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The Theory and Policy of Labour Protection

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How would an increase of wage, or even the maintenance (and that a continuous one) of the present rate be conceivable in view of a sudden general reduction of working-time by 20 to 30 per cent.? Only, indeed, either by reduction of profits and interest on the part of the capitalists, corresponding to the increase of wage, or by an increase in the productivity of national industry, resulting from an improvement in technique, and progress in skill and assiduity, or from both together.

Now no one can say exactly what proportion the profits and interest of industrial capitalists bear to the wages of the workmen; if one were to deduct what the mass of small and middle-class employers derive from the work of their assistants (as distinct from what they draw from their capital) the industrial rent – in spite of numbers of enormous incomes – would probably not represent the large sum it is supposed to be. Hence it is very doubtful whether it would be possible to obtain the necessary sum out of profits.

Even if this were possible, it is by no means certain that the wage war between Labour and Capital would succeed in obtaining so great a reduction of industrial profits and interest, still less within any short or even definitely calculated limit of time. Some amount of capital might lie idle, or might pass out of Europe; or again, Capital might conquer to a great extent by means of combination; or it might turn away from its breast the pistol of the maximum working-day by limiting production, i. e. by employing fewer labourers than before. It might induce a rise in the price of commodities, which would diminish “real” wages instead of raising them or of leaving them undiminished.

But even if Capital found it necessary in consequence of the legal enforcement of the eight hours day to employ a larger number of workers, it might draw supplies to meet this expense partly out of the countries which had not adopted the eight hours day, partly out of agricultural industry and forestry, and after half a generation, out of the increase in the working population. Capital would also make every effort to accomplish in a shorter time more than hitherto by exacting closer work and stricter control, and by introducing more and more perfect machinery.

With all these possibilities the eight hours day will not necessarily, suddenly, and in the long run, increase the demand for labour to such a degree that the employer will need to draw upon his interest, profits, and ground rents for a large and general rise of wages, or for the maintenance of the former rate of wage. At least, the contrary is equally possible, and perhaps even highly probable.

Such an increased demand for labour would indeed ensue if the growth of population were to be permanently retarded. But that it should be so retarded is the very last thing to be expected under the conditions supposed, viz. a general increase of “real” wages, which would obviously render it more easy to bring up a family.

Hence the assumption that the eight hours day would lead to an increase of wage, or the maintenance of the present rate of wage at the cost of profits and interest, is not proven; so far from being certain, it is not even probable. Therefore, it cannot serve to justify so violent an interference on the part of the State, as the enforcement of the general legal eight hours’ day on January 1st, 1898. Such an interference would be calculated to bring a terrible disappointment of hopes to the very labourers whom it is intended to benefit.

Just as little can it be justified by the assumption that as much would be produced (hence as high a wage be given) in a shorter working-day, through the improvement of technique, and increased energy in work, as in a working-day of 10 or 12 hours.

The increase in productivity could not be expected with any certainty to be general, uniform, and sudden. The success of the experiment which has been made with the 11 hours day, which prevents such excessive work as is not really productive, cannot be advanced to justify the further assumption that the productivity of labour increases in inverse ratio to the duration of time. The increase of productivity through limiting the duration of work does justify the 10 or 11 hours day of protective policy precisely because the latter evidently stops short at that point beyond which labour begins to be less efficient; we have no grounds for assuming that the same justification exists for the eight hours day demanded in the supposed interests of a wage policy. The increase of productivity through the operation of the eight hours day would be more than ever unlikely if the abolition of “efficiency” wage in favour of exclusive time wage, which is one measure proposed, were to destroy the inducement to compensate for loss of time by more assiduous work, and if a fall in the profits were to curtail industrial activity.

But even supposing it certain, which it clearly is not, that an increase of productivity would take place sufficient to compensate for the shortening of time, it would still be doubtful whether the effect would be felt in a rise or maintenance of the rate of wage, and not rather in a rise in profit and interest. For the steadily increasing use of machinery, which is assigned as one of the reasons why productivity would remain unimpaired in spite of the shortening of hours, and more especially if this should coincide with a rapid increase of population, would actually lessen the demand for labour, and thus would improve the position of Capital in the Labour market. On this second ground also, we are precluded from supposing that the eight hours day would result in an increase of wages.

But if it be granted that the balance would not be restored, either by pressure upon profits and interest or by increased productivity, it then follows that the wages of labour must necessarily fall 20 to 30 per cent. through such a shortening of the working-day. And this, as we have seen, is not at all an unlikely issue.

The absorption of all the unemployed labour force, the industrial “reserve army,” in consequence of the adoption of the eight hours day, is an assumption quite as unproven as the one with which we have been dealing.

This result would not necessarily ensue even in the first generation, since production might be limited, and even if the hopes of increased productivity are not quite vain, it is quite possible that more machinery might be employed without necessarily increasing the number of workmen.

It is still more difficult to determine what in all these respects will be the ultimate effect of the eight hours day. The further increase of the working population – and, ceteris paribus, this would be the most probable result of the expected increase in the rate of wage per hour – may produce fresh supplies of superfluous labour; but the eventual fall of wages consequent on a decrease in the productivity of national work would necessarily increase the industrial “reserve army,” through the diminished consumption and the consequent restriction of production to more or less necessary commodities.

If a diminution of national production were really to result from the adoption of the eight hours day, it would affect precisely the least capable bodies of workers, and those engaged in furnishing luxuries, for the demand for luxuries is the first to fall off; and the less capable workers finally become the worst paid because they are able to accomplish less in eight hours. Hence it follows that the uniform, universal, and national eight hours day would have very different results on the labouring bodies of each nation, and on the competing bodies of labourers in separate industrial districts in the same nation. Hence the very uniformity of the national and international maximum working-day of wage policy is a matter which calls up very grave considerations, which, however, we are not in a position to pursue any further in this book.

Even the complete prohibition of overtime work for the sake of meeting the accumulation of business, neither ensures a higher rate of wage per hour, nor a lasting removal and reduction of the superfluous supplies of labour. The very opposite result may ensue, at least, in all such branches of industry as undergo periodical oscillations of activity and depression, through the fluctuation of the particular demand on which they depend. If the effect on wages of the legal eight hours day is extremely doubtful, and the advisability of the measure more than questionable, we come in conclusion to ask very seriously whether the State is justified in enforcing more than the mere working-day of protective policy.

Without doubt the State ought to direct its social policy towards securing at least a minimum rate of wage compatible with a really human existence, as it does by Labour Insurance, for instance. It is a possible, though an extremely unlikely, case to suppose that it might take practical steps to realize the “proportional” or “fair” wage of Rodbertus (although since the writings of von Thünen, theorists have sought in vain a method of determining this ideal measure), but even so, the practicability of such a course would have first to be demonstrated, and in my opinion this would probably be found to be not demonstrable. But surely it has now been fully shown that it ought not to permit the sudden and general shortening of the working day by 20 to 30 per cent., an experiment the effects of which cannot be foreseen.

The State does not possess this right, either over property or labour. It might affect injuriously the rate of wages of the whole labouring class, or, at least, of such bodies of wage labourers as are employed in the production of such articles as are not actual necessaries of life. The labourer might even have to bear the whole burden, since the rate of wages would suffer by this measure if a fall in national production were brought about without being counterbalanced by a lowering of the rate of profit and interest. The State has to take into consideration those considerable bodies of wage-labourers who (while keeping within the limits of the maximum working-day of protective policy) would rather work longer than earn less, and it will find it hard to justify to them the experiment of the eight hours day of a wage policy; for this would constitute a very serious restriction of individual liberty for many workers, and those not by any means the least industrious or skilful. Still we need not undertake here to work out the matter decisively from this point of view.

 

Will, however, the experiment be forced upon us? Who can deny this positively, in face of the irresistibly advancing democratic tendencies of constitutional right in all countries? If it be forced upon us, it may, and most probably will, end in a great disappointment of the hopes of the Labour world.

It is perfectly clear that the decision of the matter rests with England. If this country does not lead the way, if she hesitates to enforce it in the face of the competition of American, Asiatic, and soon, perhaps, of African labour, the experiment of a general eight hours day for the rest of Western Europe is not to be thought of. But in England it is precisely the aristocratic portion of the labouring classes – the “old trades’ unionists,” the skilled labour – that has not not yet been won over to the side of the legal eight hours day, and it is doubtful whether it will yield to the leaders of unskilled labour: Burns, Tillett, and the rest. At the September Congress at Liverpool, in 1890, the Trade Unionist party brought forward in opposition to the general legal eight hours day, the eight hours optional day fixed by contract, in the motion of Patterson, if I have rightly understood the proposal. The motion was defeated by a majority of only eight (181 to 173).12 If the legal eight hours day is rejected, does that preclude for all time the possibility of shortening the time of labour to less than the 10 or 11 hours factory day at present in force? By no means.

The fundamental error in the general legal working-day as it now stands, lies not in the assumption that it will gradually lead to a further shortening of the working-day, but in the assumption that the legal maximum working-day will bring about suddenly, generally, and uniformly results which in the natural course of economic and social development only the maximum working-day of free contract is calculated to bring about, and this gradually, step by step, tentatively, and by irregular stages; that is to say, that so material a shortening of the maximum working-day cannot possibly be attained to generally by any other means than by the shortening by free contract, here a little and there a little, of the maximum working-day within each industry and each country, and this equally outside as well as within the limits of factory and quasi-factory business. We may at all events be assured that the substitution of the legal eight hours day for the factory working-day of 10 or 11 hours is not the next step to be taken, but rather the further development of the maximum working-day of free contract by means of the continuous wage struggle between the organised forces of Capital and Labour to suit the unequal and varying conditions of place, time, and employment, in the various classes of industry.

There is no objection to be offered to this manner of bringing about the shortening of the working-day. No one has any right or even any fair pretext for opposing it. No one need fear anything from the results of a general working-day introduced by this method, even if it should ultimately develop into the legalised maximum working-day of less than 10 hours.

There is the less reason for fear, as the working classes themselves have the greatest interest in avoiding any step forward which would afterwards have to be retraced; the majority will prefer, within the limits of overwork, additional and more laborious working time with more wages, to additional recreation time and less wages.

Least of all does Capital need to look forward with jealousy and suspicion to this visionary eight hours day which may lie in the lap of the future, but which will have come about, only gradually through a series of reductions by contract of the working-day, each successive rise of wage and each successive shortening of the working-day having been occasioned by a steady improvement in technique, and a healthy increase of population. The sooner some such movement as this of the eight hours day, fixed by contract, ultimately perhaps by legislation, takes a firm hold, the more striking will be the improvement of technique, the more normal will become the growth of population, and the more peaceful and law-abiding will be the social life of the immediate future. Hence, I think we may contemplate the eight hours movement without agitation, and discuss it impartially, provided of course that the Labour Democracy is not permitted to tear down all constitutional limitations upon its sole and undisputed sway.

The most important contribution that this chapter offers to the Theory and Policy of Labour Protection is then to show that the eight hours day of wage policy may be rejected, and may still be rejected, even if the 10 hours day, demanded on purely State protective grounds, is adopted. The foregoing discussion will show conclusively that there is no question of the State pledging itself to Socialism by the purely protective regulation of the working-day.

Even from the standpoint of Social Democracy, the eight hours day as now demanded is not properly speaking a Socialistic demand at all. It may be that some of the leaders of the movement may seek by its means to weaken and undermine the capitalist system of production, but the demand does not in principle deny the right of private property in the means of production. The general eight hours day is an effort to favourably affect wages on the basis of the existing capitalist order. Not only the 11 hours or 10 hours day, but even the eight hours day would be no index of the triumph of Socialism. It may rather be supposed that the leaders of the movement thrust forward the eight hours day in order to be able to conceal their hand a little longer in the promised fundamental alteration of the “system of production.” Therefore, we again repeat, even in face of the proclamation of a general eight hours day made at the “World’s Labour Holiday,” of May 1st, 1890, “There is no occasion to give the alarm!”

4. The maximum working-day and the “normal working-day.”

What we understand by the maximum working-day – limitation (whether on grounds of protective policy or of wage policy) of the maximum amount of labour allowed to be performed within the astronomical day, by confining it within a certain specified number of hours – might also be called, and indeed used more frequently to be called, the “normal working-day.” It is better, however, not to employ this alternative designation. When the word “normal working-day” is used in a special sense, it means something quite different from the maximum working-day; for it is a unit of social measurement by means of which it is supposed that we can estimate all labour performance however varying, both in personal differences and in differences of kind of work, so that we may arrive at a socially normal valuation of labour, and a socially normal scale of valuation of products. It is an artificial common denominator for the regulation of wages and prices which perhaps may be attained under the capitalist system, but which ultimately points to a socialistic commonwealth. The maximum working-day of protective right might exist side by side with the regulation of a “normal working-day,” but it has no essential connection with it.

Hence we might pass by this normal working-day which is wholly unconnected with State protection, but we think it necessary to touch upon it. There still exists a confusion of ideas as to the maximum and “normal” working-days. The meaning of the latter is not formulated and fixed in a generally recognised manner. It is quite conceivable, nay even probable, if the Socialist fermentation among the labouring masses should increase rapidly, that the proposal of a maximum working-day, will take the form of the “normal working-day,” and that in the very worst and wildest development of the idea of normal working-time. This alone affords sufficient reason for our drawing a sharp distinction between the maximum working-day of protective legislation and the “normal working-day,” and above all for clearly defining the meaning of the latter.

This is no easy task for several reasons.

The determination of the meaning of “normal working-day” includes two points: what we mean by fixing a normal, and what we should regard as “socially normal,” i. e. just, fair, proportionate, and so on.

The normal working-day would be a State normalised working-day (as opposed to a restricted working-day) adopted for the purpose of preventing abnormal social and industrial conditions, and as far as possible restoring normal relations. This would be the widest meaning of normal working-day.

The maximum working-days of protective policy, and of wage policy, are, or aim at being, normal working-days in this widest sense. Both are working-days legally normalised for the purpose of obtaining by a development of protective policy, or of protective and wage policy combined, more normal conditions of work. But this does not make it advisable to adopt the alternative designation of normal working-day rather than of maximum working-day. There are several kinds of normal working-days in this wide sense, or at least we can conceive of several; even minimum working-days might be looked upon as normally regulated days. The term might designate the normal working-day demanded on political, social, or educational grounds, perhaps even the maximum working-day which would secure to the worker every day leisure for the non-industrial occupations above mentioned; moreover it might designate a minimum normal working-day – almost indispensable under a communistic government – which would compulsorily fix a daily minimum of labour, and thereby ensure production adequate to the normal requirements of the whole community; another normal working-day, in the widest sense of the term, would be such a maximum working-day under a communistic government, as should aim at preventing the diligent from working more and earning more than others, and thereby destroying equality. None of these normal working-days (in the widest sense) concern us now; the existing social order does not require for its just and fair regulation the introduction of such normal working-days, and the cura posterior of a socialism or communism which as yet possesses no practical programme is not a theoretically fruitful or practically important matter for discussion, at least not within the limits of this book. The normal working-day with which we need to concern ourselves here – and the term is still frequently used in this narrower sense, though not universally – is, as already indicated, that normal day which should serve as a general standard of a socially equitable – normal or more normal (compared to the old capitalist regulations) – valuation of the performances of labour, and of the products of labour, as a means of reducing the various individual performances of labour to proportional parts of a “socially normal” aggregate of the labour of the nation, and as a social measure of the cost of labour products, thereby serving as a means to a “socially normal” regulation of prices.

Rodbertus is the writer who has most clearly sketched for us the idea of such a normal working-day. We shall best understand what is meant by it, by listening to this great economic thinker. Rodbertus sought for a more normal regulation of wages, within the sphere of the existing social order, by the co-operation of capital and wage labour, giving to the wage labourer as to the employer his proportional share in the aggregate result of national production.

 

As a solution of this problem, he lays down a special normal time labour-day and normal work (amount of work) labour-day, by considering which two factors he proposes to arrive at a unit of normal labour which shall serve as a common basis of measurement.

In order to bring about the participation of all workers in the nett result of national production in proportion to their contribution to it – hence without keeping down the better workers to the level of the worst, and without endangering productivity – it is necessary, Rodbertus holds, to reduce to a common denominator the amounts of work performed by individual workers, which vary very considerably both in quantity and quality. By this means he thinks we shall be enabled to establish a fair relation between work and wages. The normal time labour-day is to furnish us with a simple measurement of the product of labour in different occupations or branches of industry; and the normal work labour-day is to give us a common measure of all the varying amounts of work performed in equal labour time by the individual workers.

He points out that astronomically equal working time does not mean, in different industries, an equal out-put of strength during an equal number of hours, nor an equal contribution to society. Therefore the different industrial working-times must be reduced to a mean social working time: the normal time labour-day. If this amounts to 10 hours, 6 hours work underground might equal 12 hours spinning or weaving work. Or, which would be the same, the normal time labour-day would be 6 hours in mining, and 12 hours in textile industries; the hour of mining work would be equal to 1-2/3 hours of normal time, the hour of textile work would be equal to 5/6 hour of normal time. The normal time labour-day would serve to determine periodically the proportionate relations which exist between the degrees of arduousness in labour of different kinds, with a view to bringing about a just distribution of the whole products of labour according to the normal proportional value of its out-put in each kind of employment, in each department of industry, such proportional value being determined by means of the normal time measure. Also it would lead to the fair award of individual wage, for if any one were to work only 3 instead of 6 hours in coal mining, or only 5 hours in weaving or spinning, he would only be credited with and paid for half a day of normal working time.

The normal time day is not however sufficient to establish a just balance between performance of work and payment; for in an hour of the same industrial time value, one individual will work less, another more, one better, another worse. The combined interests of the whole community and the equitable wage relations of the different workers to each other, demand therefore the fixing of the normal performance of labour within a defined working time, in short the fixing of a unit of normal work. Having normalised industry on a time basis, we must now normalise it on a work basis. And this is how Rodbertus proposes to do it: According as the normal time labour-day has been fixed in any trade at 6, 8, 10, or 12 hours (in proportion to the arduousness of the work, etc.), the normal amount of work of such a day must also be fixed for that trade, i. e. the amount of work must be determined which an average workman, with average skill and industry, would be able to accomplish in his trade during such a normal time labour-day. This amount of work shall represent in any trade the normal amount of work of a normal time labour-day, and therewith shall constitute in any trade the normal work labour-day, which would be equal to what any workman must accomplish within the normal time labour-day of his trade, before he can be credited with and paid for a full day, that is, a normal work labour-day. Hence if a workman had accomplished in a full normal time labour-day, either one and a half times the amount, or only half the amount of normal work, he would e. g. in the six hours mining day, for six hours work, be credited with a day and a half, or half a day respectively of normal work time; whilst in spinning and weaving, on the other hand, he would in the same way, for 12 hours work, be credited with one and a half or a half-day respectively of normal work time.

In this way Rodbertus claims to be able to establish a fair measure and standard of comparison for labour times, not merely between the various kinds of trades and departments of industry, but also between the various degrees of individual efficiency. Each wage labourer would be able to participate proportionately in that portion of the national product which should be assigned to wage-labour as a whole. If therefore this portion were to be increased in a manner to which we shall presently refer, there would also be a rise in the share of the individual workers, in proportion to the rise in the nett result of national production. This scheme would form the groundwork of an individually just social wage system, a system by which the better workman would also be better paid, which would therefore balance the rights and interests of the workers among themselves, which moreover would ensure the productivity of national labour by variously rewarding the good and bad workers, thus recognising the rights and interests of the whole community, and lastly, which would continuously raise the labour-wage in proportion to the increase in national productivity (and also to the increasing returns of capital, whether fixed or moveable, applied to production).

I may here point out, however, that with all this we should not have arrived at an absolutely just system of remuneration of wage labour, unless we introduced a more complete social valuation of products in the form of normal labour pay instead of metal coinage.

But Rodbertus wishes to see his “normal work labour-day” – equal to 10 normal work hours – established as a universal measure of product value as well as of the value of labour: “Beyond and above what we have yet laid down the most important point of all remains to be established; the normal work labour-day must be taken as the unit of work time or normal time, and according to such work time or normal time (according to labour so computed) we must not only normalise the value of the product in each industry, but must also determine the wages in each kind of work.”

He claims that the one is as practicable as the other. First, with regard to regulating the value of product according to work time or normal work. In order to do this the “normal work labour-day” – which in any trade equals one day (in the various trades it may consist of a varying number of normal time hours), and which represents a quantity of product equal to a normal day’s work – this normal work day must be looked upon as the unit of work time or normal work, and in all trades it must be divided into an equal number (10) of work hours. The product in all trades will then be measured according to such work time. A quantity of product which should equal a full normal day’s work, whether it be the product of half a normal time labour-day, or of two normal time labour-days, would represent or be worth one work day (10 work hours); a quantity of product which should equal half a normal day’s work, whether it be the product of a normal work time or not, would represent or be worth half a day’s work or five work hours.

The product of a work hour in any trade would therefore, according to this measure, equal the product of a work hour in all other trades; or generally expressed: Products of equal work times are equal in value. Such is approximately the scheme of Rodbertus.

A really normal labour-day – normal time and normal work labour-day – would be necessary in any regulated social system that sought on the one hand, in the matter of distribution of wages, to balance equally “the rights and interests of the workers amongst themselves”; and on the other hand, in the matter of productivity, to balance equally the “rights and interests of the workers with those of the whole community,” by means of State intervention. It would therefore be necessary not merely in a State regulated capitalist society, with private property in the means of production, as Rodbertus proposed to carry it out under a strongly monarchical system, but also and specially would it be necessary under a democratic Socialism, if, true to its principles as opposed to Communism, it aimed at rewarding each man proportionately to his performance, instead of allowing each man to work no more than he likes, and enjoy as much as he can, which is the communistic method.

12The motion of Patterson runs thus: “That, in the opinion of this Congress, it is of the utmost importance that an eight hours day should be secured at once by such trades as may desire it, or for whom it may be made to apply, without injury to the workmen employed in such trades; further, it considers that to relegate this important question to the Imperial Parliament, which is necessarily, from its position, antagonistic to the rights of labour, will only indefinitely delay this much-needed reform.”