38

MINIMUM WAGE LEGISLATION IN VARIOUS COUNTRIES

tion.*&gt; For the definite fixation of wages a two-thirds majority of
the representatives, plus the vote of the chairman and one assessor, is
required. If there is only a simple majority, the decree must be confirmed
 by the State authority (par. 84). Piece rates are to be fixed
whenever possible (art. 29). As to the enforcement of the rates, the
German law takes a middle course between the provision in the
Anglo-Saxon laws that employers not paying the rates fixed are
liable to be fined and the provision of the French laws leaving the
whole matter to civil suits. In Germany the trade board is called
upon to require the employer to pay the rate fixed, and if the employer
 fails to do so within a fortnight, a fine is imposed (par. 87).
Principle of Wage Fixation

N O specific instructions are given to the boards as to the principle
: to be used in wage fixation (paragraph 20 of the law refers to
“inadequate wages” paid in the district as a condition for fixation
vf minimum wages but does not define what wages are inadequate”).
 As the law has for its object the abolition of the sweating
of home workers, the upper limit seems to be equalization of earnings
with the average earnings of shop workers. The scope of the law is
therefore similar to that in France, with important differences:
(1) Men as well as women are protected; (2) the boards are not
restricted to the application of formalistic rules; (8) payment of
minimum wages is as a last resort enforced by fines; (4) representatives
 of the interested parties decide the amount to be set up as
minimum wages.
In practice bargaining has been the cornerstone of wage fixation.
Trade-unions have played a decided role in that respect.’ The
workers’ representatives obviously start with their conception of a
living wage and their conception of fairness (comparison with wages
paid in shops). The employers’ representatives naturally start with
the view of what the trade can bear. Even the home workers themselves
 take that point into consideration, being afraid to lose their
jobs otherwise.” All the three main principles of wage fixation
(somewhat similar to the practice of the boards under the British
irade boards act of 1909) enter into the act in Germany; the final
Jeterminations are based on a compromise between the parties.

Application of the Law

[FLABORATE rules have been issued by the Imperial and the
State authorities to enforce strict and methodical execution of
the law.%2
In an inquiry undertaken by the Ministry of Labor in 1926 to
ascertain the practical accomplishments, it was found that in Prussia.
 and, to a large extent, in Bavaria and several other States, a
* Somewhat similar to the wage act of South Africa, which excludes workers having
roluntary agreements under the industrial conciliation act of that country from the
ixation of minimum wages.
Nn Letter from the Bureau fiir Sozialpolitik, Berlin, dated June 9, 1927.
® Reichsarbeitsblatt, Berlin, Dec. 9, 1926, p. 819: Durchfiihrung des Heimarbeiterlohngesetzes.

Fas Blsners Betriebs-Buecherei, 20. Band. Das Hausarbeitgesetz, by Wilhelm Rohde,
president of the trade board for manufacture of underwear in Berlin.