CHAPTER XI

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THE EMPLOYMENT OF WOMEN AND YOUNG PERSONS

THE legislation as to women and young persons is entirely contained in specific Acts relating to factories, mines, and shops, and there is no general legislation on their behalf such as is contained in the Employment of Children Act, 1903 (see p. 137). It is convenient to take women and young persons together, as a considerable proportion of the regulations as to the two classes is identical.

Hours of Employment under the Factory Act.-The Factory and Workshop Act, 1901, deals with four classes of works for the purpose of fixing hours of labour, viz.— (1) Textile factories (Section 24).

(2) Print works and bleaching and dyeing works (Section 28).

(3) Non-textile factories and workshops (Section 26). (4) Women's workshops (Section 29).

These terms are defined in Chapter IX.

On the whole it seems simplest to show the chief regulations in the form of the table which is given on the opposite page.

Provision for an 8-hours Day.-Under Section 30 in a non-textile factory or workshop where a woman or young person is not actually employed for more than 8 hours on any day in a week, and notice of such non-employment has been affixed in the factory or workshop and served on the inspector, the period of employment on Saturday may

1 As a matter of convenience, male shop-assistants under the Shops Act, 1912, are included in this chapter.

TABLE SHOWING THE HOURS OF EMPLOYMENT UNDER THE FACTORY AND WORKSHOP ACT, 1901

55

55

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also be 8 hours between 6 A.M. and 4 P.M., with an interval of not less than 2 hours for meals.

Employment Inside and Outside a Factory or Workshop. -Under Section 31 a woman or young person must not, except during the period of employment, be employed in the business of a factory or workshop outside the factory or workshop on any day during which the woman or young person is employed in the factory or workshop both before and after the dinner-hour.

Thus, if a woman works in a factory in the morning and part of the afternoon, and her working day is from 6 A.M. to 6 P.M., then her work outside the factory must cease at 6 P.M.

If a woman or young person is employed by the occupier of a factory or workshop on the same day both in the factory or workshop and in a shop, then the whole time during which that woman or young person is employed shall not exceed the number of hours permitted by the Act for her or his employment in the factory or workshop.

Thus, a woman who starts work in the factory or workshop at 6 A.M. may, subject as above, be kept at work in the shop, say, till 8 P.M. if she has a 2-hours-longer interval during the day. For the corresponding provision in the Shops Act, 1912, see p. 165 below.

If the employer keeps a woman or young person at work in the shop beyond the factory or workshop hours he must make the prescribed entry in the general register with regard to her or his employment.

Notices as to Hours of Employment, etc. - Under Section 32 the occupier of every factory and workshop may fix, within the limits allowed by the Act,

(a) The period of employment and
(b) The time allowed for meals,

and this period and time, when fixed, must be specified in a notice affixed in the factory or workshop. A change shall not be made until the occupier has served on an inspector, and affixed in the factory or workshop notice of his intention to make the change, and shall not, in general, be made oftener than once a quarter.

An inspector of factories may, by notice in writing, name a public clock by which the period of employment and the times allowed for meals shall be regulated.

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Simultaneous Meal-times. Under Section 33 the following regulations, with certain exceptions, must be observed in a factory or workshop :

(1) All women, young persons, and children employed therein shall have the times allowed for meals at the same hour of the day.

(2) A woman, young person, or child shall not, during any part of the times allowed for meals in the factory or workshop, be employed in the factory or workshop, or be allowed to remain in a room in which a manufacturing process or handicraft is then being carried on.

The exceptions are contained partly in Section 40 of the Act and partly in ten Special Orders, made in pursuance of powers contained in that section. The section and the Orders will be found in full in Appendix VI. (b).

Sundays and Holidays.-Under Sections 34 and 35 women, young persons, and children must not be employed on Sundays. They must also be allowed in England the following whole holidays, viz. Christmas day, Good Friday, and every Bank Holiday, unless in lieu of any of those days another whole holiday (or two half-holidays), fixed by the occupier and notified to the inspector, is allowed. For instance, Easter Tuesday is often substituted for Good Friday. The provisions for Scotland and Ireland follow local customs.

Period of Work, 9 a.m. to 9 p.m.-Under Section 36 a Secretary of State may, by Special Order, permit the working day to be from 9 A.M. to 9 P.M. (except on Saturday) in any class of non-textile factories or workshops when the customs or exigencies of the trade require it, and the permission can be granted without injury to the health of the women, young persons, and children affected by it. But the children employed in the afternoon set must finish work at 8 P.M.

Only one Order under this section is in operation, and it is very strictly limited, as it applies only to what may be called the London area, and to two trades, viz. letterpress

bookbinding carried on in factories, and laundries. It is set out in Appendix VI. (c).

Males over 14 Years of Age.-Legislation shows some hesitation as to whether 16 or 18 years of age is the best line of demarcation between youth and manhood or womanhood. In the case of mines, 'boys' and 'girls' pass into the adult class generally at 16. Under the Shops Act, 1912, persons under the age of 18 years are young persons.

As we have seen, under the Factory Act, young persons remain such until 18, and in the case of girls there are no exceptions, except that certificates of fitness are not required after 16. In the case of boys there are several enactments treating them in an exceptional way after 16 years of age, and in one or two cases even after 14 years of age.

Thus, under Section 37, in lace factories boys between 16 and 18 years of age may be employed between 4 A.M. and IO P.M. if they do not do more than 9 hours work, and have proper intervals for sleep and rest.

So, under Section 38, in bakehouses the same class of boys may be employed between 5 A.M. and 9 P.M. if they do not do more than 7 hours work and have proper intervals for sleep and rest.

Those two sections will be found in Appendix VI. (d). Again, under Section 56, in a factory or workshop in which the process of printing newspapers is carried on on not more than two nights in the week, a boy between the ages of 16 years and 18 years may be employed at night during not more than two nights in a week, as if he were no longer a young person. But he must not be employed more than 12 hours in any consecutive period of 24 hours.

Under Sections 54 and 55 boys between the ages of 14 and 18, or between the ages of 16 and 18, are allowed to do night work in certain industries and upon certain conditions. These sections and certain extensions of Section 54 made by Special Orders will be found in Appendix VI. (e).

Exceptional Rules for Special Industries. — Under Sections 41 and 42 special provision is made for women and young persons engaged in fish- and fruit-preserving and

creameries.