Katalin Nagy KANCZNÉ

Opportunities to craftsmanship education in the late 1800s under the Industrial Code of 1884

Introduction

The XVII of 1884. An act is the amendment of the Industry Act 1872. The amendment was driven by the demand of craftsmen[1], fueled by Western trends where legislation allowed pressure from craftsmen. The petitions submitted to the Parliament affected the decline in the industry, especially in the handicraft industry. The occurrence of deteriorating conditions attributed to the article of the law of 1872: VIII. They objected to the realization of industrial freedom: "…in our country, this law, based on industrial freedom, isolated individual industrialists from each other in the absence of the necessary conditions; in the absence of proper organization, everyone was left alone with unbridled freedom; in the absence of sufficient education, the benefits of free association were not used by anyone, so that the artisan was increasingly pushed into the background and in many cases ruined by the strength of an enterprise and capital that already enjoyed great benefits during this period."[2] Accordingly, their expectation was to make the activities of craftsmen more organized and thus to achieve security and predictability.

However, in the explanatory memorandum, the legislator articulates his advanced philosophy of economic development in his time: "… One who believes that any form of industrial law will immediately increase the competitiveness of the craftsman or will be fully protected or secured against the capital and large industry - is rocked by illusions. The illusion is the wish of the craftsmen that, recalling the old times, the advantages enjoyed in the age of the guild system, prosperity can still be found in our age only in guild-like conditions."[3] He believes in development, which he sees in the ability to change. The revision of the Industrial Code, therefore, set the following objectives:

•     provide an organizational framework in which craftsmen can exercise their right to have a free association,

•     implementation of controls on assistants and workers,

•     education of industrial apprentices,

•     advanced development of industrial education.

Conditions for starting the industry

Age of majority

Adulthood was an essential condition for starting the industry. All adults, regardless of gender, were free to work in any industry. The XX. of 1877 Act on the Settlement of Custody and Custody Cases defines the age of majority, "fullness" at the age of 24 [4]. At the age of 18, they had the opportunity to reach the age of majority. Permission to do so was carried out by the guardianship authority, where the parents, grandparents and, in their absence, the next of kin have listened. The age of majority was granted by the authority "if the minor has the ability and maturity to conduct his or her own affairs"[5]. Another possibility of becoming an adult was, with the consent of the father or guardian, the young man undertook to pursue an independent industry after reaching the age of 18.

Women were subject to separate legislation[6]. According to this, by the age of 24, single people became adults and had all the rights associated with it. But regardless of their age, a marriage made them an adult. This right was retained even if they had been widowed or divorced before the age of 24.

Certificate of education

An adult who intended to pursue an unlicensed industry was required to notify the industry authority. If this craft was such that it could only be mastered with longer practice, he had to prove where and how he had acquired the necessary skills. One way to do this was to present an apprenticeship certificate or prove that he had worked in a job or factory that matched his qualifications for at least two years. Once this verification was made, the industry authority could not refuse to do business.

If someone could not present an apprenticeship certificate but was over the age of 21 and could prove that he or she had worked in a workshop or factory and practised the profession for which he or she wished to start a business for at least three years, he or she could also obtain a permit.

An adult who did not have a certificate or practice received a permit only on the condition that he or she employed a person in his or her business who met one of the previous conditions. And the employee had to be reported.

The list of qualified crafts was regulated by a decree of the Minister of Agriculture, Industry and Trade[7]. These professions were:

Permission

The commencement of the following industries was subject to a permit, and their operation was specifically regulated by the legal profession:

•     the operation of inns, pubs, breweries, cafés, brandy and coffee-measuring;

•     broker

•     the business of employment and the acquisition of servants;

•     chimney sweeping;

•     regular passenger services;

•     industry which provides passenger vehicles or services to the public in public places;

•     master builder;

•     the manufacture of and trade in toxic substances and medicinal products;

•     the manufacture of and trade in explosives.[8]

If the craftsman died, his widow could continue the business without notice. However, in the case of licensed crafts, she was required to prove her personal reliability before the industrial authority. The business could also be operated for the benefit of minor children or grandchildren, but in this case a manager had to be appointed, who had to be notified to the industry authority. A manager could only be one who complied with the legal requirements for self-employment in the industry and proved his or her personal reliability before the industry authority. He was then responsible for complying with the legal rules, and any punishment imposed on him.

The process of becoming an apprentice

Every self-employed person had the opportunity to keep an apprentice. The children started apprenticeship at the age of 12. Industrial apprentices could only be younger if the craftsman had made a commitment to send the apprentice regularly to a folk school until he or she was 12 years old. Admission was an agreement between the craftsman and the apprentice's parents or guardian regarding the length of the study period, the training, and the provision of the apprentice. The training lasted at least until the apprentice turned 15 years old. The apprentice was recruited under a contract with the industry authority.

The apprentice was placed on probation for two months. However, a different time interval could be stipulated in the study contract. The probationary period had to be included in the study time. The significance of the probationary period was that if the apprentice or his parents, but even the craftsman, decided to terminate the contract, he could do so without compensation or any other difficulty.

The industry authority kept a register of apprentices, which included:

·     Details of the apprentice (name, year of birth, name and address of parents or guardian).

·     Details of the craftsman (name, address, occupation).

·     Start, end, other conditions of the education contract.

·     To whom the education contract was issued, as the contracting parties themselves determined which of them would keep the original copy of the contract.

·     Data on the school certificate, broken down by year, describing the student's school performance.

·     A description of the apprentice's progress in the industry.

·     Date of termination of the student status.

·     Certificate of issuance of the apprenticeship certificate. [9]

The record was sent to the district inspectorate two weeks before the start of the school year. School leaders reported monthly to industry authorities on the school progress of apprentices and the frequency with which they attend school. The industry authority also sent its own staff to monitor the progress of school visits and practical training. Upon completion of the apprenticeship, the industry authority issued a certificate to the apprentice. It included details of the school certificate, his progress in the industry, and the name, occupation, and address of the craftsman.

Being an apprentice

By hiring an apprentice with him, the craftsman committed himself to training his apprentice in the industry he pursues. In addition, he had to pass on moral values, he was obliged to establish a proper relationship with him in the work. He had to make sure the apprentice attended worship services on the holidays of the apprentice's religion. He was also responsible for the apprentice's school attendance. In the settlements where there was an apprenticeship school, he had to persuade him to go there regularly. If the apprentice was admitted to his house, he had to receive care in case of illness. In such cases, he was obliged to notify the parents or the guardian, and in the case of compulsory schooling, the teacher of the apprentice's illness. He had to do the same when major changes took place in the apprentice's life.

The apprentice owed obedience to the craftsman or his deputy, and if he was housed in the craftsman's house and ate with the inmates, he was under the craftsman's house discipline until he was 18 years old. The craftsman could only oblige the apprentice to work in his industry; he could not force him into maid service. He also had to ensure that the apprentice was not abused by housemates or helpers.

Working hours were up to 10 hours, but the hours spent at this school were also included. For apprentices over the age of 14, this period could be extended to 12 hours. However, in some industries, the industry authority may set shorter working hours. In all cases, however, there was a half-hour break in the morning and afternoon and an hour at noon during work. Apprentices could only be expected to do work that matched their physical strength. Apprentices under the age of sixteen could not be employed for night work (21.00-05.00). However, in industries where work took place at night, with the permission of the industry authority, apprentices under the age of 16 but over the age of 14 were allowed to work no more than half of their working hours at night, subject to adequate physical development.

"The study time of an industrial apprentice cannot be extended by the industrial authority. An industrial apprentice cannot be punished for failing to attend school, nor can he be obliged in theory to attend school for a certain period of time afterwards.[10] However, if the apprentice is absent from work for more than three months at a time due to absence or illness but continues to study after that, the craftsman was entitled to extend the study period by the time missed.

Circumstances of termination of the student status

The student status was terminated upon the death of the apprentice, or if he had to perform military service, or if he became incapable of work for any reason. The same was true of the craftsman, but in the case he had a business manager and he could continue to operate his industry, the student status could be maintained. If the artisan did not hold a manager, his business ceased, and so did the student status. Other reasons for termination could be if one party was sentenced to more than 4 weeks in prison and if the industrialist was deprived of the right to hold an apprentice.

The contract could be terminated immediately by the craftsman if the apprentice had committed an offence arising from the desire for profit if he had regularly refused to perform his duties or had committed serious misconduct against them. Aggressive behaviour could also lead to the termination of a contract if the apprentice has committed abusive or grossly defamatory conduct against the craftsman or a member of his or her family. The craftsman could also terminate the cooperation if the apprentice suffered from a "disgusting" or contagious disease (§ 71 d).

The reason for the immediate termination of the contract on the part of the apprentice or his legal representative as if the craftsman tempted the apprentice to commit immoral or illegal acts, if the craftsman abused his home disciplinary rights, or if the apprentice's life or health was endangered during work.

The apprenticeship could be terminated by 15 days' notice on the craftsman's part if there was no doubt that the apprentice was unable to learn the industry in question. He could terminate his contract under the same conditions even if the apprentice had an illness lasting more than two months. Furthermore, the cooperation ceased under the same circumstances when the craftsman gave up his business.

The contract could be terminated with 15 days' notice on the part of the apprentice or his legal representative if the craftsman did not fulfil his legal or contractual obligation towards the apprentice. If the craftsman moved to another village and the apprentice did not want to keep up with him, he could terminate their contract. The 15-day notice could be used if the apprentice wanted to move to a different career or another industry. But this right could also be exercised in cases where the craftsman suffered from an illness lasting more than two months and did not appoint a store manager, or if he went bankrupt. Termination of the contract had to be notified to the industry authority in all cases.

If the termination of the contract was caused by the apprentice, and if the apprentice wanted to move to another industry and therefore resigned, the industrialist was entitled to the full-year tuition fee and an additional six-month tuition fee as compensation. And if the craftsman gave a reason to terminate the contract, he had to pay the compensation provided for in the contract, but at least the costs incurred by the apprentice in joining another craftsman.

If a craftsman accepted an apprentice who had escaped from another craftsman so that he knew the circumstances of his departure, he was held jointly and severally liable with the apprentice and had to pay the damage caused by the escape.

Apprentice schools between 1887 and 1895

Decree No. 64,831 of 20 December 1887 of the Minister of Agriculture, Industry and Trade and of 14 February 1888 Decree No. 1949 and of 30 March 1895 Decree No.17,698 in the context of Article 5 1884 XVII of the Act, designated the institutions where the successful completion of the training is sufficient for the pursuit of the crafts linked to the qualification. Certificates issued by the following schools and workshops entitled the graduates to pursue an independent industry.

·     József Technical University, Budapest – training provided for obtaining a diploma suitable for the independent pursuit of all craft-related crafts, with the exception of carpentry, master builder, masonry and stone masonry;

·     School of Applied Arts, Budapest – gold, Budapest silver and metal beaters, painters and polishers, copper casters, copper and bronze artists, room painters, carpenters and pipe carvers;

·     State Secondary School Budapest – carpenter, tinsmith, wheelwright, turner, bell caster, cooper, stove maker, fabric and yarn dyer, blacksmith, well maker, locksmith, copper foundry, copper and bronze blacksmith;

·     Secondary School of Mechanical Engineering, Kassa – carpenter, lathe, bell caster, blacksmith, well maker, locksmith, copper foundry, copper and bronze blacksmith;

·     Secondary School, Brassó – carpenter, lathe;

·     The State Primary and Civic School Teacher Training Institute of the 1st District of Budapest – the graduates who have been prepared to teach crafts are entitled to pursue carpentry independently.

If the graduate apprentice was still a juvenile but was 15 years old, and employment record could be issued to him. If he was still a young man but had already reached the age of 18, he could, with the consent of his parents or guardian, pursue an industry, thus becoming an adult. The required qualifications could be obtained in the following practical vocational schools:

·     Workshop connected with the Department of Wood and Iron Architecture of Kolozsvár – carpenter, stonemason, bricklayer, carpenter, locksmith;

·     Carpenter's industrial workshop next to State Civil Boys' School, Galgócz – carpenter;

·     State–Aided Village Upper Folk High School, Korpona  carpenter;

·     State Civil School Art Carpentry, Workshop, Nagyszöllős – carpenter;

·     5.Vocational school of artificial carving, Homonna –carpenter, lather;

·     State–Aided Village Civic School, Miskolcz – carpenter, lather;

·     Practical Industrial School related to the Civil Boys' School, Zalaegerszeg – carpenter, lather;

·     Industrial Workshop connected to the Practicing Civil School of the State Elementary and Civic School Teacher Training Institute of the 1st District of Budapest – carpenter, lather;

·     State Children's Toy Maker Workshop, Hegybánya – children's toy maker;

·     State Children's Toy Maker Workshop, Szélakna – children's toy maker;

·     State–Aided Children's Toy Maker Training Workshop, Nyitrafenyves – children's toy maker;

·     State Vocational School of Iron Industry, Gölniczbánya – locksmith and blacksmith;

·     State Vocational School of Wood and Metal Industry, Marosvásárhely – carpenter, lathe, woodcarver, machine and art locksmith, carpenter, bricklayer, potter, stove maker;

·     State Aided Vocational School of Wood and Metal Industry, Arad – carpenter, lathe, carver, machine and art locksmith;

·     State Vocational School of Wood and Metal Industry, Szeged – carpenter, lathe, carver, builder, locksmith, bricklayer, carpenter, stonemason;

·     State Vocational Vocational School, Késmárk – weaver;

·     State Aided Weaving Workshop, Bratislava – weaver;

·     State Aided Weaving Workshop, Csíkszereda – weaver;

·     19. State Aided Carpet Training Workshop, Nagydisznód – weaver;

·     20. State Aided Carpet Industry Workshop, Nagy–Becskereke – weaver;

·     21. State Aided Knitting Industry Workshop Selmecbánya – knitter;

·     22. State Clay Industry Vocational School, Mágocs – potter, stove maker;

·     23. State Vocational School of Clay Industry, Ungvár – potter, stove maker, porcelain maker;

·        24. State Vocal and Stone Grinding Industrial Vocational School, Zalatna – stonemason, stone grinder;

·     25. State Vocational School of Stone and Clay Industry, Székelyudvarhely – stonemason, stove, potter;

·     26. State Basket Weaving Training Workshop,Bellus – basket weaving;

·     27. Locksmith Workshop, Alsó–Meczenzéf – locksmith;

·     28. Locksmith Industrial Workshop related to Kismárton State Civil School – locksmith;

·     29. Locksmith Industrial Workshop related to Sepsiszentgyörgy Civil Boys' School – locksmith.[11]

Summary

The new industrial law proposal was submitted by the Minister of Agriculture, Industry and Trade, Count Pál Széchényi, at the February 7 session of the House of Representatives. A joint committee was formed from the sections of the National Association of Crafts, Commerce, Manufacturing and Industry, where the bill was commented on and supplemented with their proposals.[12] The law was approved on May 18, 1884 by the ruler, Franz Joseph I. The legislation was in force until 1948.

References

·         [1] 1884. évi XVII. törvénycikk indokolása - az ipartörvényről. Képviselőházi Irományok 1881/84. XIX. kötet 237-250. oldal, irományszám: 730.

[1] XVII. of 1884. justification of article of law – on industrial law. House of Representatives Papers 1881/84. XIX. tome 237-250 page, file number: 730.

·         [2] 1884. évi XVII. törvénycikk indokolása - az ipartörvényről. Általános indokolás, 2. bekezdés. Képviselőházi Irományok 1881/84. XIX. kötet 237-250. oldal, irományszám: 730.

[2] XVII. of 1884. justification of article of law – on industrial law. General justification, 2. paragraph. House of Representatives Papers 1881/84. XIX. tome 237-250 page, file number: 730. 

·         [3] 1884. évi XVII. törvénycikk indokolása - az ipartörvényről. Általános indokolás, 5. bekezdés. Képviselőházi Irományok 1881/84. XIX. kötet 237-250. oldal, irományszám: 730.

[3] XVII. of 1884. justification of article of law – on industrial law. General justification, 5. paragraph. House of Representatives Papers 1881/84. XIX. tome 237-250 page, file number: 730. 

·         [4] 1877. évi XX. törvénycikk a gyámsági és gondnoksági ügyek rendezéséről. Szentesítve: 1877. VII. 4. Kihirdetve: az országgyűlés mindkét házában 1877. VII. 7. Netjogtár. 30

https://net.jogtar.hu/getpdf?docid=87700020.TV&targetdate=&printTitle=1877.+%C3%A9vi+XX.+t%C3%B6rv%C3%A9nycikk&referer=1000ev (Retrieved: 2020. 09. 30.)

[4] XX. of 1877. article of law on the settlement of tutelage and guardianship matters. Consecrated: June 04, 1877. Announced: in both houses of parliament June 07, 1877.

·         [5] 1877. évi XX. törvénycikk a gyámsági és gondnoksági ügyek rendezéséről. Szentesítve: 1877. VII. 4. Kihirdetve: az országgyűlés mindkét házában 1877. VII. 7. 4. §. Netjogtár. https://net.jogtar.hu/getpdf?docid=87700020.TV&targetdate=&printTitle=1877.+%C3%A9vi+XX.+t%C3%B6rv%C3%A9nycikk&referer=1000ev  (Retrieved: 2020. 09. 30.)

[5] XX. of 1877. article of law on the settlement of tutelage and guardianship matters. Consecrated: June 04, 1877. Announced: in both houses of parliament June 07, 1877. 4. §.

·         [6] 1874. évi XXIII. törvénycikk a nők teljeskoruságáról. Szentesítve: 1874. VII. 17. Kihirdetve: az országgyűlés képviselőházában 1874. VII. 22., a főrendek házában VII. 23. Netjogtár. Letöltve: 2020. 09. 30. https://net.jogtar.hu/getpdf?docid=87400023.TV&targetdate=&printTitle=1874.+%C3%A9vi+XXIII.+t%C3%B6rv%C3%A9nycikk&referer=1000ev   

[6] XXIII. of 1874. article of law about the adulthood of women. Consecrated: June 17, 1874. Announced: in the House of Representatives June 22, 1874, in the upper house June 23, 1874.

·         [7] A földmivelés-, ipar- és kereskedelemügyi m. kir. ministernek 1884. évi 39.266. szám alatt valamennyi törvényhatósághoz intézett rendelete. 2.§. In. Morlin Emil-Szuppán Vilmos (szerk.): A magyarországi népoktatásügy, kereskedelmi és ipari szakoktatás szervezete és közigazgatása. Törvények, szabályrendeletek, utasítások, rendeletek és döntvények gyűjteménye. II. kötet. Budapest. 1898. 833 p.

[7] 39.266 of 1884. regulation of The Royal Minister for Agriculture, Industry and Trade to all legislatures. 2. §. In. Morlin Emil-Szuppán Vilmos (editor): Organization and administration of public education, trade and industrial education in Hungary. A collection of laws, regulations, instructions, ordinances and decisions. II. tome. Budapest. 1898. 833 p.

·         [8] 1884. évi XVII. törvénycikk – ipartörvény. Szentesítve: 1884. V. 18. Kihirdetve: 1884. V. 21. 10. §. Netjogtár. https://net.jogtar.hu/getpdf?docid=88400017.TV&targetdate=&printTitle=1884.+%C3%A9vi+XVII.+t%C3%B6rv%C3%A9nycikk&referer=1000ev (Retrieved: 2020. 09. 30.)

[8] XVII. of 1884. article of law – industrial law. Consecrated: May 18, 1884. 10. §.

·         [9] A földmivelés-, ipar- és kereskedelemügyi m. kir. ministernek 1884. évi 39.266. szám alatt valamennyi törvényhatósághoz intézett rendelete. 18.§. In. Morlin Emil-Szuppán Vilmos (szerk.): A magyarországi népoktatásügy, kereskedelmi és ipari szakoktatás szervezete és közigazgatása. Törvények, szabályrendeletek, utasítások, rendeletek és döntvények gyűjteménye. II. kötet. Budapest. 1898. 833 p.

[9] 39.266 of 1884. regulation of The Royal Minister for Agriculture, Industry and Trade to all legislatures. 2. §. In. Morlin Emil-Szuppán Vilmos (editor): Organization and administration of public education, trade and industrial education in Hungary. A collection of laws, regulations, instructions, ordinances and decisions. II. tome. Budapest. 1898. 833 p.

·         [10] A földművelés-, ipar- és kereskedelemügyi m. kir. miniszternek 41.154/1888. IX/a. sz. a. kelt rendelete alapján. In. Morlin Emil-Szuppán Vilmos (szerk.): A magyarországi népoktatásügy, kereskedelmi és ipari szakoktatás szervezete és közigazgatása. Törvények, szabályrendeletek, utasítások, rendeletek és döntvények gyűjteménye. II. kötet. Budapest. 1898. 833 p. 368. p.

[10] In virtue of No. 41.154/1888. IX/a regulation of The Royal Minister for Agriculture, Industry and Trade. In. Morlin Emil-Szuppán Vilmos (editor): Organization and administration of public education, trade and industrial education in Hungary. A collection of laws, regulations, instructions, ordinances and decisions. II. tome. Budapest. 1898. 833 p. 368. p.

·         [11] Morlin Emil-Szuppán Vilmos (szerk.): A magyarországi népoktatásügy, kereskedelmi és ipari szakoktatás szervezete és közigazgatása. Törvények, szabályrendeletek, utasítások, rendeletek és döntvények gyűjteménye. II. kötet. Budapest. 1898. 833 p. 383-385. p.

[11] Morlin Emil-Szuppán Vilmos (editor): Organization and administration of public education, trade and industrial education in Hungary. A collection of laws, regulations, instructions, ordinances and decisions. II. tome. Budapest. 1898. 833 p. 383-385. p.

·         [12] Magyar Ipar, az Országos Iparegyesület Közlönye, Budapest, V. kötet. 5. sz., 1884. március 08.

[12] Hungarian Industry, Bulletin of the countrywide Industry Association, Budapest, V. tome. Number 5. Mar 08, 1884.