's and women's clothing, corsets and underwear
for women and children, brushes, stationery, toys, games, sporting
goods, boot and shoe cut stock and fittings industries and employment
in retail shops.
Illinois : Cotton garment, and macaroni and spaghetti, laundry and
dry-cleaning, and beauty parlour industries.
New Hampshire : Garment industry and making of clothing accessories
such as gloves, handkerchiefs, hosiery and knit goods, and laundry
and restaurant work.
Dislrici of Columbia : Mercantile employment, printing, publishing and
allied industries, hotels, restaurants, and allied industries, laundry
and dry-cleaning work.
Ohio : Laundry and dry-cleaning and dyeing occupations ; hotels and
restaurants.
Rhode Island : Employment in the clothing industry and the jewellery
trade.
1
See footnote on p. 414 : a special rate has been fixed for mercantile establishments.
416
THE LAW AND WOMEN'S WORK
Arkansas : Employment in commercial establishments ; See note under
B. p. 414.
Colorado
\
Conneclicut
I No rates fixed, the legislation of these States having
New York
b u t recently come into force or been revived after
Pennsylvania
\
a lapse.
Utah
(b) Relation between men's and women's rates where rates
have been fixed for both sexes
The Federal Government
Oklahoma
E.
) Equality.
(Cf. A. (a) and B. Federal
i Government (Fair Labor Standards Act).)
REPRESENTATION OF W O M E N ON MINIMUM W A G E - F I X I N G B O D I E S
Arkansas : The Industrial Welfare Commission which has power to fix
minimum wages must consist of two men and two women, and the
Commissioner of Labor and Statistics who must serve as chairman.
California : At least one member of the Ave members of the Industrial
Welfare Commission, which administers the minimum wage law,
must be a woman.
Colorado : On any wage board charged to make recommendations to
the Industrial Commission (which fixes rates) there must be not more
than three representatives of employers, three of workers and three
of the public and one in each of these groups of representatives must
be a woman.
Massachusetts : The law is administered by a commission under the
Department of Labor and Industry ; one member of the Board of
Commissioners of the Department must be a woman ; in practice
the woman member serves as Acting Director of the Minimum Wage
Division.
Minnesota : The Industrial Commission may set up advisory boards
to make recommendations with respect to wages in given occupations ;
" at least one-fifth of the membership of any board shall be composed
of women, and at least one of the representatives of the public shall
be a woman ".
U.S.S.R.
I.
Legal P r o v i s i o n s w i t h R e s p e c t t o E q u a l i t y of R e m u n e r a t i o n
for the t w o S e x e s
The rights of women workers as regards wages are equal to those of
male workers (Constitution of 1936, sec. 122).
II.
VENEZUELA
I.
L e g a l P r o v i s i o n s w i t h R e s p e c t to E q u a l i t y of R e m u n e r a t i o n
for the t w o S e x e s
Equal wages for equal work, irrespective of sex (Labour Act of
15 July 1936, sec. 55).
II.
CHAPTER X
/
DIFFERENTIAL TREATMENT OF INSURED
WOMEN UNDER SOCIAL INSURANCE SCHEMES
Differential treatment of the two sexes in insurance systems
is, for the most part, of a different sort from that in laws controlling the conditions of employment.
Legislation regulating conditions of employment was
originally adopted to protect the individual in his work and,
for the various reasons discussed elsewhere in this volume, it
has not infrequently in its initial stages regulated the employment
of women without applying to that of men. Only later has it
been regarded as a means of raising the general level of employment conditions and made applicable to all workers. Regulation tends to extend from special precaution to general standardisation. As already indicated, some of the present special
regulations of women's work represent legislative control still
in its initial stages ; s'orne occurring in relatively old and elaborate
bodies of law are plainly vestigial ; the rest are, in all but a few
cases, based on physical differences.
In social insurance, differential treatment of the two sexes
is to be otherwise explained. Social insurance has from the
beginning considered the economic security and general standard
of living of mixed groups or communities. In contrast to legislation regulating employment conditions, it was not devised to
protect the individual at his work, but principally to secure
individuals and families against want in times of suspended wage
earning or special exigency, or to encourage wide distribution of
generally desirable services. Although it is commonly administered through employment relations, it takes account only
of such circumstances of employment as condition the position
of employed persons as breadwinners for themselves and for
others.
The benefits of social insurance are financed by the contributions of workers and their employers, in many schemes supple27
418
THE LAW AND WOMEN'S WORK
mented by State subsidy. Consequently the calculation of
contribution involves consideration of various biometrical
functions.
By custom or by law, the economic responsibilities of men
and women in relation to their families are often different. Also
when vital statistics with respect to men and women are recorded
separately the two sexes show different rates of mortality,
morbidity, etc., just as do different age or occupational groups
or other intrinsically or circumstantially differentiated categories
of persons.
A social insurance scheme may or may not take account of
differences in family responsibility and physical risk when fixing
the rates of contributions and benefits for men and women and
defining the conditions under which benefits are payable to
dependants.
In private insurance the principle followed in fixing the
premium rates for a given benefit is that the rate should correspond to the risk represented, by the individual candidate for
insurance. Such individualisation, however, is usually not
carried farther than a classification by age and sex. Reliable
estimates of the risk must be based on very large numbers of
past instances, and if the lives under observation were divided
into numerous groups, the group experience would not provide
an adequate basis for estimate. Moreover, age and sex are
definite and easily applied criteria. Where premiums vary
according to age and sex, although there is formal differentiation among persons of different ages and between the sexes,
the principle of equal return for contributions is observed.
In social insurance greater latitude may be allowed in
adapting the contribution rate to the risk represented by the
individual. The insured person is never the sole contributor
to the funds out of which his benefits are paid. The employer
and, very often, the State are also contributors ; and it may be
held that revenue from their contributions may be applied for
the provision of benefits proportionate to the need rather than
to the personal contributions of the individual. Hence it is
that, in general, social insurance benefits, though related to
contributions, are weighted in favour of persons whose need for
them is relatively great.
A social insurance scheme often covers millions of insured
persons, and its administration must be expeditious. Also
benefits of prescribed amount must be awarded as of right in
DIFFERENTIAL TREATMENT OF INSURED WOMEN
419
circumstances clearly defined by law : the discretion of the
insurance institution must be confined within the narrowest
practicable limits. It is not feasible to consider each case on its
merits ; it is necessary that the situation of the individual
should be presumed by reference to easily verifiable criteria
such as wages and number of dependants. Again, it is important
that the application of compulsory insurance, calling for contributions from the employer, should not be such as to encourage
preference in employment being given to young workers over the
elderly or to one sex over the other.
In social insurance differences in age or sex are usually ignored
in calculating contributions and also the benefits payable in
respect of the insured individual.
The grant of social insurance benefits in respect of the dependants of an insured person is, however, often determined by a
presumption of need based on the sex and conjugal status of the
insured. Thus, under some insurance schemes, an insured
husband or father is deemed to be the breadwinner of his family
in all cases, but an insured wife either not at all or only if her
husband is an invalid, and an insured mother only if she is a
widow. The differentiation between the sexes is intended to
correspond to the average or normal case of need but not necessarily to the individual case. Since it is not, as a rule, paralleled
by differentiation in the rate of contribution, it results in unequal
return for contributions when it involves the granting of benefits
to men in situations in which women could not claim benefit.1
Similarly there is inequality of return for contributions as
between the married and unmarried, since differentiation in
benefits, based on conjugal status, is never coupled with differentiation in contribution rates. The unmarried of both sexes help
to pay for the dependants of the married.
1
Insurance schemes most commonly take account of the responsibility of parents for their minor children and this responsibility is generally
held to fall primarily and prevailingly on the father.
In most parts of the
world, the increasing employment of women at paid work outside their
own homes is making their financial contribution to the support of others
increasingly important. No inclusive studies have yet been made either
of the contributions of married women to family budgets or of the contributions of the unmarried to the support of ascendants or others. Certain
recent enquiries have shown such contributions to be more common
and more needed than has usually been assumed and an effort to collect
available data as to their frequency and importance is being made in
connection with a study now in progress in the International Labour
Office.
420
THE LAW AND WOMEN'S WORK
These general considerations may serve as an introduction
to the following analysis of those provisions of social insurance
laws which differentiate between insured men and insured
women.
The analysis covers the social insurance schemes of thirtyseven countries in which such schemes are relatively important.
Only a few schemes differentiate in the matters of liability
or entitlement to insurance, basic wages, contribution rates,
or the right to participate in administration ; these matters
will be here dealt with at the outset and for all branches of
insurance together.
The great mass of differential provisions are concerned
with benefits. In subsequent sections will be found, classified
by branch of insurance, distinctions made between insured men
and insured women in the matter of the rights to benefit which
insurance creates for themselves or their dependants.
§ 1.—Scope of Insurance
COMPULSORY INSURANCE
Almost all the insurance schemes here dealt with define their
scope in terms which make no distinction on the ground of sex.
In a few cases the members of one sex or the other pursuing
certain employments are excluded from insurance because the
employment followed by that sex is considered unsuitable for
insurance.
Thus in Austria married women who depend only to a
negligible degree on paid employment are excluded from the
insurance for salaried employees, while married women who
have homes to look after are insurable only if they are employed
for more than 50 hours a month outside their homes, and earn
more than 80 shillings a month. In the application of the
German scheme of insurance against invalidity, old age and
death, women performing certain forms of work are covered,
while men performing what are nominally the same services are
deemed to furnish them under conditions which make them
ineligible to insurance. This is the case with such occupations
as hairdressing, washing, ironing and sewing done independently
or for the most part in the houses of clients.
A few exclusions of workers of one or the other sex are also
made for other reasons or groups of reasons. Unemployment
DIFFERENTIAL TREATMENT OF INSURED WOMEN
421
insurance in Great Britain and Northern Ireland and in Ireland
covers male, but not female nurses and probationers, and in
Germany, male but not female domestic servants.
VOLUNTARY INSURANCE
In Great Britain and Northern Ireland married women are not
entitled, as are men and unmarried women, to continue their
health insurance as voluntary contributors on giving up insurable
employment.
The situation is similar in Ireland, where moreover married
women also lose the right to continue their insurance under the
Widows' and Orphans' Pensions Act. However, in all these
cases an insured woman who marries an uninsured man confers
upon him the right to become a voluntary contributor—a privilege which he could only obtain for himself after employment
in an occupation in which he would be compulsorily insured.
§ 2.—Classification and Basic Wages
Under a few schemes, insured persons of certain groups
are arranged in wage classes by age and sex, the basic wage of
each class being calculated from the average earnings of persons
of the age and sex group comprised in the class. Since the
average earnings of women are lower than those of men, women
are assigned a lower basic wage than men.
Under such an arrangement, the exceptional woman who
earns as much as or more than a man is subjected to differential
treatment to her disadvantage ; such is the case, for example
with respect to apprentices in the accident insurance schemes of
Norway and to agricultural workers in the accident insurance of
Poland. Similarly, the Netherlands scheme of invalidity, old-age
and widows' and orphans' insurance places adult men in the
highest wage class and adult women in the next lower class.
§ 3.—Contributions and Benefits
As a rule men and women pay contributions which are
proportionate to their respective basic wages, the proportion
being the same for both sexes.
In Great Britain and Northern Ireland and in Ireland,
however, a different system prevails (health insurance, pension
insurance, unemployment insurance). Here the contribution
422
THE LAW AND WOMEN'S WORK
rate varies with sex and, in the case of unemployment insurance,
with age, but in no case with wages. Benefit rights too are
different for men and women and take no account of wages.
Under the health insurance schemes of these two countries
the sexes are segregated for actuarial purposes. The women's
contribution rate is a little lower than the men's, but their
benefit rate has been fixed at a much lower figure because of
their higher morbidity experience. In Great Britain and
Northern Ireland a further distinction is made between married
and unmarried women : both pay the same contribution but
married women receive a lower benefit, again because of their
higher morbidity experience.
Under the old-age and widows' and orphans' insurance
scheme of Great Britain and Northern Ireland and the widows'
and orphans' insurance scheme of Ireland, the women's contributions are fixed at half the rate of the men's. The differentiation
is due to the fact that a woman's contributions create less
valuable pension rights for her dependants than do a man's.
In the same two countries there are separate rates of contribution and benefit for men and women under the unemployment
insurance schemes ; but the contribution rates for the two sexes
bear the same relation to the benefit rates.
§ 4.—Participation in Administration
Men and women have everywhere equal rights to participate
in the administration of social insurance. In order to ensure
that women shall have a voice in administration, the laws of
Great Britain and Poland make explicit provision for the inclusion
of women among the persons appointed by the Government to
seats on insurance bodies.
The Recommendation (No. 43) of the International Labour
Organisation concerning the general principles of invalidity,
old-age and widows' and orphans' insurance, 1933, contains a
similar provision.
§ 5.—-Benefit Rights under Workmen's Compensation
INJURED WORKERS
Under workmen's compensation or accident insurance
schemes the benefits granted to injured workers depend on
their degree of incapacity and on their basic wage. There
DIFFERENTIAL TREATMENT OF INSURED WOMEN
423
are few examples of any differential treatment of men and
women workers. Reference has been made to the lower basic
wages implying lower • compensation for certain groups of
women in Norway and Poland. It may also be mentioned that
the Tasmanian law lays down a minimum rate of compensation
for men only.
Injured Workers with Dependants
In two Australian States special provision is made for
injured men (but not women) who have dependants. In
South Australia special minimum rates are laid down for married
men and widowers with children and for married men without
children. In New South Wales a man who is incapacitated
receives a supplementary benefit for his wife or for a female
dependant caring for his children.
SURVIVORS
While benefits payable to injured workers are, with these
few exceptions, determined without reference to sex, there is no
such uniformity in the assignment of benefits to the surviving
relatives of deceased men and women. The most common form
of differential treatment is differential provision with respect
to the surviving spouse of a fatally injured man or woman.
Widows and Widowers
Some schemes compensate unconditionally, others only
on evidence of need, the surviving spouse of a fatally injured
worker of either sex. Most schemes, however, provide different
benefits in respect of the insurance of men and women ; their
provisions are based on the assumption that a widow has
ordinarily been supported by her husband, while a widower has
only in exceptional cases been maintained by his wife. The
most frequent form of differentiation consists in awarding
compensation automatically to widows and only upon evidence
of special need to widowers.
In many countries where a widow benefits unconditionally,
a widower benefits only if he is incapacitated and has been
dependent on his wife (Austria, Estonia, Finland, Germany,
Hungary, Latvia, Lithuania, Poland). In some countries a
widower receives compensation if incapacitated, whether he
424
THE LAW AND WOMEN'S WORK
has been dependent upon his wife or not (Brazil, Chile, Costa
Rica, Czechoslovakia, Italy, Norway, Rumania,
Uruguay,
Yugoslavia and eight States of the United States of America).
In others, a widower who has been dependent on his wife is
compensated irrespective of the cause of dependency (Netherlands, Portugal and 18 States of the United States of America).
Finally, there are two countries in which the widower receives
compensation if the wife contributed substantially to the
support of the family (Denmark and Luxemburg).
Sometimes the conditions of compensation are identical,
but a widow is awarded compensation in excess of that which is
granted to a widower. For example, in three of the Canadian
Provinces, widows receive a lump-sum benefit in addition to a
pension, whereas widowers receive a pension only. Both the"
conditions and the amount of benefit may differ : in the Netherlands a widow is unconditionally entitled to a pension equal to
30 per cent, of her deceased husband's wage, but a widower
benefits only if he has been dependent on his wife and receives
only the actual sum which she regularly contributed to his
support up to a maximum of 30 per cent, of her wages.
Both widows and widowers are, as a rule, deprived of their
pensions if they remarry, but women's pensions are sometimes
terminated with the payment of lump-sum benefits not accorded
to men (Czecho-Slovakia, Netherlands, Yugoslavia).
A few cases exist in which a widow has a conditional right
to compensation but a widower is under no circumstances
compensable. Thus in the American State of New Hampshire,
a widow is entitled to compensation if she was in fact dependent
on her husband, but a widower is never compensable. In
Germany, upon the death from any cause of a man who has
been incapacitated to the extent of 50 per cent, or more as the
result of an occupational accident, his widow receives a lumpsum benefit ; but there is no corresponding benefit for a widower.
Children
Under the great majority of schemes children are indiscriminately compensated on the death of a father or a mother,
either automatically or on evidence of dependency. But there
are a few exceptions to the general rule.
In Luxemburg, the insurance of a man who loses his life by an
accident provides pensions for his children, while that of a
DIFFERENTIAL TREATMENT OF INSURED WOMEN
425
woman makes provision for her children only if their father
has deserted them and does not contribute to their support.
In one or two countries the accident insurance law reflects a
Civil Code which imposes on the father and mother unequal
responsibilities for their children. Thus in Germany the Civil
Code makes a father responsible for the support of his legitimate
children and of illegitimate children for whom his paternity
has been established ; and the insurance law makes benefits or
pensions payable for such children in virtue of a father's insurance. A mother is not required t o support her children who
have a legitimate or legally accredited father if the father is
capable of maintaining them, and accordingly only when she has
in fact supported t h e m does her insurance provide benefits or
pensions in respect of them. For her illegitimate children
without established paternity a mother is in the first instance
responsible, and for such children her insurance unconditionally
provides benefits and pensions. Again in Hungary a man's
insurance provides for his legitimate children and for illegitimate
children for whom his paternity has been established or whom
he has acknowledged without legal formality, but a woman's
insurance, which provides likewise for her legitimate children,
provides also for any illegitimate child.
§ 6.—Benefit R i g h t s u n d e r S i c k n e s s I n s u r a n c e
INSURED
Benefit
PERSONS
Bales
In Great Britain and Northern Ireland and in Ireland lower
rates of sickness benefit are prescribed for women t h a n for men,
and in the former lower disablement benefits. These lower rates
are assigned partly because of the slightly lower contributions
of women, but mainly because women show a higher morbidity
experience. In Great Britain and Northern Ireland married
women's benefits, though not their contributions, are lower
than those of unmarried women.
Adjustments
upon
Marriage
Under the health insurance schemes of the same two countries
the marriage of a woman contributor entails her transfer to a
lower scale of benefits, and affects her status as an insured
426
.
THE LAW AND WOMEN'S WORK
person. In Great Britain and Northern Ireland a woman contributor who in the course of the first year after her marriage has
been voluntarily unemployed for as long as eight weeks is
placed in a special category in which the period during which
she is entitled to free insurance and the benefits she may claim
during that period are more limited than the period and the
benefits allowed to a man or unmarried woman after a like
voluntary interruption of employment. In Ireland a woman
loses on her marriage all her benefit rights in course of acquisition
and receives in compensation a lump-sum benefit ; if she remains
in employment, she must complete the qualifying period afresh
in order to be entitled to sickness and disablement benefits.
INSURED PERSONS WITH DEPENDANTS
Health insurance very commonly affords medical benefit
in respect of the illness of dependent members of insured persons'
families. Benefits thus payable for sickness in the family are
usually granted without reference to the sex of the insured
person. In a few countries, however, the fact that a wife is
often not insured while a husband commonly follows insurable
employment has been taken into account.
In Lithuania and in Poland, benefits are payable unconditionally in respect of illness of the wife of an insured man, but in
respect of illness of the husband of an insured woman only if he
is incapacitated and lives at his wife's expense and in her home.
In Hungary the wife of an insured man is eligible for free medical
assistance at any age, the husband of an insured woman only
after he has reached 60. Under the special tuberculosis
insurance of Italy the wife of an insured man benefits unconditionally, the husband of an insured woman only if he is disabled..
§ 7.—Benefit Rights under Maternity Insurance
In a few countries there exists a special maternity insurance
scheme to which only women contribute. As a rule, however,
maternity benefits in cash and in kind are provided under the
general schemes of sickness insurance for employed persons.
Under such schemes maternity benefits are provided for the
insured woman herself and for the wife of an insured man and,
in some cases, also for certain female relatives of insured persons
of either sex.
DIFFERENTIAL TREATMENT OF INSURED WOMEN
427
The most common arrangement is to accord relatively
extensive benefits to insured women in respect of their own
confinements,1 while granting more restricted benefits to
insured men in respect of the confinements of their wives,
or to both men and women in respect of the confinements of
certain female dependants. Usually the breadwinner's insurance
provides for a wife or other beneficiary dependant whatever
medical care or benefits in kind are provided for insured women
themselves, but not the cash allowance or lump-sum benefit
awarded to an insured woman in lieu of the wages which she
loses during her abstention from work. Sometimes, however,
cash allowances or lump-sum benefits are provided on a smaller
scale for wives and dependants. Similarly the nursing allowances, granted under some schemes to insured women who
nurse their infants, are paid in reduced amount to women
benefiting under the insurance of another person.
§ 8.—Benefit Rights under Invalidity,
Old-age and Widows' and Orphans' Insurance
INSURED PERSONS
Invalidity Pensions
In Great Britain and Northern Ireland disablement benefits
are paid under the health insurance scheme which provides, as
already described, for both contributions and benefits at flat
rates which are lower for women than for men. In Denmark,
under the invalidity insurance scheme, contributions are equal
for the two sexes but pensions are lower for women than for men.
Old-age Pensions
Under several schemes the pensionable age is lower for
women than for men ; the differentiation seems to imply the
assumption that women lose the power of self-support at an
earlier age than men.
Under the Austrian insurance scheme for salaried employees,
women are pensionable five years earlier than men. The same
is true in Belgium. In Poland the insurance scheme for
1
The provision which maternity insurance makes for employed
women is described in Chapter III : " Maternity Protection ".
428
THE LAW AND WOMEN'S WORK
intellectual workers makes 65 the pensionable age for both
sexes, but admits a man to pension at the age of 60, if he has
already paid 480 monthly contributions, and a woman at 55,
if she has paid only 420. In the U.S.S.R. men are pensionable
at 60 after 25 years of work, women at 50 after 20 years of work.
In Yugoslavia the insurance scheme for salaried employees in the
provinces of Slovenia and Dalmatia admits both men and
women to pension at 55 if the man has paid 480 monthly contributions, but the woman only 420. After only 60 payments,
women are pensionable at 65 but men not until 70. Similarly,
insurance for salaried employees in Czechoslovakia pensions
men and women who have paid the prescribed number of required
contributions at 60 and 55 respectively, allowing men to be
pensioned before 60 only if they have made 480 contributions ;
special pensions for elderly persons who have been out of work
for as much as 12 months are made available for women at
54, but for men only at 56.1
Adjustments upon Marriage
Social insurance schemes which cover the risks of invalidity,
old age or death call for contributions which, in the case of
young workers, are destined to cover benefits presumptively
likely to fall due many years later. Consequently, when a
young woman who has contributed for a number of years under
such a scheme definitely gives up her work on marriage, as she
is likely to do, if her rights in course of acquisition are cancelled,
it is equitable to return to her a part of her contributions.
Thus, under the pension insurance schemes for salaried
employees and intellectual workers in Germany and Poland a
woman who, having completed the qualifying period, gives up
work on marriage, may surrender her rights in course of acquisition in exchange for the refund of her own share of the joint
contributions paid on her behalf.
Again, in Hungary a woman who abandons insurable employment within a year after her marriage, if she has already completed the qualifying period, may choose between liquidating her
insurance by drawing out nine-tenths of the contributions paid
on her behalf and the alternative of an immediate resumption of
1
In Greece, the social insurance scheme which was partially applied in
1937-1938 provides for old-age pension at the age of 60 for an insured
woman and 65 for an insured man.
DIFFERENTIAL TREATMENT OF INSURED WOMEN
429
full insurance status in the event of her return to insurable
employment at any future time. If she has not completed the
qualifying period at the time of leaving employment, she may
not withdraw any portion of the contributions credited to her
account, but, in the event of a return to employment, she automatically resumes whatever measure of insurance status she had
attained before marriage. If the insurance rights thus left
suspended are never resumed by a return to employment she
may on attaining pensionable age claim nine-tenths of the
contributions credited to her account.
There is also such a thing as a payment to a woman upon
marriage which is not made in liquidation of insurance rights,
but is simply a form of benefit and receivable without prejudice
to subsequent claims. In Czechoslovakia a woman worker who
has completed the qualifying period receives a dowry whether
she gives up her work or not, and without any modification of
her pension rights in course of acquisition.
Reference has already been made to the modification of the
insurance status of women which ensues upon their marriage
under the health insurance schemes of Great Britain and Northern
Ireland and of Ireland ; the modification affects the right to
disablement benefit as well as the right to sickness benefit.
INSURED PERSONS WITH DEPENDANTS
Several pension insurance laws provide for supplements to
pensions in respect of certain dependants living with the pensioner. Among these laws there is at least one which grants a
supplement in respect of the wife of an insured man but makes
no provision for the husband of an insured woman ; in Great
Britain and Northern Ireland, only the old-age pension of a man
attracts a like pension for a spouse of pensionable age.
SURVIVORS
Widows and Widowers
The differential treatment of the sexes with respect to the
rights which widows' and orphans' insurance confers upon a
surviving spouse is inspired by much the same considerations as
have been seen to operate in workmen's compensation. The
degree of differences between the rights of widows and widowers
varies considerably.
430
THE LAW AND WOMEN'S WORK
The maximum discrepancy is seen in those countries where
a widow receives a pension irrespective of age, need or capacity
for work, while a widower can in no circumstances qualify.
This situation is found under the general scheme of pension
insurance in Great Britain and Northern Ireland and under the
salaried employees' pension scheme in Yugoslavia. There is
a lesser discrepancy under the general pensions scheme in the
Netherlands, where a widow is entitled to a pension only if she is
an invalid, but a widower under no condition.
In salaried employees' pension schemes, it is frequently
provided that a widow shall be unconditionally entitled to a
pension in virtue of her husband's insurance, while a widower's
right to a pension depends upon his being incapable of work
(special schemes in Argentina, Brazil and Uruguay). Under the
salaried employees' schemes in Austria, Czechoslovakia, Germany,
Hungary and Poland it is further required to be proved that the
invalid widower was supported by his wife.
Tn widows' and orphans' insurance for manual workers the
differences between the rights of widows and widowers are
generally less pronounced ; to qualify for a pension both the
widow and the widower must be in some way handicapped in
earning a living ; the conditions of qualification are, however,
stricter for the widower. Thus in Austria,
Czechoslovakia,
Germany, Hungary, Luxemburg and Poland the widow of a
manual worker is entitled to a pension if she at any time becomes
disabled or when she reaches pensionable age (60 in Czechoslovakia and Poland, elsewhere 65) or if she has children to
support (Austria, Czechoslovakia, Luxemburg).
The widower,
on the other hand, is only granted a pension if he was disabled
at the time of his wife's death and was supported by her.
In the countries just mentioned, a man's insurance invariably
provides an old-age pension for his widow when she has reached
pensionable age, but a woman's insurance secures no such benefit
for her widower in these, or indeed in other countries. Belgium
presents a partial exception to this rule, for there a woman who
has a dependent husband may, at her own request, arrange with
the insurance institution that if she dies before reaching the
pensionable age her insurance will provide him with a pension.
Such an arrangement can, however, only take effect after two
years' notice and the pension granted to the widower represents
a smaller proportion of the pension to which the deceased
spouse was entitled than is the case with widows' pensions.
DIFFERENTIAL TREATMENT OF INSURED WOMEN „
431
As in workmen's compensation, the pensions drawn by
either a widow or a widower terminate on remarriage, b u t only
a woman receives a lump-sum benefit in commutation of her
pension rights. For example, under the Czecho-Slovak and
Yugoslav insurance schemes for salaried employees and the
Polish scheme for intellectual workers, pensioned widows who
remarry receive, on the termination of their pensions, a lump-sum
benefit equal to three years' pension instalments.
Children and Olher
Dependants
The assumption t h a t a man is normally the breadwinner of
his family is the ground for some rather complicated differences
in the conditions under which benefits are granted t o the children
or other relatives of deceased insured men and women.
In the Netherlands, when an insured man dies leaving children,
they are entitled to pension ; when an insured woman dies
leaving children, they are entitled to pension only if their father
is also dead or if it was the mother who supported them. Correspondingly, when an insured man loses his wife his insurance
does not assume any liability with respect to his children, b u t
if an insured woman loses her husband her insurance provides
orphans' pensions for her legitimate children, except during any
period in which she is already in receipt of an invalidity pension.
In Germany and Hungary the grant of orphans' pensions and
pension supplements in respect of children is determined, as in
the case of accident insurance, in conformity with the provisions
of the Civil Code concerning the respective responsibilities of
father and mother for their children, legitimate and illegitimate.
The German insurance scheme for salaried employees, however,
provides t h a t if an insured woman dies without having benefited
from her invalidity insurance, and leaves survivors who, under
the strict conditions applying to a woman's insurance, m a y not
receive pensions, the survivors are entitled to the refund of
her contributions.
In Great Britain and Northern Ireland and in Ireland a father's
insurance provides, in the event of his death, allowances in
respect of his children in supplement of the pension payable
to his widow ; it also provides orphans' pensions if his wife has
predeceased him or if she dies subsequently. A mother's
insurance provides no allowances for children whose father is
living when she dies, and no orphans' pensions in the event of his
432
THE LAW AND WOMEN'S WORK
subsequent death, but only orphans' pensions for children whose
father has predeceased her.
§ 9.—Unemployment Insurance
The provision of temporary benefits in lieu of wages, which
is the purpose of unemployment insurance, offers relatively little
occasion for differential treatment of the sexes, and little exists.
In Great Britain and Northern Ireland and in Ireland contributions and benefits are lower for women than for men and
married women can only benefit under certain conditions. In
Great Britain and Northern Ireland the conditions involve
substantiation of a claim to being a regularly employed person
having every intention of continuing to be in insurable employment, with due consideration given to the prospect of
finding work. In Ireland the conditions require the married
woman to be the support of herself and others ; further, single
women and widows as well must have dependants or have met
special requirements with respect to contributions.
In Belgium a married woman who is completely unemployed
cannot benefit unless she is the head of a family ; while one who
is " partially " or " intermittently " unemployed may benefit
without being herself the head of a family, not at the same rate
as a married man or even a single man over 25 years of age, but
at the rate for a man without family and between 18 and 25. In
Germany a married woman cannot benefit without presenting
proof of need.
The New Zealand system of providing for the unemployed,
which is something between insurance and relief, originally
anticipated no occasion to provide for unemployment among
women, but has lately been extended to make provision for the
relatively small numbers of women who were found to be in need
of unemployment relief. Taxes to provide for unemployment
relief which were originally levied on men only are now levied
also upon women, with the exception of those in domestic service,
and Women's Employment Committees have been rather
informally organised and have been given authority to grant to
unemployed women cash allowances in any amount up to a sum
which is equal to seven-tenths of the regular allowance for
single men ; the Committees may also furnish free meals and
make donations in kind without prejudice to the allowance.
CHAPTER XI
THE LEGAL POSITION OF WOMEN AS
PROFESSIONAL WORKERS
The questions considered in this chapter are, for the most
part, questions of right to employment and not of protection.
They are therefore much more closely related to those discussed
in Chapter VIII than to those dealt with in the intervening
chapters.
Intellectual work does not involve physical hazards peculiar
to women against which it is necessary to provide precautions
but, since it leads to posts of public responsibility, it has long
been traditionally regarded as a masculine preserve. Restrictions on the access of women to such work are in the nature
of heritages and there is much room for differences of opinion
concerning their present justification. Obviously, they rank
among legal discriminations in contravention of the principle
of sex equality in the field of working life. Therefore the
criterion established by the resolution of the League of Nations
Assembly as a guide for the analysis of legislation with respect
to the status of women makes it necessary to examine the legal
position of woman as intellectual worker.
A.—THE
EMPLOYMENT OF WOMEN IN PUBLIC
ADMINISTRATION
In the course of time, and particularly during the last halfcentury, the situation of women in public service has undergone
much change. It has been affected by diverse influences
operating, with varying effect and not infrequently in opposite
directions, some towards assimilation, others towards differentiation of the situations of men and women.
To allow of a general survey of the present situation, by
analysis of the regulations in force and also of current practice
28
434
THE LAW AND WOMEN'S WORK
whenever the Office possesses information upon it, seven matters
have been fixed upon as essentials.
Differences of treatment based on sex with respect to some
of these place women in a less favourable position than men
and constitute a limitation of rights ; differences with respect
to others represent the grant of special privileges in relation
to particular physical or social conditions peculiar to women.
The information here analysed comes from countries
representing several continents and various racial groups and
the seven matters covered are represented by the headings
which follow.
§ 1.—Admission to the Service
Two opposite tendencies can be distinguished in the changes
of policy with respect to the admission of women to public
services. The most widely operative has been a tendency
towards placing women on a more equal footing with men as
regards admission to an ever-widening range of posts. This
tendency is largely due to the development of women's education
during the last century and especially to their admission to the
universities. The opportunity which has now been accorded
them in almost every country to pursue advanced studies
under the same conditions as men, to work side by side with
men, sitting for the same examinations, taking part in the same
competitions and receiving the same academic degrees (in a few
countries, only analogous degrees), has logically led to their
admittance to professions and public posts for which, with
these opportunities, women can have the same scholastic
preparation as men.
The remarkable extension of the intellectual and social
activities of women, which was especially notable during the
period of the war, led in the international field to the recognition
of equal rights for men and women in the organisations set up
by the treaties of 1919. Article 7, paragraph 3, of the Covenant
of the League of Nations reads : " All posts under or in connection
with the League, including the Secretariat, shall be open equally
to men and women." It is not merely in principle that access
to staff posts in the International Labour Organisation is open
to women ; the application of the principle is assured by a
provision respecting policies to be followed by the Director
LEGAL POSITION OF WOMEN PROFESSIONAL WORKERS
435
of the Office in the selection of staff. He must, " so far as is
possible with due regard to the efficient work of the Office, select
persons of different nationality. A certain number of these
persons shall be women." (Article 9 of the Constitution of the
International Labour Organisation.)
National civil services also have been opened to women,
to varying degrees which are in each country proportionate
to the development of female education and in inverse ratio
to the resistance offered by established custom and'conservative
opinion.
The opening of these services to women has also been effected
in a variety of ways.
In the first place, it should be observed that in certain
countries where government services were systematically
organised a long time ago, a system of " segregation " was
adopted. Under this system women have access to posts
exclusively reserved for them—generally subordinate, or at most
intermediate posts—thè classification of which is quite separate
from that of the masculine hierarchy in respect of the possibility
of promotion, the gamut of men's posts usually running from
subordinate or intermediate posts (corresponding to those
open to women) up to the highest positions in the service.
This system of organisation, adopted before the modern extension
of women's education, is still to be found, but it tends to
disappear where it formerly prevailed and is seldom introduced
in newly established services.
In other countries, public services which originally excluded
women altogether have been in various ways and to various
degrees opened to them. In these the admission of women has
usually been a gradual development but occasionally it has been
sudden. Sometimes the establishment of a new political
régime, favourable to equal rights, has secured provisions in a
national constitution according women the same right of access
as men to all public offices and responsibilities (Brazil, Spain, etc.).
The demands of women, expressed'through their own organisations and leaders, have often played their part in securing the
adoption of such enabling measures. Sometimes the mere
ascription of equality of rights to citizens of the two sexes,
without any explicit reference to public service, has provided
the legal basis for admitting women to all posts (see Argentina,
China, Cuba, Czecho-Slovakia, Estonia, Lithuania, Mexico,
Poland, Turkey, U.S.S.R., etc.).
436
THE LAW AND WOMEN'S WORK
Most frequently legislation has followed the slow evolution
of social custom, and public employments inaccessible to women,
either because of old laws enacted before current developments
or only because of observance of a tradition, have one by one
been opened to them as occasion dictated—although sometimes
merely to the extent of admitting now and again individual
candidates of outstanding qualifications.
In a few countries, when the progress of women was already
far advanced, it has, at a given moment, been given recognition
in legislation making women eligible to public positions. This
is what happened in Norway (1912), Denmark (1921), Sweden
(1923) and Finland (1926).
It should be noted that some of these Scandinavian enactments make a few exceptions. These exceptions may seem to
stand in surprising contrast to the lack of restriction on access
to public service in certain other countries in which social
custom certainly does not accord women the same general
emancipation that they enjoy in the Scandinavian countries.
But the contrast is to be explained by a difference in the positive
applicability and immediate practical bearing of the laws in
question. The Scandinavian laws operate in countries where a
great many women are equipped by education to fill public
posts of all sorts and it therefore has been thought necessary
to include in the law any limitations on women's right of access
which were to be imposed in immediate practice.
The exceptional limitations to be found in this group of
countries are all included in one or another of three particular
classes-—military or quasi-military positions, including those
in the customs and criminal police services (for which women
are unlikely to apply even in the absence of limitation), higher
governmental posts of certain sorts 1 and ecclesiastical posts, 2
and certain posts entailing the custody and bodily care of such
groups of male persons as inmates of hospitals for the insane
or of prisons and corresponding to posts entailing similar
responsibilities with respect to females and barred by law to men.
In certain countries the rights of women with respect to
admission to the public service have not been clearly defined
1
Since Act No. 5 of 24 June 1938 abolished such restriction in Norway
it now
exists only in Finland.
2
The abolition of restrictions with respect to these is under consideration in those countries in which they have lately existed and has just
been effected in Norway (1938).
LEGAL POSITION OF WOMEN PROFESSIONAL WORKERS
437
by law. In some of them, in the absence of any explicit
provision prohibiting the employment of women, the view has
been taken that women are, in theory, eligible for appointment,
although in practice no women may ever have been appointed
to certain posts. In other countries, where the law establishes
no rule, there are administrative regulations for particular
departments of the service which permit of admitting or excluding women by the conditions of admission to competitive
examinations.
Finally, there are countries in which the services stand wide
open to women and women have occupied the highest positions,
if not in large numbers, at least in a few outstanding instances
(United States of America and U.S.S.R., where women at present
hold diplomatic and high governmental and judicial positions).
When the Office has been furnished with definite information
as to practice, the information has been briefly indicated in the
appendix to the present chapter.
Side by side with these progressive movements, as was
intimated above, there has been during the last few years a
reactionary movement in several countries.
In Germany, as a consequence of a reversal of general
political tendencies, reaction has found definite expression
in measures which are in contravention of the explicit constitutional provisions guaranteeing equal rights. In certain other
places the introduction of restrictive measures which are perhaps
only temporary may be explained by the exigencies of the times
and especially by the financial necessity for reducing administrative staff at the very moment when there is unemployment
in all departments of the national economy ; such measures
are designed to reserve for men vacancies which have become
increasingly rare. They achieve their result either by excluding
married women, who are assumed not to depend on their
earnings for support, or by fixing a quota for femple appointees,
married or single. In some countries such measures have been
repealed soon after their adoption, either because of the strong
objections they provoked, or because of the inconveniences
experienced in their application.
§ 2.—Promotion
In countries where women have the same right as men
to be promoted to the highest posts in their particular division
438
THE LAW AND WOMEN'S WORK
of the service, this right has usually been held to be accorded
them by the legislation which admits them to the services, if
that legislation has not been followed by any restrictive
measures. The right to admission to subordinate posts in a
given division does not necessarily, however, carry with it
unrestricted right to promotion and several examples of specific
limitations are to be found in the summaries of national
legislation in the appendix. Sometimes, again, the conditions
for competitive examinations for subordinate posts specify
the rights which appointees will have with respect to promotion.
The legal position of women, as regards promotion, is not
always easy to determine by reference to legislative enactments ;
and even where legal right to promotion is clearly established,
it is more often disregarded in practice than is the right to
appointment. Because the higher posts are relatively few
and competition for them is keen, selection of women to fill
such posts does not yet occur in many places, notwithstanding
the few brilliant examples already referred to. Such, at any
rate, is the situation as described by several members of the
Office's Correspondence Committee on Women's Work.
As in the case of admission to public service, it should be
noted that where the principle of " segregation " is observed
and there is separate classification of posts for the two sexes,
wpmen are only eligible for promotion within their assigned
range of posts. Strict comparison of men's and women's
posts is not possible under such a system of classification, but
apparently the range of posts assigned to women seldom extends
beyond the intermediate grades. As has already been noted,
" segregation " is being gradually discarded. This is the case
in the British civil service, where it was formerly the rule,
although " aggregation " has not yet been introduced throughout.
In France, the postal, telegraph and telephone service, which is
the largest employer of women among the departments which
formerly placed them in a special category, has changed its
policy and has now largely effected the assimilation of classifications.
§ 3.—Remuneration (Equality or Inequality in
Remuneration for Male and Female Officials)
In this connection reference must first be made to the
principle laid down in the Constitution of the International
Labour Organisation among the guiding principles recommended
LEGAL POSITION OF WOMEN PROFESSIONAL WORKERS
439
to all Governments for observance in the organisation of their
economic life : " . . . that men and women should receive
equal remuneration for work of equal value " (Article 41,
para. 7).
This principle has been adopted in international services ;
the Secretariats of the League of Nations and the International
Labour Office have single salary scales applying to posts of
various grades without reference to the sex of the incumbent.
As would appear from the summaries which follow, the same
principle is frequently adopted in national services ; but in a
number of countries women are still paid at lower rates than men.
There are several different causes for inequality of remuneration. The first is the existence of separate classification
of posts for the two sexes, with entirely separate recruiting,
under the above-mentioned system of " segregation ". Under
this system it is not easy to compare functions and it may be
argued that, while salaries in the women's scale are lower, they
do not apply to " equal work ". It has often been found,
however, that when both sexes work side by side in the same
offices, and work is adjusted to the development of circumstances and resultant demands, the duties of men and women
in posts of similar grade but with different salary rates tend to
become the same. It was the existence of this practical
assimilation of functions that led the government services of
several countries which had previously classified the sexes
separately to adopt the system of " aggregation " with a single
uniform pay scale.
Apart from inequality of remuneration arising from difíéfrentiation in classification, there is occasional inequality without
such differentiation, as, for instance, in the teaching profession
in a few countries. This is sometimes to be accounted for by a
practical reason—the desire to recruit men for certain posts for
which there are few male candidates. It is this desire that
has moved certain local authorities in the United States to pay
higher salaries to men than to women teachers, although in the
national civil service of that country the principle of equal
payment is applied. The reverse situation may exist for
similar reasons, as, for example, in India, where there are cases
of higher salaries being paid to women than to men because of
the scarcity of women candidates for teaching positions.
Again, unequal pay may be merely a survival from earlier
organisation which has continued in certain branches of the
440
THE LAW AND WOMEN'S WORK
service while other branches have adopted the more modern
principle of remuneration according to function (in Norway,
for example).
Here again some recent regulations run counter to the general
trend of evolution. They have been introduced during the
depression under pressure of financial difficulties. The Governments which have adopted them have represented them as being
necessary expedients which they do not attempt to justify
in equity. Salary cuts imposed on women officials only have,
in some cases, been applied inclusively while in others they have
only been applied to married women. Such discriminatory
treatment of married women is probably due to confusion of
the idea of dual or multiple earnings of one person with that
of cumulative family income composed of the unitary incomes
of different members of the same family. Some of these measures,
which met with lively opposition from public servants' organisations, were withdrawn soon after they were adopted (for example,
in Belgium and France).
§ 4.—Retention of Post after Marriage,
or Compulsory Retirement
This is a serious problem of long standing, but it has been
given new importance by recent developments. The retirement
of women from Government services in the event of marriage
has always been obligatory under the regulations of some
countries, especially those in the British tradition. This
requirement appears to have been established by the State in
the capacity of employer as a rule of economy based on the fear
that the domestic duties assumed by a woman on marriage
might interfere with the discharge of professional duties and
entail absences, thereby diminishing her performance in office.
The rule still survives in some English-speaking countries and
in the municipal administrations of a few countries of northern
Europe. It seemed to have disappeared from Central Europe,
where it was formerly common, when women were given the
same rights as men by the Austrian and German constitutions
applied in the years following 1920, but it was reintroduced
later.
In countries where the rule has long been established and
still maintains in principle, it has been considerably relaxed with
the passage of time. This is the case even in the services modelled
LEGAL POSITION OF WOMEN PROFESSIONAL WORKERS
441
upon the British service, in which it was firmly rooted but is
now subject to ex'ceptions when it is found desirable to retain the
services of some particularly competent official in the interest
of the service.
The consequences of the compulsory retirement rule have
been seriously questioned from the point of view of the public
interest. As is attested by recent American investigations
into the comparative efficiency of married and single women as
teachers, 1 the rule of exclusion on marriage applies a mechanical
principle of selection that does not take into account individual
efficiency, which is the essential consideration in rational
selection.
While in some countries the old rule is being relaxed or
discarded, in several other countries where it had been abandoned
or had never been adopted it has been lately introduced as an
emergency measure. In these places the practice seems to be
due, as is that of paying married women at lower rates, to which
reference was made in the preceding section, to confusion of two
different matters—cumulative family income made up of the
unitary incomes of different individuals in the same family, and
multiple earnings by the same individual, which last have often
been prohibited in order that available employment and wages
might be the more widely distributed. However this may be,
the essential purpose of the rule of dismissal on marriage has
been to overcome the difficulties caused by a decrease in the
number of vacant posts as compared with the number of
applications for employment.
Measures of this kind have been criticised on account of
their economic effects, for, in order to compensate for the decrease
in the family purchasing power resulting from the loss of her
usual earnings, the dismissed woman official reduces expenditure
by doing the domestic work of her home, thus depriving of
employment those whom she previously paid to do it. Such
measures have also been vigorously opposed on the ground
that they raise serious problems in the matter of women's
interests. These may be summarised as follows :
Problems connected with vocational training : the fact that
they will be compulsorily retired on marriage may deter girls
1
T E A C H E R S ' COLLEGE, COLUMBIA
U N I V E R S I T Y : Contributions t o
Education, N o . 603 : The Status of Married Women
David W. Peters, Ph.D., New York City, 1934.
Teachers, b y
442
THE LAW AND WOMEN'S WORK
from making the effort necessary to train themselves for public
services, with the consequence that women's right of access to
these services will become meaningless.
Problems connected with the personal dignity and integrity
of women, which cannot always be defended without the
possibility of economic independence.
Problems connected even with the possibility of founding
the home to which every girl aspires, since her continued
employment and earning is often indispensable to the supporting
of a home.
Problems of a more material kind connected with loss of
the right (acquired by years of work in the service) to advantages
accruing to officials who complete a normal period of service—
particularly retirement pensions.
Finally, problems connected with the whole future of women
in public service, which future is compromised by an arrangement
that involves early separation from the service and loss of all
hope of promotion for women who do not renounce marriage
and a normal human life.
These problems, worthy as they obviously are of serious
consideration, are at present the subject of lively public interest.
It may be pointed out that the official international organisations apply the principle of conservation of post in case of
marriage, and that the staff regulations of these organisations
contain various provisions referring specially to the position of
married women.
§ 5.—Residence of Married Women Officials
(Stationing Married Women near
to the Residence of their Husbands, etc.)
This question concerns the way in which national administrations solve one of the most difficult problems in the occupational
life of a married woman official, a problem which is insoluble
in the case of international administrations. Unless it is
possible, when both husband and wife are in government service,
to station both in the same locality, or when a woman official
has a husband engaged in some private occupation to station
her near the scene of that occupation, either family life is made
well-nigh impossible or the woman must resign her post. Thus
for a married woman official it may be a question of sacrificing
LEGAL POSITION OF WOMEN PROFESSIONAL WORKERS
443
either her career in government employment or her domestic
happiness if her work demands a residence remote from that of
her husband.
Regulations with respect to residence have been made in
several countries. The most definite provisions are to be
found in France, where, in order that a married couple may live
together, the woman may be stationed in the locality where
her husband lives, or if the husband is also in the public service
he may be transferred, if this alternative seems more convenient.
A particularly valuable rule is that under which a certain
percentage of vacancies are reserved to facilitate transfers.
§ 6.—Maternity Leave
and Other Adjustments made possible
for Woman Officials who are Mothers of Families
Under this heading, mention will be made of the types of
benefit most frequently granted to women officials'in various
countries in respect of the physical demands of maternity and
of domestic duties. The most important of these benefits
is the granting of special leave of absence before and after
childbirth for periods long enough to allow the woman official
to have the rest which her condition requires.
It will be recalled that a Convention adopted by the International Labour Conference at its First Session, in 1919, provides
that a woman employed in industrial or commercial undertakings
shall be granted leave of absence before and after confinement,
together with benefits sufficient to maintain her and her child
during such leave. This Convention, though it covers government-owned industrial and commercial undertakings as well as
private concerns, does not apply to women officials in public
services ; but it has already had a considerable influence on
their conditions of employment and, in particular, its standards
have been adopted by the administrative services of international
organisations. Article 37 of the Staff Regulations of the
International Labour Office, reproducing the articles in the
Convention almost verbatim, with the introduction of some
necessary adaptations, reads as follows :
" (a) Any permanent woman official whose appointment has been
finally confirmed :
(1) shall be entitled to absent herself from her duties on producing
a medical certificate that her confinement will probably take
place within six weeks ;
444
THE LAW AND WOMEN'S WORK
(2) shall not be permitted to work during the six weeks following
confinement ;
(3) shall receive full pay for the entire duration of her absence in
accordance with paragraphs 1 and 2 above. No mistake on the
part of the doctor or midwife as to the date of confinement shall
prevent the official from receiving full pay from the date of the
medical certificate to that of confinement ;
(4) shall also be entitled to free attendance by a doctor or midwife,
in accordance with a scale to be drawn up by the Director after
hearing the opinion of the Administrative Committee, if her
salary does not exceed 6,000 francs or, in the case of an official
whose husband is also an official of the International Labour
Office or the Secretariat of the League of Nations, if the combined
salaries of both do not exceed 10,000 francs ;
(5) shall be entitled, if she nurses her child, to two rest pauses of
half-an-hour a day for the purpose of nursing.
(b) The leave specified in paragraphs 1 and 2 of this Article shall
not be reckoned as annual leave or sick leave."
Article 33 of the Staff Regulations of t h e Secretariat of the
League of Nations does not follow the t e x t of the Convention
so closely,, but it nevertheless embodies its most i m p o r t a n t
provisions :
" In maternity cases special leave, which shall not count as sick
leave, shall be allowed, not exceeding six weeks before and six weeks
after confinement."
Several countries t h a t have ratified the Childbirth Convention, 1919 (No. 3), of the International L a b o u r Organisation
(Argentina, Brazil, Cuba and Spain) allow their women officials
six weeks' leave with full p a y both before and after confinement.
Three of t h e m allow all the other adjustments provided for
in the Convention—extension of leave in the event of confinement
occurring later t h a n was expected or of illness arising out of
confinement, and rest periods of nursing.
Many other countries which do not make such extensive
provision for maternity allow, at any rate, some period of
leave. B u t as will be seen from the analysis of legislative
t e x t s in the appendix, certain government services, far from
g r a n t i n g paid leave, oblige women to provide a substitute a t
their own expense during absence for confinement.
Other adjustments covered by this heading include special
leave for bringing up children. Such leave is usually granted
w i t h o u t pay, but it is of the utmost advantage both t o t h e
mother and t o her family in t h a t it allows her t o interrupt her
public service for a time and resume it when her family
responsibilities cease to be of a sort t o conflict with it. This
LEGAL POSITION OF WOMEN PROFESSIONAL WORKERS
445'
option of taking special leave is an excellent means of solvingthe problem of reconciling professional and domestic responsibilities which sometimes presents itself in the life of a married
woman in public service. Another arrangement, which is
made, for example, in Denmark, is that of granting to mothers
in government service the option of working shorter hours with
proportionate reduction of pay when they have nursing infants
or small children.
Mention may also be made of adjustments which only a
few government services make possible for employed mothers
(especially extensive in France) including the right to retire
before reaching the standard pensionable age, with a pension
calculated in accordance with length of service, special retirement
privileges for mothers of large families, supplementary annuities
payable in respect of each birth, etc.
In this connection the provisions made for the grant of
family allowances may also be considered. The staff regulations
of international services'—the Secretariats of the League of
Nations and of the International Labour Office—make no
distinction with respect to sex in providing for the payment
of family allowances, these being granted indiscriminately
to employees in the lower categories ; if both consorts are employed
in these categories the two are jointly entitled to a single
allowance, and in the absence of any special reason to the
contrary the allowance is payable to the husband (Staff Regulations of the League Secretariat, Annex 1, para. 9; Staff Regulations of the International Labour Office, Annex 1, Rules as to
Children's Allowances, para. 4).
§ 7.—Conditions of Retirement
According to the information assembled in the appended
summaries, the pensionable age is often the same for men and
women. Sometimes, however, it is the same for both sexes
in certain departments of a Government service but not in
others, without any reason for this difference in departmental
arrangements being easily discernible. When age limits differ,
they are in all cases lower for women than for men, and usually
lower by five years. This differential treatment may be considered either as an advantage or a disadvantage to women. It is
obviously an advantage if the age fixed is merely that at which
it is possible to obtain a full pension after a certain number of
446
THE LAW AND WOMEN'S WORK
years' service, for the option of earlier retirement offers the
possibility of receiving a pension for a longer period. But if
earlier retirement is obligatory, it may prevent women from
completing the normal period of service and consequently
from obtaining pension at full rates, and may also prevent them
from attaining the highest ranks in the service.
From the information furnished it seems that in some
countries women consider a lower retirement age as an advantage,
while in others they consider it disadvantageous on account
of the pecuniary restriction that may be entailed and the early
termination of career.
In other conditions concerning retirement and pension
rights'—where such are granted—there is rarely any distinction
made between men and women officials as regards their personal
pension—i.e. the source of funds (contributions from the
beneficiary or the State) or the calculation of amount of
pension ; there are, however, distinctions respecting the claims
of others on the death of a pensionable official. Distinctions
based on sex are very common in respect of the reversion of the
pension to a consort and not uncommon in respect of pensions
for children and for certain other indirect beneficiaries. The
extreme complexity of the subject of the insurance rights of
indirect beneficiaries has prohibited its examination in the
present discussion, the scope of which is already sufficiently
wide ; this chapter confines itself to consideration of the personal
situation of the individual woman in public employment.
The information given in the appendix is for many countries
fragmentary. While in some countries the conditions of
employment in public services have been laid down in general
regulations governing conditions in their several departments,
so that the position of women has been comparatively easy to
define, in others rules differ from one department to another ;
and where this is the case it has been impossible to analyse them
in detail for each of the complex entities in the national services
of the various countries. It is possible that the Office is unaware
of certain provisions in the internal rules of departments, since
such rules are rarely published in official gazettes. In any case,
their multiplicity has precluded any attempt at an inclusive
examination. Consequently for countries in which there is
LEGAL POSITION OF WOMEN PROFESSIONAL WORKERS
447
internal diversity of arrangement all that has been attempted
is to give a general picture of the position of women in those
branches of the public service which are the most important
in themselves, or those which are most important for the present
study because they employ the largest numbers of women.
Conspicuous among the latter are the public educational
services, and it is on this account that these services will be
found included in the following summaries, even when not
an integral part of the national civil service.
For many countries the Office has been furnished valuable
information by Government departments themselves or by
members of its Correspondence Committee on Women's Work
who were good enough to supply supplementary information
For information on the position of women in public educational
services, recourse has frequently been had to the excellent
publication of the International Bureau of Education, La
• situation de la femme mariée dans l'enseignement (Publication
No. 29, Geneva, 1933), which contains the findings of an enquiry
• carried out by the Bureau in a large number of countries.
B.—POSITION
OF WOMEN IN THE LIBERAL
PROFESSIONS
The work of women in the professions has raised questions.
in some ways akin to those posed by public employment, since
the liberty to exercise those professions—albeit they go by the
name of liberal—is subject to official control which is often
rigorous.
As these professions are-generally pursued independently,
that is to say without any employer-employee relationship;
the main issue with respect to them is that of the right of entry.
There is, in most places, no question of conditions of employment
unless the profession is exercised in the capacity of a government
• employee (as for instance by a doctor in a public health service),
in which case the women who pursue it belong to the class whose .
situation is discussed in the preceding section. This section
deals with the legal regulation of independent exercise of the
professions.
Legal regulations applying to independent practitioners
•of the so-called liberal professions (doctors in private practice,
lawyers, architects, etc.) are controls maintained in the interest
448
THE LAW AND WOMEN'S WORK
of the public ; they are intended to effect the selection of competent individuals from among the candidates for the profession.
Indirectly they protect those who are admitted from the
competition of the excluded, but they do not deal with the
specific conditions of their working life. The purpose of such
regulations might logically have excluded any consideration.
of sex. It has not always done so and an attempt must therefore
be
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