Proposals as deliberated upon by the Labour Commission
Section One: Pertaining to the Employment and Labour of Children
I. The employment of children under the age of twelve [12] years is forbidden.
II. The employment of children between the ages of twelve [12] and fifteen [15] shall be:
a. Forbidden in mills, factories, mines, quarries, mining industry or other forms of employment where hard or skilled labour is necessary or hazardous labour conditions are present.
b. Employed no more than eight [8] hours per day after 1st January, 1868.
c. Employed no longer at night, that is between the hours of 6 p.m. and 6 a.m., or Sunday.
III. All children in employment between the ages of fifteen [15] and eighteen [18] shall be:
a. Employed no more than eight [8] hours per day after 1st January, 1868.
b. Employed no longer at night, that is between the hours of 6 p.m. and 6 a.m., or Sunday.
c. Forbidden to be employed in mines, quarries, mining industry, the cleaning of moving machinery or any other forms of employment where skilled labour is necessary or hazardous labour conditions are present.
IV. The age of children in employment is to be verified by an approved surgeon.
V. All children not in employment are to receive an education, and shall be required to complete primary education, and a secondary education up to the level of the collège.
Section Two: Pertaining to the Employment and Labour of Women
I. All women in employment shall be:
a. Employed no more than eight [8] hours per day after 1st January, 1868.
b. Employed no longer at night, that is between the hours of 6 p.m. and 6 a.m., or Sunday.
c. Forbidden to be employed in mines, quarries, mining industry, the cleaning of moving machinery or any other forms of employment where skilled labour is necessary or hazardous labour conditions are present.
II. All women in employment, upon their marriage, shall be released from their contractual work obligations, unless explicitly approved by the local Chair of the Labour Inspection, and given six [6] fr. upon release of contract.
Section Three: Pertaining to the General Conditions of Labour and Employment
I. All persons in employment shall be:
a. Employed no more than ten [10] hours per day after 1st January, 1868, if his daily employment is not regulated by Section One, Article IIb, Article IIIa, Section Two Article Ia or Section Three Article IIa.
b. Allowed ninety [90] minutes for meal breaks.
1. Meal breaks must take place at a reserved location within the work premises, as approved by an inspector.
II. All persons in employment in mines and quarries shall be:
a. Employed no more than eight [8] hours per day after 1st January, 1868.
b. Employed no longer at night, that is between the hours of 6 p.m. and 6 a.m., or Sunday.
III. All persons in employment shall enjoy the right of positive association pertaining to the occupation or place where these persons are employed.
IV. Whoever, by means of violence or assault, organized or attempted to organize the destruction of the free exercise of industry can be punished with imprisonment between six [6] days to three [3] years and a fine of sixteen [16] fr. to three-thousand [3,000] fr., or only one of these two penalties.
V. Time keeping in workplaces is to be made by public clock, approved by a labour inspector.
Section Four: Pertaining to General Safety Concerns
I. Every fly-wheel directly connected with the steam engine or water-wheel or other mechanical power, whether in the engine-house or not, and every part of a steam engine and water-wheel, and every hoist or teagle, near to which persons are liable to pass or are to be employed, and all parts of the mill-gearing included in a factory or hazardous workplace, including power shafts, are to be securely fenced.
II. Employers shall be responsible for cleaning of the work premises at least every eight [8] months, furthermore, employers shall be responsible for the risque professionnel on the work premise.
III. Thorough records regarding compliance with this Act must be maintained, and are to be made available to inspectors upon request.
III. Industrial Accidents must be reported to an approved surgeon and investigated by the Inspection du Travail.
IV. An abstract of this Act must be hung up in the workplace so as to be easily read, and must as a minimum show: the names and addresses of the inspector and sub-inspector of the commune; the certifying surgeon; the times for beginning and ending work; the amount of time and time of day for meals, and the location where meals are to be taken.
Section Five: Pertaining to Insurances against the Maladies of Labour
I. Insurance against Sickness:
a. All persons in wage employment shall be insured against sickness.
b. All persons in wage employment shall contribute to the fund thirty [3o] centimes a week; all employers shall contribute thirty [30] centimes a week per person in their employ.
c. All persons in wage employment, upon being declared too sick to work by a certified health officer, will be paid ten [10] francs a week for the first ten [10] weeks of sick leave and five [5] francs a week for the next ten [10] weeks.
d. The sickness of persons claiming sick leave must be certified at least once every week by a certified health officer.
e. The insurance shall be mandatory after 1st January 1869.
II. Insurance against Disability and Old Age
a. All persons in industrial and mining wage employment shall be insured against disability through industrial accidents and old age.
b. All persons in wage employment shall contribute to the fund thirty [3o] centimes a week; the government shall contribute twenty [20] centimes a week.
c. All persons in wage employment, upon reaching the age of seventy [70] or being declared disabled by a certified health officer, will receive five [5] fr. a week.
d. The insurance shall be mandatory after 1st January 1871.
III. Insurance against Unemployment:
a. All persons in wage employment in highly cyclical industries shall be insured against disability through industrial accidents. These highly cyclical industries are:
1. Building Trades
2. Mechanical Engineering
3. Foundries
4. Dockyards
5. Sawmills
b. All persons in such wage employment shall contribute to the fund twenty [20] centimes a week; all employers shall contribute twenty [2o] centimes a week per person in their employ; the government shall contribute twenty [20] centimes a week.
c. All persons in such wage employment, upon being laid off through no fault of their own, will be eligible for seven [7] francs a week of financial support for a maximum of fifteen [15] weeks in a period of two [2] years.
d. The insurance shall be mandatory after 1st January 1873.
Section Six: Pertaining to the Employ of Insurance Capital for Utility and Workers’ Elevation
I. The Caisse d’epargne des Travailleurs (Workers’ Savings Bank, henceforth referred to as the Caisse) shall administer and control the capital under the Insurances against the Maladies of Labour.
II. The Caisse shall be established in pre-existing offices of the Utility Workmen Service and, where the aforementioned lack, Post Service.
III. Each communal Caisse is owned for its members and works for their financial success and communal development. The Caisse seeks the elevation of the working class.
IV. Each member of the Caisse has one share and one vote.
IV. Individuals and Organizations in the region wherein the local Caisse was established, henceforth referred to local individuals and organizations, are permitted to open a deposit account.
V. Yearly interest is added to each deposit account, paid out of profits from the communal Causse, at rates set by the communal Caisse in conjunction with the National Credit Union Communission
VI. Local individuals and organizations are permitted to open an investment account at their Caisse.
VII. Local individuals and organisations are permitted to apply for a loan at their Caisse
VIII. Caisses are to provide loan structures that meet the needs of applicants while minimizing risks and working for the financial success of its members and communal development.
IX. Caisses are to create investment vehicles to meet demands of the locality and its members; which can be achieved by, among other things, the following:
a. Caisses may source investment vehicles from private banks approved by the National Credit Union Commission.
b. Caisses are encouraged to work together with other Caisses to create investment vehicles.
c. Caisses may work with private banks approved by the National Credit Union Commission.
d. Caisses are encouraged to work alongside together with other Caisses to create larger loans when beneficial.
Section Seven: Pertaining to the Employment in the Utility Workman’s Service
I. The Utility Workmen Service shall employ local excess labour to carry out necessary work.
II. Utility Workmen may be requisitioned by the Ministry of War for military supply and logistic purposes or the Ministry of the Interior to be used for the purpose of repairing, expanding, refurbishing et c. bridges, railroads, roads, docks, windmills, watermills, granaries, canals, government buildings, and bakeries in those regions, departments, and communes of France in which they are deemed necessary.
III. The Ministries of War and the Interior will reimburse the Utility Workmen for the requisitioning of labour, and funds will be made available to that end for both Ministries.
IV. All Utility Workmen must be resident in the Department in which the work is taking place at the time that such works begin.
V. The Utility Workmen weekly wage is to be set at eight [8] fr., twenty [20] centimes.
VI. The Utility Workmen are to be awarded, if they have completed all six [6] workdays of the week adequate and admirably completed their tasks, a further one [1] fr., sixty-four [64] centimes in an account at the communal Caisse d'Épargne de Travailleurs, which can be withdrawn after three weeks, but can be immediately used as a guarantee for loans.
Section Eight: Pertaining to the Labour Exchange, Improvement and Inspection
I. Every commune with seven-thousand-and-five-hundred [7,500] inhabitants or more shall establish a Bourse du Travail no longer than eight months after this bill passes into law.
II. The Bourses du Travail shall be established in pre-existing offices of the Utility Workmen Service and, where the aforementioned lack, Post Service.
III. Bourse du Travail shall house, at the least, the following institutions:
a. Bureau de Placement
b. Inspection du Travail
c. Bureau d'Élévation de Travailleurs
IV. The Bureau de Placement will be responsible for matching labour-supply to labour-demand, through the keeping of unemployment and employment demand registries.
V. The Inspection du Travail shall be responsible for the application of the Labour Code in its respective locality.
VI. The Inspection du Travail is empowered to investigate and report on all labour conditions in its locality and deliver reasonable punishment for infractions against the Labour Code.
VII. The Inspection du Travail shall be empowered to appoint such employees as is deemed necessary for the prosecution of its duties, including a surveyor, a clerk, a treasurer, an officer of health, who is to be a qualified physician, and inspectors, who is to be empowered to investigate, and take action against, interactions.
VIII. The Inspection du Travail may not be obstructed by organizations or individuals in the carrying out of its duties, be it receiving reports, inspecting labour and taking actions upon infraction of the Labour Code.
IX. So as to oversee the implementation and good work of the clauses and articles of this Code, the Inspection nationale du Travail is hereby constituted, falling within the Ministry of the Interior. The National Inspection shall be presided over by an Inspector-General, who shall be answerable to and appointed by the President upon advice of the National Assembly. The Inspector-General shall be assisted in his duties by as many Junior Inspectors as is deemed necessary for the proper execution of the duties of the National Inspection.
X. The National Inspection is henceforth empowered to assist in and assure the Inspection du Travail are successful in the ultimate execution of this Code and its clauses.
XI. The Bureau d’Élévation de Travailleurs shall, to those Utility Workmen not being utilized for productive labour and other such productive members in society lacking necessary skills, offer facilities, either at the Bourse or through cooperation with other institutions, of education, self-enlightenment and learning ranging from fundamental bases of republican citizenship, literacy, to more advanced skills necessary to provide access to productive employment and membership of society.
X. The Local Commission of Agriculture shall, in communes lacking a Bourse du Travail, act as a Bourse du Travail through the Registre Agricole de France, which shall be expanded to include the employment status and labour conditions on the agricultural estates, communities and fields.
Section Nine: Pertaining to the Registration and Maintenance of Adequate Wages
I. Local wage boards shall be established for sweated trades, which are the following:
a. Chain-making
b. Ready-made tailoring,
c. Paper-box making
d. Machine-made lace and finishing trading
II. Other trades may be included upon suggestion of the Ministry of the Interior by the National Assembly
III. Members of wage boards will be appointed by the Ministry of the Interior, and include, in parity, proprietors and workers in these trades. The Chairman of the Wage Board shall be an official of the Ministry of the Interior.
IV. The Wage Board shall give notice of a proposed minimum rate in its respective sweated trade in no less than six [6] months after its first meeting.
V. Any objections to the proposed rate raised within three [3] months after the Wage Board’s notice shall be formally investigated, after which it shall be rejected or sustained.
VI. If the proposed minimum rate is affirmed after the objection period, it shall remain valid in the locality until another proposed minimum rate is affirmed.
VII. Employers have to pay wages not less than the minimum unless there is a written agreement under which the worker agrees to accept less. If less than the minimum is paid and there is no such written agreement, wages at the minimum rate can be recovered from the employer as a debt; the employer is not liable to be fined.
VIII. No employer shall receive a contract from a government department or local authority unless he has given notice to the trade board that he is willing to be bound by the rate fixed and to be liable for the fine for underpayment as if the rate had been obligatory.
Section Ten: Pertaining to provisions of the codes, laws and regulations contrary to this Code
I. All provisions of the codes, laws and regulations now in force, and which are in contradiction with the present Labour Code, shall hereby be repealed.
II. The provisions of the codes, laws and regulations affected by the present Labour Code, include but are not limited to:
a. Article 144 of the Code Pènal, which is hereby repealed.
b. Articles 414, 415, 416, 417, 418, 419, 420 and 421 of the Code Pènal, which shall be revised accordingly.
c. Article 1781 of the Code Civil, which is hereby repealed.
d. The Law on the Safety of Mills and Factories, 1857, which is hereby superseded.
e. The Law on Mining, 1810, which is hereby superseded.