ABSTRACT

Modern legislation has tended to make the position more equitable; as welfare measures were included to protect the interests of the worker, so also were steps taken to make the other terms of the law accord better with civilized practice. It would appear that penal sanctions and criminal procedure in dealing with offences connected solely with the relations between master and servant tend to be eliminated. Examination of various codes will reveal penal clauses of some kind in all of them; the nature of these varies, and this should be considered before criticism is directed at the formidable punishments which appear in some labour legislation. Penal clauses may be divided into three classes: first, those intended for the maintenance of the terms of the contract; second, those enforcing regulations for safety or welfare; and third, punishments for acts likely to affect the community as a whole.