The working day in the Reich 1938-1945

[David Thompson]

Document Sommer 34, in Trials of War Criminals Before the Nuernberg Military Tribunals Under Control Council Law No. 10. Vol. 5: United States v. Oswald Pohl, et. al. (Case 4: 'Pohl Case'). US Government Printing Office, District of Columbia: 1950. p. 420.

TRANSLATION OF DOCUMENT SOMMER 34

SOMMER DEFENSE EXHIBIT 32

DECREE OF REICH MINISTER OF JUSTICE, 23 MARCH 1938, CONCERNING COMPULSORY LABOR OF PRISONERS BEFORE TRIAL

No. 108 Compulsory Labor Service of Prisoners Awaiting Trial

General Decree of the Reich Minister of Justice of 23 March 1938 (4520III s.L. 382)

-German Justice, page 447-

According to the National Socialist opinion labor is the duty of everybody who is able to work. In the places of confinement of the department of Justice the employment of prisoners in serious and useful works is part of the institution agenda. Therefore, as a principle also prisoners awaiting trial are obliged to work.

The wardens of the institutions will have to see to it that the necessary time and rest remain to the prisoners confined pending trial for their defense and the preparation thereof.

Serious self-employment conforming to the agenda of the institution may be permitted.

This general decree is not applicable for the time being to the country Austria.

[David Thompson]

Document Mummenthey 16, in Trials of War Criminals Before the Nuernberg Military Tribunals Under Control Council Law No. 10. Vol. 5: United States v. Oswald Pohl, et. al. (Case 4: 'Pohl Case'). US Government Printing Office, District of Columbia: 1950. pp. 421-422

TRANSLATION OF DOCUMENT MUMMENTHEY 16

MUMMENTHEY DEFENSE EXHIBIT 22

EXTRACTS FROM DECREE OF THE REICH MINISTRY OF THE INTERIOR, 30 APRIL 1938, ESTABLISHING 8-HOUR REGULAR WORKING DAY

Certified copy

Extracts from Reich Law Gazette, part I, 1938 issued by Reich Ministry of the Interior

[Page 447]

Regulation establishing working time of April 30, 1938

First Section
General regulations

* * * * * * *

Article 2 Definition of working time

(1) Working time covers the period between the beginning and the end of the work, not including rest periods.

* * * * * * *

Second Section Working time, general aspects

Article 3 Regular working time

The regular working time on week days must not exceed a period of eight hours.

Article 4-Article 29

[David Thompson]

Document Mummenthey 17, in Trials of War Criminals Before the Nuernberg Military Tribunals Under Control Council Law No. 10. Vol. 5: United States v. Oswald Pohl, et. al. (Case 4: 'Pohl Case'). US Government Printing Office, District of Columbia: 1950. pp. 422-423

TRANSLATION OF DOCUMENT MUMMENTHEY 17

MUMMENTHEY DEFENSE EXHIBIT 23

DIRECTIVE OF GOERING AND TODT, 15 FEBRUARY 1939, CONCERNING WORKING HOURS ON BUILDING SITES

Certified copy

Extract from "Deutscher Reichsanzeiger und Preussischer Staatsanzeiger"

(German Reich Gazette and Prussian State Gazette) No. 45 Berlin, Wednesday, 22 February, evening, 1939 [22 February 1939]

2d Directive concerning: Working time on building sites

Pursuant to the measures taken with a view to increasing the output efficiency of the building industry it appears necessary to exclude all conditions conducive to a curtailment of capacity. One of these circumstances, among others, is work in darkness which, in addition to reducing efficiency to a considerable degree, in most instances also involved an increased danger of accidents. Of necessity this also involves an increase in the cost of building. In addition to an excessively high allocation of labor the work in three shifts makes quartering of workers most difficult and, furthermore, it makes it impossible to keep the building machines and implements in proper working order and to carry out repairs.

In agreement with the Reich Labor Minister I therefore decree that, as a matter of principle, work on building sites is to be confined to two shifts only, within which scope, however, and in keeping with the Reich Tariff Order governing the building trade of 26 November 1938, as amended or still to be amended, working hours can be extended up to 10 hours per day. Arrangement for a third shift is permissible as an exception only, and only with consent of the Industrial Inspection Board [Gewerbeaufsichtsamt]. In doubtful cases the final decision will be made by the Plenipotentiary General in charge of control of the building industry.

Regulations governing working time, as well as rulings laid down for overtime payment by the Reich and Tariff Order for the Building Trade are to be taken into consideration.

Berlin, 15 February 1939
Minister President
Commissioner for the Four Year Plan
[Signed] Field Marshal GOERING
The Plenipotentiary General in charge of control of the Building Industry

Inspector General Dr. Ing. TODT
[Signed] DR. TODT

[David Thompson]

Document Mummenthey 19, in Trials of War Criminals Before the Nuernberg Military Tribunals Under Control Council Law No. 10. Vol. 5: United States v. Oswald Pohl, et. al. (Case 4: 'Pohl Case'). US Government Printing Office, District of Columbia: 1950. pp. 423-424

TRANSLATION OF DOCUMENT MUMMENTHEY 19

MUMMENTHEY DEFENSE EXHIBIT 25

DECREE OF GOERING, 1 SEPTEMBER 1939, ABROGATING DECREE OF 30 APRIL 1938, CONCERNING 8-HOUR REGULAR WORKING DAY

Certified Copy

Extract: Reich Law Gazette, Part I, 1939 published in Berlin, 7 September 1939

[Page 1683]

Enactment amending and supplementing regulations covering the field of labor law, 1 September 1939

The Council of Ministers for Reich Defense decrees, for enforcement as law: * * *.

III. Labor Protection

(1) The following laws and enactments, and instructions issued by virtue of these laws and enactments -- insofar as they establish the duration of week-day working hours -- are declared void, until further notice, for male workers and employees over 18 years of age:

Order establishing working hours, of 30 April 1938, [See Document Mummenthey 16, Mummenthey Ex. 22, p. 421] Reich Law Gazette I, page 447.

* * *

Berlin, 1 September 1939

The Chairman of the Council of Ministers for Reich Defense,

GOERING, Field Marshal
The Reich Minister and Chief of the Reich Chancellery,
DR. LAMMERS.

[David Thompson]

Document Pohl 13, in Trials of War Criminals Before the Nuernberg Military Tribunals Under Control Council Law No. 10. Vol. 5: United States v. Oswald Pohl, et. al. (Case 4: 'Pohl Case'). US Government Printing Office, District of Columbia: 1950, pp. 426-428.

TRANSLATION OF DOCUMENT POHL 13

POHL DEFENSE EXHIBIT 12

EXTRACTS FROM ARTICLE BY FREISLER, UNDER SECRETARY IN REICH MINISTRY OF JUSTICE, ON "WORK ASSIGNMENTS AND PENAL ADMINISTRATION", PUBLISHED IN "GERMAN JUSTICE," 13 SEPTEMBER 1940

German Justice
Administration of Justice and Legal Policy
Founder: Reich and State Minister Staatsrat Hanns Kerrl, former Prussian Minister of Justice

Official Publication of the German Administration of Justice
Weekly Journal of the Ministry of Justice

Publisher: Dr. Franz Guertner, Reich Minister of Justice
Chief Editor: Ministerialrat Dr. Karl Klug of the Reich Ministry of Justice
102d annual set Berlin, 13 September 1940, Edition A No. 37 Page 1021

Work Assignments and Penal Administration

By Dr. jur. Roland Freisler, Under Secretary in the Reich

Ministry of Justice

The fact that work represents one of the most important means of a successful penal administration, including imprisonment, is for us, who participate in the German Penal Administration, an obvious truth.

* * * * * * *

The following measures originated, were carried out by the German Penal Administration immediately after the seizure of power.

* * * * * * *

[Page 1022]

* * * * * * *

3. Subsequently the Reich Minister of Justice introduced the compulsory labor duty, also for people in detention pending trial. Former scruplesagainst this measure, unfounded as such in my opinionhave been found to be unjustified. It appeared, on the contrary, that the majority of people detained pending trial appreciated a possibility to work which they regarded the labor duty. It has also been proved that it is absolutely possible to introduce work for people detained pending trial without curtailing the possibilities of preparing their defense to which they are entitled, and without increasing the danger of underhand plotting of people detained pending trial.

* * *

6. Finally, the working time of prisoners has been extended at the beginning of the war, because here too, the utmost effort should be requested, especially in time of war. That the working time should not pass the mark beyond which a further extension would not mean an increased production, is understood. This limit is, of course, not the only one that the Administration of Justice has imposed upon itself.

It is not necessary to emphasize that the German Penal Administration is ready to accept any work important for the benefit of the people, and that this practice is carried out, too. The administration should not consider any (work) as too unpleasant or too dangerous. I mention this only in order to stress the fact that a considerable number of prisoners ask for dangerous work which is outside the frame of ordinary work; this is significant for the spirit in that part of the German Penal Administration that does not deal with the asocial criminals who are lost for the German people's community anyway. The public, too, should always remember that there are quite different types of people subject to penal administration, and the opinion, the majority of convicts represent the last dregs of society, is false.

[David Thompson]

Document Mummenthey 20, in Trials of War Criminals Before the Nuernberg Military Tribunals Under Control Council Law No. 10. Vol. 5: United States v. Oswald Pohl, et. al. (Case 4: 'Pohl Case'). US Government Printing Office, District of Columbia: 1950. pp. 428-229

TRANSLATION OF DOCUMENT MUMMENTHEY 20

MUMMENTHEY DEFENSE EXHIBIT 26

EXTRACTS FROM CIRCULAR DECREE OF GOERING, 10 APRIL 1942, CONCERNING 56-HOUR MINIMUM WORKING WEEK OF CIVIL SERVANTS

Certified copy

Extracts from Ministerialblatt des Reichs- und Preussischen Ministerium des Innern (Ministerial Bulletin for the Reich and Prussian Ministries of the Interior) published by the Reich Ministry of the

7th (103). year; 1942 (No. 1-52) Page 765

Regulation establishing Minimum Working Time for Civil Servants, During Wartime

Circular Decree of RMdI (Reich Ministry of the Interior) of 25 April 1942-II a 1087/42 6450

I hereby announce, and order compliance with, the following directive issued by the chairman of the Ministerial Council for the Defense of the Reich on minimum working time for civil servants during wartime, dated 10 April 1942.

* * * * * * *

Enclosure: Regulation on the minimum working time for civil servants during wartime, dated 10 April 1942.

(1) The burden on administration and establishments serving the public is so great as a result of the tasks created by the war that, notwithstanding the exemplary diligence of all public servants and other service personnel, the working time established for civil servants by the Decree of 13 May 1938 (Reich Law Gazette I, page 593) has long ceased to be adequate. While as a result of this, the limitation of working time was already specifically rescinded by decrees of the Supreme Reich Authorities and while in all administrations and establishments serving the public, working hours have been considerably extended since the beginning of the war, it nevertheless has proved necessary to establish uniformly a minimum working time. Practically speaking this merely means a confirmation of conditions which already exist.

(2) I therefore decree for the territory of greater Germany:

1. The minimum working time for civil servants is established with immediate effect as 56 hours per week. In places where work is carried on without a rest period the working time will be 58 hours per week, as a minimum. Where working hours do not provide for an interruption of work, a rest period may be introduced which will be established according to the discretion of the heads of offices and managers of establishments [Betriebsleiter]. It cannot be computed against the working time.

2. Limitation of daily working hours to a maximum of 9 hours is revoked. As the soldier at the front knows no limitation of service irrespective of all deprivations and dangersevery person working for official authorities likewise must discharge his official duties in such manner that nothing remains unattended to.

3. There will be no interruption of work on Saturday afternoons and on Sundays.

* * * * * * *

7. As provided by Article 18 of the regulation of 30 April 1938 establishing working time (Reich Law Gazette I, page 446) the above order also applies to employees.

* * * * * * *

Berlin, 10 April 1942
The Chairman of the Ministerial Council for the Reich Defense
GOERING.

[David Thompson]

Document Mummenthey 21, in Trials of War Criminals Before the Nuernberg Military Tribunals Under Control Council Law No. 10. Vol. 5: United States v. Oswald Pohl, et. al. (Case 4: 'Pohl Case'). US Government Printing Office, District of Columbia: 1950. pp. 429-430

TRANSLATION OF DOCUMENT MUMMENTHEY 21

MUMMENTHEY DEFENSE EXHIBIT 27

DECREE, 31 AUGUST 1944, INCREASING REGULAR WORKING WEEK TO 60 HOURS WHERE NECESSARY

Certified Copy

Extract from Pfundtner-Neubert, The new German (Reich) Law [Part] IV. Social welfare and labor law, (e) Labor law

working time 8
(60-hour week)

[Page 51]

Decree relative to the 60-hour week of 1 August 1944 (Reich Law Gazette I, page 191)

* * * * * * *

The decree reads as follows:

Straining every ounce of strength in soul and body, the German people are going through the decisive phase of the battle which will decide on their vital rights and their National Socialist system. On all fronts the German soldier's achievements are superhuman. In a great number of establishments of war industry the elite of the German working class is accomplishing a maximum of achievement even now.

Enforcement of the measures demanded by the total war effort, therefore, demands that the following be decreed for the entire German war economy:

Article One

(1) In all establishments and administrations where the accumulation of work and the production situation so demand, the regular working period of 48 hours per week is to be increased by 12 hours overtime per week.

* * *

The Reich Labor Minister,
The Plenipotentiary General for the Allocation of Labor [Arbeitseinsatz]

[David Thompson]

Document NO-1290, in Trials of War Criminals Before the Nuernberg Military Tribunals Under Control Council Law No. 10. Vol. 5: United States v. Oswald Pohl, et. al. (Case 4: 'Pohl Case'). US Government Printing Office, District of Columbia: 1950, pp. 370-372.

TRANSLATION OF DOCUMENT NO-1290

PROSECUTION EXHIBIT 60

CIRCULAR LETTER OF POHL TO CONCENTRATION CAMP COMMANDERS, 22 JANUARY 1943, CONCERNING WORKING TIME OF PRISONERS

Oranienburg, 22 January 1943

The Chief of the Economic and Administrative Main Office
D II/1 Az.: 21 Ma./F.

To the Commandants of the Concentration Camps
Concerning: Working time of the prisoner.
[Stamp]
Mail received on: 30 November 1943

Distribution:
St. W.L. [initials]
St. W.St
St. W.R. B. DV.
St. W. P. [illegible initial]

Registrar's office

Au. I, Au. II, Au. III, Bu, Da., Flo., Gr.Ro., Herzgb., Lu., Mau., Na., Neu., Rav., Sh., Stu., War., detention camp Bergen-Belsen, Economist with the Higher SS and Police Leader Ostland, Riga.

By signal communications to: Chief of Offices
W I
W III
W IV
W5
W VI
Staff W care of SS Oberfuehrer Baier

I should like to point out that the working time of prisoners, laid down by order, which amounts to 11 hours daily, had to be kept up also during the winter months. Exceptions are the detachments working outside the compounds (e.g., building operations) which in view of the shortness of the day and the early dusk resulting therefrom, have to return to the camp in time.

In contrast to that, those prisoners who perform their work in factory rooms, or in production sheds, have to be put to work from Monday till Saturday on an 11-hour schedule. Besides, in extraordinary cases of emergency, the prisoners should be set to work also on Sundays but only in the morning. The extensive operations which are being carried on today and which are important for our warfare and decisive for victory do not permit under any circumstances that the net daily working time amounts to less than 11 hours.

I request the commandants to take special care of this point. In some cases it even may become necessary to refrain from having those prisoners lined up with the rest for evening roll call. The numerical strength of these detachments is fixed. They report back to the camp in full strength later after having finished their work.

Up to 2 December 1943, all those detachments, are to be reported to the chief of division D, for submission to me, with which a net working time of 11 hours daily cannot be kept up. Reasons for it have to be given.

[Signed] POHL
SS Obergruppenfuehrer and Lt. General of the Waffen SS

SS Economic and Administrative Main Office
Staff W, c/o SS Oberfuehrer Baier

For your information.
Verified
[Signature illegible]
Obersturmbannfuehrer