RB 64

Under the reforms of 1862 and 1866, suffrage was not universal but based on property and income qualifications, which meant that most citizens were excluded from the right to vote or be represented.Married women were subordinated to their husbands’ guardianship concerning economic matters until 1920, and even if a master himself was no longer allowed to capture an escaping servant, until 1919 he was formally guaranteed the help of public authorities for the same purpose.174 Although flogging was abolished as punishment for a criminal offence, it was, at least formally, preserved as a disciplinary means within the walls of prisons and forced-labour institutions until 1936 and1949 respectively.175 Moreover, the statutes that introduced freedom of trade kept a firm hold on the chief rule that manufacturers, etc., who employed assistants or workers should assume a paternal role.This role was similar to the masters’ position according to the old guild rules, which the statute was aimed at replacing.176While the employer was expected to “watch paternally” over his worker, to see that he was kept in devoutness and good and moral order, as well as to protect his health and fitness for work, the statute obliged the worker to pay due respect to the employer. If the contract lacked specific regulations, the worker had the same duty of obedience as the old guild rules put upon journeymen, namely to fulfil tasks only to the extent that they “belonged to the profession”.Within this framework, which might have been difficult to maintain for an individual worker, the duty of obedience was far-reaching, and a worker who refused to obey could be sentenced to a fine, which was a public law sanction.And, as a general rule, the relationship between employer and worker should be regulated in accordance with the “applicable parts” of the rules concerning the patriarchal master-servant relationship. Thus, although freedom of trade was introduced on the labour c o n t i n u i t y a n d c o n t r ac t 85 174 Winroth 1878, pp. 178-184; SFS 1919:212; Adlercreutz,T1971, p. 132 175 Kumlien 1997, p. 58, fn 52. 176 Westerståhl 1945, p. 11; Adlercreutz, A1954, pp. 148-149.

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