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Role of factory inspection in implementation of the labor law of Russia at the end of the 19th Century.



UDK 947.081

The ROLE of FACTORY INSPECTION IN IMPLEMENTATION of the LABOUR LAW of RUSSIA at the end of the 19th V.

Vladimir

humanitarian

university

e-mail: sergynglaz@mail.ru

S.R. Glazunov

Article is devoted to the analysis of activity of factory inspection in the sphere of implementation of the labor law in Russia at the end of the 19th century. On the basis of materials of official office-work of the Ministry of Finance founded in a system in 1882 of body of supervision of performance of the factory legislation — factory inspection — daily work of factory inspectors is reconstructed, the role of inspection in settlement of the relations between workers and businessmen is defined. Being one of links of implementation of laws on industrial work, this then new state institute was urged to provide, mainly, development of large-scale industry and to weaken the negative consequences of process of industrialization in Russia connected with the relations of businessmen and workers.

The labor law in Russia appeared together with the factory inspection created in 1882 at the Ministry of Finance. As well as in other countries (England, France, Prussia) its emergence was connected with the law on restriction of application and on labor protection of juvenile workers which it had to provide. In four years of "The rule about supervision of institutions of the factory industry and about the mutual relations of manufacturers and workers" published under the law of June 3, 1886 1 assigned to factory inspectors moreover and obligations for "supervision of observance at factories and the plants of due improvement and an order". From this point and further factory inspection becomes an important link in the mechanism of implementation of the labor law.

The historiography of the labor law in Russia has rich traditsiyu2, however the problem of its realization was not a subject of a special research. In the master's thesis of 2006 A.Yu. Volodin the analysis of institutional evolution of factory inspection, its functional activity till 1914, the official and professional list of factory inspectors was given. The author lit intermediary activity of factory inspection, having introduced for scientific use dynamics of "the plaintive movement", proved a role of inspection as state mechanism of legal regulation of relationship of workers and predprini-mateley3. However activity of factory inspectorate for implementation of the labor law demands further development and a comprehensive investigation. Mezh1Polnoe collection of laws of the Russian Empire. The 3rd meeting. T. VI. SPb., 1888 (further — PSZ-III. T. VI). No. 3769.

2 V.P. Litvinov-Falinsky. The factory legislation and factory inspection in Russia. SPb., 1904; Mikulin AA. Factory inspection in Russia. 1882-1906. Kiev, 1906; M.G. Lunts. From the history of the factory legislation, factory inspection and labor movement in Russia. Sb. metro station, 1909. S.I. capon. Labor protection and its bodies. the 2nd prod. M, 1922; I.I. Shelymagin. The factory labor law in Russia (the 2nd floor. 19th century). M, 1947; A.F. Vovchik. Policy of a tsarism on a working question during the prerevolutionary period (1985-1904). Lviv, 1964; V.Ya. Laverychev. A tsarism and a working question in Russia (1861 - 1917). M, 1972; L.E. Shepelev. A tsarism and the bourgeoisie in the second half of the 19th century. Problems of commerce and industry policy. L., 1981, etc.
3 A.Yu. Volodin. Factory inspection in Russia (1882-1914): public institution, staff, intermediary activity. Yew.... edging. east. sciences. M, 2006.

du of subjects, the analysis of activity of factory inspectors on places on application of new labor laws based on use of the legislation, materials of official office-work and reports of factory inspectors allows to slightly open a veil of "mechanism" of carrying out factory reform in Russia.

Before publication of reports of the first factory inspectors of the doctor P.A. Peskov and professor of the Moscow university I.I. Yanzhula the central power was a little familiar with position of factory workers. The data on factories and the plants and the workers occupied on them collected by them presented not only it, but also general public a sad picture of difficult factory life of the Russian workers at the enterprises in the central provinces of Russia. So, at factories and the plants of the Moscow and Vladimir provinces duration of the working day on average was 12, and almost often and more hours. The mutual rights and duties of workers and manufacturers were extremely uncertain, the salary — is much lower, than in Europe4.

Under the law on June 1, 1882. "About the juveniles working at the plants, factories and manufactories" 5 on factory inspektorov6 a number of duties was assigned: to control compliance with law about use of "unripe labor" in industrial production. He obliged them to monitor providing receiving primary education by manufacturers of an opportunity by juvenile workers, to make protocols on violations of the law given above and to forward them in judicial authorities, to represent charge in court against violators of provisions of the new law. Owners, managers or managing directors of industrial institutions, guilty of violation of this law, could be subjected to prison arrest up to one month or to monetary collecting up to 100 rub 7 More detailed instructions concerning duties and an operations procedure of inspectors were defined "By the instruction to ranks of inspectorate for supervision of performance of resolutions on the juveniles working at the plants factories and manufactories" 8, the approved Minister of Finance in two years — December 19, 1884. Factory inspectors received "open sheets" on the basis of which they had the right freely at any time to pass on the territory of factories and plants of the districts entrusted to them for identification of violations of the factory legislation.

However during the first visits on factories and the plants of the inspector could not begin punishment of violators of the proclaimed law. Whether exact execution would mean it to put on a dock slightly all owners of industrial institutions in the provinces stated above. It was necessary to be limited to "preventions". Only during repeated visits of the inspector began to attract "to the answer" responsible for offenses, but also in this case punitive measures were taken extremely seldom. So, the factory inspector of the Vladimir district P.A. Peskov for 1885 made only one protocol in Shuya at weaving mill Kaluga at its repeated visit on November 7, 1885 9 I.I. Yanzhul, the inspector of the Moscow factory district, brought this year to court of only two businessmen: the owner of match factory of successors Zakharov in the Klin County and the owner of the plant of mineral waters and the Russian champagne

4 PAS sands. Factory life of the Vladimir province. SPb., 1884; I.I. Yanzhul. Factory life of the Moscow province. SPb., 1884.
5 Complete collection of laws of the Russian Empire. The 3rd meeting. T. II. SPb., 1886. No. 931.
6 Under the law five were created on June 1, 1882, but in practice only three positions of factory inspectors who submitted to the chief factory inspector and were under authority of the Ministry of Finance on Department of trade and manufactories are entered.
7 PSZ-1II. T. IV. No. 2286.
8 A.I. Kobelyatsky. The full collection of legalizations about hiring of workers for factories, the plants and manufactories; about the mutual relations of manufacturers and workers; about factory inspection and about supervision of institutions of the factory industry. SPb., 1898. Page 63-78.
9 PAS sands. III. Vladimir factory district. The report for 1885 of the factory inspector of the Vladimir district Dr. Peskov. SPb., 1886. Page 59.

N.P. Lanina in Moskve10. In only 58 provinces of the European Russia for 1885 only 23 protocols which recorded violation of the law were made. In 19 cases the penalty at the rate from 10 to 100 rub was imposed on guilty persons, in three cases on court responsible for performance of the law were arrested for two weeks and for one month; in one case the magistrate's court took out justificatory prigovor11.

Meanwhile, still on June 12, 1884 g12. the law "About School Training of the Juveniles Working at the Plants, Factories and Manufactories about Duration of Their Work and about Factory Inspection" was adopted. For the purpose of supervision of work and training of juvenile workers the law founded 9 factory districts with one inspector and one assistant in everyone and concerned in total the enterprises in 58 provinces of the European Russia.

At the initial stage of the activity the factory inspectors, despite insignificant results of "retaliatory practice", did important preparatory and fact-finding work at factories and the plants, explaining to manufacturers importance of application of the law in their interests. Summing up the results of activity of factory inspection for 1885, the chief inspector of the Ministry of Finance Ya.T. Mikhaylovsky noted in the report that the law on June 1, 1882 "well affected 26 thousand juvenile workers", significantly having improved conditions of their work: "children became more vigorous, them is fresher than the person, go to work more willingly and work more diligently" 13.

The factory inspector within the competence provided to him had sufficient rights on implementation of the labor law. He became an outstanding figure at factory, brought the new beginnings in the relations of workers and businessmen. Its situation was even more approved after emergence of the new law on June 3, 1886 governing the mutual relations of manufacturers and workers which expanded functions of factory inspection; its staff was increased. This law "About Supervision of Institutions of the Factory Industry and about the Mutual Relations of Manufacturers and Workers and about Increase in Number of Ranks of Factory Inspection" 14 opened a new era in relationship of workers and businessmen. Its importance admitted at the time contemporaries and publitsistami15. The idea was introduced that this law is similar February 19, 1861 for peasants, for workers put an end to a master's arbitrariness at factories and the plants. In the first part of the law the rights and obligations of the parties were established at execution of an employment agreement or, i.e. contracts on hiring between workers and businessmen. The second part of the law entitled — "Rules about supervision of institutions of the factory industry and about the mutual relations of manufacturers and workers", contained requirements to its execution and defined carrying out order in life of new situation which extended originally to three provinces: St. Petersburg, Moscow and Vladimir.

The law again expanded on July 3, 1886 duties of factory inspectors, having assigned to them a number of absolutely new functions: controlling — on observation of performance of new provisions of the law; conciliatory (on official terminology, and on the merits of the case, sudebnuyu16) — on consideration of complaints and

10 I.I. Yanzhul. From memoirs and correspondence of the factory inspector of the first appeal. SPb., 1907. Page 86-87.
11 {Ya.T. Mikhaylovsky. } About activity of factory inspection. The report for 1885 of the chief factory inspector. SPb., 1886. Page 74.
12 PSZ-III. T. IV. No. 2316.
13 {Ya.T. Mikhaylovsky. } About activity of factory inspection. Page 96.
14 PSZ-III. T. VI. No. 3769.
15 See: V. Litvinov-Falinsky. The factory legislation and factory inspection in Russia. SPb., 1904. Page 100; A.A. Mikulin. Factory inspection in Russia. 1882-1906. Kiev, 1906. Page 11; Tougan-Baranovsky M.I. Favourites. The Russian factory in the past and the present. Historical development of the Russian factory in the 19th century. M, 1997. Page 399; S.I. Capon. Labor protection and its bodies. the 2nd prod. M, 1922. Page 53.
16 Under the law the factory inspectors did not possess judicial functions, but at analysis of complaints tried to reconcile the parties by an example of magistrates.

to taking measures to prevention of disputes and misunderstanding between owners and workers; administrative — on drawing up protocols on violations of "Rules of supervision" which were transferred to presence, provincial on factory affairs, to magistrate's or district court on accessory; and administrative — on consideration and the statement of dachshunds, sheets, schedules and regulations at factories and the plants. For violation of articles of this law the manufacturers were punished by a penalty up to 300 rub, and managers of factory or plant were exposed to arrest up to three months and the rights to manage industrial zavedeniyem17 could be deprived.

With expansion of the sphere of control the chief factory inspector dispatched new developed programmu18 on which factory inspectors had to examine industrial institutions and make reports on the work. Usual survey had to begin with a round of factory for the purpose of identification of possible violations of the law and inquiries about them of the workers evading under fear to lose work from the direct answer or the abuses telling "stock phrases" about absence which detection demanded from factory inspectors of work of the auditor and even "cunning" of the investigator. Not seldom only by means of indirect questions, comparisons of these different reporting documents were found the hidden violations. So was also in the 80th and further. For example, the assistant to the factory inspector of the Vladimir district A.A. Mikulin in 1891 when checking 121 industrial institution revealed 111 violations of the law, 55 of which were noted in 25 protokolakh19. Sixty five percent of factories of the area controlled by it were not safe. Assistant to the factory inspector

V.F. Svirsky in 1892 on the facts of violation of the labor law issued 15 protokolov20. The majority of cases was connected with the wrong maintaining penal books, lack of pay books and prices for the factory benches approved by inspection. In total from 1887 to 1893 only by the Vladimir presence, provincial on factory affairs (apart from judicial authorities) under 183 protocols, made by factory inspectors, to manufacturers it was written out penalties for the sum of 16,950 rub of 21

Significant changes and visible results owing to activity of factory inspectorate for implementation of the labor law happened, first of all, concerning work of factory benches and action of the penalties before exhausting a pocket of the workers and filling a purse of manufacturers. The good idea of opening of factory benches for providing workers with necessary products at the industrial enterprises, remote from the cities, in most cases was often used by manufacturers for enrichment through the enslaving credit and the high prices quoted on are blown also goods of consumption. The worker forced to take what is moreover on account of the salary overpaid to the manufacturer not seldom a minimum to 6 rubles a year at earnings in 150 rub 22

According to the law on June 3, 1886 many factory inspectors began to forbid not seldom salary payment by food products, entered monthly price approval, reduced the list of the products which are trusted for, leaving only the most necessary, establishing thus control over factory benches which were forced either to be closed, or to change the price policy. The assistant to the factory inspector A.A. Mikulin, comparing extracts from the harchevy book of the same plant for September, 1886, i.e. before introduction of the law and for October when the prices controlirova17 PSZ-III. T. VI. No. 3769.

18 The state archive of the Vladimir region (further — GAVO). T. 265. Op. 1. 20. L. 3-5.
19 GAVO. T. 265. Op. 6. 22. L. 10, 11.
20 In the same place. 49. L. 16.
21 A.A. Mikulin. Essays from the history of application of the law on June 3, 1886 on hiring of workers at factories and the plants of the Vladimir province. Vladimir, 1893. Page 48.
22 In the same place. Page 86.

foxes inspection, counted that the monthly purchase of products made by workers in September for the sum of 882 rub of 68 kopeks at the new prices would cost them only 703 rub 87 kopeks or for 20% deshevle23.

To the publication of the law on June 3, 1886 at factories and the plants an extreme arbitrariness in purpose of the penalties reaching on some of them the improbable sizes was created. Penal payments made considerable income item of the manufacturers receiving from each worker in addition in the form of penalties on average about 5 rub in god24. It caused the growing discontent of workers. The law of 1886, asserting the rights of workers for receiving all salary, forbade manufacturers to fine randomly the workers, and all capital accumulated at factory from lawfully imposed penalties directed only to needs of workers. Annually at the end of September of the current year the factory inspection collected data on existence of the penal capital. The accurate regulation of all occasions and the sizes of the penalties brought in special the sheet which followed with introduction of the law, approved by factory inspection, and control of quantity of penal money was led at least to double reduction strafov25.

After that the financial position of a certain category of workers at some factories could improve due to delivery of grants to them from the penal capital. On December 4, 1890 Ministers of Finance and internal affairs founded "Rules about an order of storage and expenditure of penal money" 26 For implementation of complete control of expenditure of this capital by inspectorate the form of the applications submitted by workers to office of factory for receiving grants was made. Statements were certified by the factory inspector and were registered in the book for record of an expense of penalties deneg27. As a result, for example, since January 1, 1891, from the penal capital which was by October 1, 1890 at factories of the Vladimir province the sum of 470,052 rub 45 kopeks for only one 1891 to 3,665 workers 25,458 rub 59 kopeks, on average almost on 7 rub were given everyone. In the next years, according to factory inspectors, the number of the workers who received the help from the penal capital "considerably increased" 28, and application of the new law promoting, on the one hand, cut in expenditure of workers on food, to reduction of their payments for penalties, on the other hand, to increase in their income from receiving grants led to some increase in the family budget of workers. At once pointed out the post of Minister of Finance S.Yu. Witte which held in 1892 for "every possible assistance" to industry development importance of the moral party in duties of factory inspectors who as he believed had to strive, first of all, for prevention and peaceful resolution of the labor disputes between workers and businessmen. His politician it was directed establishing complete state control over a situation in the industry, including the sphere of the social relations.

However effective and full supervision of institutions of the factory industry and the relations between workers and businessmen was complicated by small staff of factory inspectors on which increase extra money was necessary. In search of providing means for strengthening and expansion of supervision as was considered, on representation of the Minister of Finance the law "About transformation of factory inspection and positions provincial me23 A.A. Mikulin was issued on March 14, 1894. Essays from the history of application of the law on June 3, 1886 on hiring of workers at factories and the plants of the Vladimir province. Vladimir, 1893. Page 89-90.

24 P.A. Peskov. Factory life of the Vladimir province. The report for 1882-1883 of the factory inspector on supervision of juveniles. SPb., 1884. Page 72-73.
25 A.A. Mikulin. Essays from the history of application of the law on June 3, 1886 on hiring of workers at factories and the plants of the Vladimir province. Vladimir, 1893. Page 101-102.
26 M. Shramchenko. The charter about the industry (factory, factory and craft and the charter assay). SPb., 1899. Page 363-364.
27 GAVO. T. 256. Op. 6. 21. L. 21, 27-28.
28 In the same place. L. 103.

hanik". New situation abolished positions of provincial mechanics with transfer of their function of control over technical condition of boilers to factory inspectors. Also the extraordinary tax on boilers which amount in 1894 had to be by approximate calculations 560 thousand rubles — the sum quite sufficient for keeping of the staff increased up to 143 people factory inspektsii29 was established. But assignment on factory inspectors of the duties of mechanics which were at the direct disposal of governors limited independence of the factory inspection forced to execute more often to the detriment of the main activity stated earlier in laws and instructions other instructions for the benefit of local government. The position of the chief factory inspector was abolished, inspection began to submit directly to Department of trade and manufactories of the Ministry of Finance. In 18 provinces the new position of the senior factory inspector was entered, district factory inspectors were renamed into seniors, assistants became inspectors.

The new operations procedure of factory inspection was determined "By an order to ranks of factory inspection" 30, approved as Minister of Finance S.Yu. Witte on July 11, 1894 and the special "Appeal of the Minister of Finance to ranks of factory inspectorate for an occasion of "Order" ". The approval by the Minister of Finance of the new program of reports which was generally containing requirements about providing statistical data for various quantitative and quality indicators of development promyshlennosti31 became on May 9, 1895 a consequence of strengthening of maintenance in activity of factory inspectors in whose competition on replacement of vacancies preference was given to graduates of the highest technical educational institutions now.

By results of activity of factory inspectors for 1894-1897 in 1899 in Vladimir in P.A. Parkov's printing house "The report of ranks of factory inspection of the Vladimir province", actually, only similar was published the publication from 1886 for 1900 when, since I.A. Vyshnegradsky's ministry, printing of reports stopped is glad.

the Special part of the report consisted of two departments. The first (423 of 467 pages) — included sections with indicators of a quantitative and qualitative condition of the industry, the list and position of workers. The second — the sections of application of the law on supervision of institutions of the factory industry lighting activity of presence, Provincial on factory affairs, and ranks of factory inspection. More than 90% of the report were made by the statistical material reproducing a technical system of the industrial enterprises (the purchases of raw materials and fuel given about conditions, the equipped equipment, development and selling of finished goods) and lighting a working condition and life of workers (data on dynamics of the salary, medical care, education, housing).

In 1897 in the Vladimir province under the supervision of factory inspection 468 industrial enterprises with 134,676 workers on whom it was made products for the sum of 138,716,831 rub of 32 Average earnings of all categories consisted (and age) workers on different types of production fluctuated around 11 rub 33

The Vladimir presence, provincial on factory affairs, during 18941897 at the meetings considered 289 questions under 13 sections, 133 of which directly concerned the main directions of its activity. Presence

29 PSZ-III. T. XIV. SPb., 1898. No. 10420; A.A. Mikulin. Factory inspection in Russia. 18821906. Kiev, 1906. Page 97.
30 The collection of legalizations, rules and orders on the affairs concerning factory inspection. SPb., 1898-1900 (further - SbUPR on FI). Issue I-II. Page 28-54.
31 GAVO. T. 266. Op. 1. 17. L. 120, 120-about.
32 The report of ranks of factory inspection of the Vladimir province for 1894-1897 the 2nd part. Vladimir, 1899. Page 156, 157, 160.
33 In the same place. Page 278-281.

made 10 explanations on controversial issues of application of the law on June 3, 1886, issued 2 obligatory resolutions on the device in shops of double floors and about width of passes between weaving looms. According to its decision for the violations of the law on June 3, 1886 recorded in 32 protocols made by factory inspectors, manufacturers and manufacturers were fined by 5,060 rub 34 Factory inspectors of the Vladimir province checked from July 1, 1894 to October 15, 1897 technical serviceability of 1,191 boiler, including, 209 again established agregatov35.

As the general indicator, most fully, according to originators, reflecting the results of daily activity of factory inspection which are difficult expressed by concrete figures in the report the complete sample of the remarks made by factory inspectors at usual checks of the industrial institutions and which are written down by them in special books is presented. It is interesting that the remarks of factory inspectors calling industrialists for elimination of the violations concerning a wide range of social problems, i.e. various parties of factory life connected with implementation of requirements of the labor law of 18821894 in most cases had accidental and advisory character and were followed by drawing up protocols more and more seldom.

In actions of factory inspectors the strategic line of the Ministry of Finance which is unambiguously expressed in "Address" is accurately looked through

S.Yu. Witte. The Minister of Finance directed factory inspection to a way of "reasonable carrying out" of laws to life, "without violation of fair interests of the industry" 36 (it is emphasized by me Of this year). This line was continued in "An order to ranks of factory inspection". In particular, its Article 32-3437 prescribed punishments only in cases of abuses or repeated violation of the law. Only the danger of lag in the sphere of the labor law from the developed countries forced Witte to concern to it with special attention, though "without going into extremes" in expansion of the rights rabochim38.

From 1894 to 1897 the effect of the law of 1886 was extended to all provinces of the European Russia — from the Urals to Lodz, and the staff was increased up to 171 cheloveka39. To the publication of the law on June 7, 1899 which founded the Main thing on factory and mining affairs presence and created 6 factory districts led by district inspectors there was the last large-scale increase in number of factory inspectors up to 257 people. Besides, at them 27 clerks and 10 kandidatov40 consisted.

The role of the state beginning in reform of the labor law was initially important and in those conditions was of great importance. The factory inspectorate for a being became executive body on application of new laws at factories and the plants of the country. Reflecting in the course of the activity interests and workers and businessmen, it was designed to provide legal conditions for development of large-scale industry and to weaken negative consequences of process of industrialization in Russia. The institute of factory inspectors was one of links of "mechanism" on implementation of the labor law in Russia. But operation of this "mechanism" depended on all autocratic state system with its restrictions in legal the legislation.

34 The report of ranks of factory inspection of the Vladimir province for 1894-1897 the 2nd part. Vladimir, 1899. Page 431-433, 439.
35 In the same place. Page 439, 441.
36 SBUPR on FI. Issue 1-11. Page 28.
37 The charter about the industry (factory, factory and craft and the charter assay). SPb., 1899. Page 278.
38 Korelin A.P. Sergey Yulyevich Witte//Russia at the turn of the century: historical portraits. M, 1991. Page 22.
39 PSZ-III. T. XVII. SPb., 1900. No. 14232.
40 PSZ-Sh. T. XIX. SPb., 1902. No. 17122.

ROLE OF THE FACTORY INSPECTION ACTIVITY IN THE LABOUR LAW REALIZATION IN RUSSIA AT THE END OF THE XIX CENTURY

S. R. GLAZUNOV

Vladimir State Humanitarian University

e-mail:

sergynglaz@mail.ru

The article presents the analysis of the factory inspection activity in the labor law realization in Russia at the end of the XIX century. The establishment of the factory inspectors institution, the reconstruction of their everyday work practices, the role of the factory inspection in its interrelations of the workers and the entrepreneurs - all these aspects being researched on the basis of the official documentary dada and materials. The factory inspection was one of the links of the labor law realization mechanism in Russia. This institution was summoned to provide the legal conditions for the development of large-scale industry and to slacken the negative consequences of industrialization in Russia.

Gudrun Sabine
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