"Non-Germans" Under the Third Reich (154 page)

111.
Regulations for the Conduct of Examinations for Pharmacists, December 8, 1934, quoted in Blau,
Das Ausnahmerecht für die Juden in Deutschland
, no. 59.

112.
First Decree to the Law on the Leasing and Administration of Public Pharmacies, March 26, 1936 (
RGBl.
I, 317).

113.
Eighth Decree to the Reich Citizenship Law, January 17, 1939 (
RGBl.
I, 1567).

114.
Appointment Statute for Pharmacists of October 8, 1937 (
RGBl.
I, 1118).

115.
Decree of September 1, 1939 (
RGBl.
I, 1567).

116.
Göring, head of the Four Year Plan and chairman at a discussion on the Jewish question at the Reich Air Ministry on November 12, 1938, shorthand transcription (Nuremberg doc. PS-1816; excerpts in Poliakov and Wulf,
Das Dritte Reich und die Juden
[1961], 75 ff).

117.
RGBl.
I, 1580.

118.
RGBl.
I, 45.

119.
RGBl.
I, 823.

120.
RGBl.
I, 713; according to sec. 5, editors-in-chief of newspapers and political journals listed in the Reich German Press Association had to be “citizens of the Reich,” in possession of their civil rights, of Aryan descent, not married to a person of non-Aryan descent, over twenty-one years of age, and qualified to act and contract, as well as possessing the appropriate technical qualifications. They further had to have “the qualities” demanded by a position exerting a moral influence on the public. According to sec. 6, the requirement of Aryan descent was based on the Reich Civil Service Law and its implementing regulations.

121.
See the Film Chamber Law of July 14, 1933,
RGBl.
I, 483 (uniting the German film industry in the “provisional Reich Film Chamber,” which had the status of a corporation in public law with obligatory membership for all filmmakers and distributors and for
all
involved in production, including so-called film creators [secs. 1, 3]); Chamber of Culture Law of September 22, 1933,
RGBl.
I, 661 (creation of the Reich Chamber of Literature, the Reich Press Chamber, the Reich Radio Chamber, the Reich Theater Chamber, the Reich Chamber of Music, and the Reich Chamber of Fine Arts, all of which were brought together with the Reich Film Chamber under the umbrella of the Reich Chamber of Culture [the Reich minister for education of the people and propaganda was empowered to issue regulations] with obligatory membership for everybody active in these fields); Cinema Law of February 16, 1934,
RGBl.
I, 95; Theater Law of May 15, 1934,
RGBl.
I, 411.

122.
RGBl.
I, 179. Second Implementing Order to the Law for the Restoration of the Professional Civil Service, May 4, 1933 (
RGBl.
I, 233—possibility of terminating civil law contracts of service with non-Aryan workers and employees at one month’s notice, with the exception of excombatants). Prohibition against recruiting non-Aryans as workers or employees in the public service (decree of September 28, 1933,
RGBl.
I, 678).

123.
For details see Rohlfing, “Rechtsfragen aus der Zugehörigkeit zur jüdischen Rasse” (1933), 2098 ff.

124.
Law on the Regulation of National Labor, January 24, 1934 (
RGBl.
I, 45): Non-Aryans were not permitted to hold a confidential position or be a works manager or a member of the German Workers’ Front; see also the Law on the Reich Labor Service of June 26, 1935 (
RGBl.
I, 769), with amending law of March 19, 1937 (
RGBl.
I, 327) (no admission of non-Aryans). The Reich Labor Service came under the remit of the Reich Ministry of the Interior (decree of January 30, 1937,
RGBl.
I, 95).

125.
According to the Decree on the Public Welfare of Jews, November 19, 1938 (
RGBl.
I, 1649), Jews were barred from public welfare and directed to Jewish welfare organizations; if these were unable to provide support, the state stepped in.

126.
Law on the Regulation of Employment, May 15, 1934 (
RGBl.
I, 381); see also Siebert, “Die Entwicklung der staatlichen Arbeitsverwaltung” (1942); Siebert,
Die deutsche Arbeitsverfassung
(1942); Syrup, “Gegenwartsaufgaben im Arbeitseinsatz” (1940).

127.
Instruction of the deputy Führer of February 4, 1939, in which Bormann, as chief of staff of the deputy Führer’s office, requested all Party agencies to support the Reich Labor Exchange in this endeavor (Nuremberg doc. PS-1720).

128.
Nuremberg doc. PS-1720.

129.
Decree of March 4, 1939, quoted by Adler,
Der verwaltete Mensch
, 209; see also Reich Criminal Police Department Decree, September 7, 1939 (ibid.), according to which all Jews “granted leave of absence” for the purpose of emigration from the KL (concentration camps) and not passed over were to be “integrated into the work process without delay.”

130.
See ibid., 210 f., for examples.

131.
See decree of March 14, 1941, by the Reich minister of labor (president of the Reich Labor Exchange and Unemployment Insurance) to the presidents of the
Land
Labor Offices, revoked by decree of the Reich minister of labor of April 7, 1941 (Nuremberg doc. NG-363).

132.
Reich Supreme Labor Court,
JW
(1934): 122.

133.
See Noam and Kropat,
Juden vor Gericht
(1975), 81, with numerous examples.

134.
RArbG,
Arbeitsrechtliche Entscheidungen
, 30, 153.

135.
RArbG,
JW
(1937): 2310.

136.
Sec. 103, par. 2, of a draft law on labor relations, drawn up by the Labor Law Committee of the German Law Academy, 1938.

137.
Noam and Kropat,
Juden vor Gericht
, 82.

138.
Ibid., with references; see also 90 ff.

139.
RArbG of November 25, 1933,
DJ
(1934): 229 f. (“Investigation of the importance of the reason for dismissal must always address whether, not only in the mind of the party serving notice, but also in
reality
[original italics], conditions obtain and are confirmed that, in the view of the employee, make continued employment of the individual involved so damaging or threatening to his interests that it cannot reasonably be expected of him; it must thus seek to determine whether the subjective point of view that gives rise to the notice in fact has a substantial objective basis.”

140.
Schäfer, “Anspruch auf Ruhegeld im Arbeitsrecht,” 38; Palandt,
Bürgerliches Gesetzbuch
(1939), sec. 626, explanatory note 3.

141.
Decision of February 28, 1934 (Reich Supreme Labor Court 304/33),
DJ
(1934): 802 ff. (The judgment was not recorded in the official archives of the Reich Labor Court).

142.
Schäfer, “Anspruch auf Ruhegeld im Arbeitsrecht,” 37.

143.
Ibid., referring to the jurisdiction of the
Land
Labor Court, Duisburg, in Dersch, Hueck, Mansfeld, Mende, Nipperdey and Volkmar,
Entscheidungen des Reichsarbeitsgerichts, Arbeitsgerichte und Ehrengerichte
(ARS), 31:104.

144.
Reich Labor Court of March 20, 1937, ARS 29, 291.

145.
Reich Labor Court of February 6, 1937, ARS 29, 298.

146.
The decision of the RArbG referred to above, which still constituted correct application of the law (note 145), was made very early on; the jurisdiction is likely to have become harsher from year to year; points of reference are the decisions cited in notes 145 and 151.

147.
Neumann, “Vom Kaiserhoch zur Austreibung,” 1 ff., 16 ff.

148.
See Noam and Kropat,
Juden vor Gericht
, 83, with many references.

149.
RGBl.
I, 45.

150.
Palandt,
Bürgerliches Gesetzbuch
(1939), introductory note to sec. 620, 3 f.

151.
Leipzig Labor Court, December 21, 1937,
DJ
(1938): 1244. The company sued, a printing firm, had given notice to the Jewish plaintiff, a compositor employed there since 1919, effective October 29, 1937. The reason for serving notice was the imminent participation of the firm in the “Reich industry competition” plus the fear of getting into trouble with the NSDAP and the DAF, which provided most of the orders. The tribunal admitted these factors as justifiable grounds for dismissal but rested its case primarily on the first-named reason.

152.
Schäfer, “Anspruch auf Ruhegeld im Arbeitsrecht,” 38.

153.
For the direct application of these principles, see von der Goltz,
Das arbeitsrechtliche Ruhegehaltsverhältnis als Teil des Arbeitsvertrages
, Festschrift for F. Schlegelberger (
Beiträge zum Recht des neuen Deutschland
) (1936), 312 ff.; for analogous application, see Hauck, ARS 22, 16, and 10, 24; see also Siebert in the discussion of the judgment of September 6, 1935, State Labor Court of Appeals, Hamburg (
JW
[1936]: 751), in
JW
(1936): 752. For a possibility of withholding pension payments, see also Rauchfuß, “Studien zur außerordentlichen Kündigung” (1936), 47 f. n. 3, which draws a distinction according to whether the agreement to pay the pension was made while the work contract was valid or only after its termination.

154.
State Labor Court of Appeals, Königsberg, ARS 4, 113; Reich Labor Court, ARS 22, 5 ff., 13 ff.; 23, 21 ff., 25.

155.
For details see Schäfer, “Anspruch auf Ruhegeld im Arbeitsrecht,” 47 ff.

156.
Decision of September 4, 1940, quoted by Noam and Kropat,
Juden vor Gericht
, 99 f. Vacations “flowed from the employer’s welfare obligations” based on “a relationship of loyalty and welfare” between employer and employee. No such relationship could ever obtain between Aryans and non-Aryans.

157.
Meldungen aus dem Reich
of July 17, 1941, BA R 58/162.

158.
Decision of August 4, 1939, quoted by Noam and Kropat,
Juden vor Gericht
, 98 f.; in the substantiation it was stated that the legislator would doubtless have excluded Jews from continued payment of wages if “the necessity of such a decision had occurred to him.” The law of April 26, 1934 (
RGBl.
I, 337), in fact guaranteed continued payment of salary to all employees, “but since the solution to the Jewish question [had] progressed further, this law too [could] only be interpreted on the basis of current legal thinking.”

159.
RGBl.
I, 675.

160.
RGBl.
I, 681 f. (also quoted in Adler,
Der verwaltete Mensch
, 213 ff.). Regarding implementation of the decree, see Walk,
Als Jude in Breslau
(1975), 77 f.: “All men of 16 to 60 years of age and all women of 16 to 55 must register. They are examined by officially designated [Jewish] doctors and generally made to do heavy work for long hours, often of the most menial type … usually in the suburbs or on the edge of town. Wage: RM 1, from which tram fares, 30 Pf., still have to be deducted…. The treatment of Jewish workers by the owners of the business or other high-ranking personnel … by supervisors, foremen, and other colleagues is almost always irreproachable. They all acknowledge the Jews’ willingness to work and the quality of their work and take into account their lack of dexterity and physical ability”).

161.
Walk,
Als Jude in Breslau
, 15, 24.

162.
RGBl.
I, 2403; details in Frode, “Die Verordnung über den Arbeitsschutz” (1940).

163.
DJ
(1941): 1143.

164.
Regarding the camps, see Auerbach, “Arbeitserziehungslager 1940–1944.”

165.
For details, see Seeber,
Zwangsarbeiter in der faschistischen Kriegswirtschaft
(1964); Adam, “Beschäftigung ausländischer Arbeitskräfte” (1941).

166.
Vol. 9 of
Documenta Occupationis
, “Polo
enie polskich robotników przymusowych w Rzeszy 1939–1945” (The situation of Polish forced laborers in the Reich, 1939–1945), Pozna
, 1975; and vol. 10, “Praca przymusowa polaków pod panowaniem hitlerowskim” (Enforced Labor of the Poles under Hitlerian domination), Posna
, 1976, appeared just as the present work [the German first edition—Trans.] was completed (summer 1975). These volumes contained previously unpublished regulations and instructions by local police authorities, as well as publications dealing with the treatment of the Polish workforce, internal memoranda between authorities, etc., which it was too late to take into consideration in the German edition of this book.