Hand and clamping services

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Road stones from driving in the district of Plön , which indicated who was responsible for the maintenance of a path or a road
Wegestein in Doberschütz (Malschwitz) with the dates 1729, 1847, 1930 and the initials CS and DS (flower bowl not part of the monument)

Manual and tensioning services , more contemporary also called (compulsory) community services , are natural services to reduce cash community taxes . They oblige the community citizens to certain physical work, which can be summarized under the historical term Frondienst . In Germany, they are based on the Prussian Municipal Tax Act of July 14, 1893.

Types of natural services

There are

  • Hand services : The conscript has to do work with his own hand.
  • Tensioning or carriage services (in the historical context of harnessing the draft animals): The conscript has to provide a team or wagon ( draft cattle and harness). Currently, natural or legal persons of a municipality can be used to provide services with the trucks and tractors of their agricultural or commercial operations.
  • Boat services : construction of structures, construction of roads, moats and land weirs , clearing

Manual and clamping services are often done in the service of the general public. This can be, for example, the setting of stone bridges in the fields, the maintenance of dams or the construction of farm roads and country roads. The necessary materials (stones, wood, etc.) are usually provided by the authorities.

Manual and clamping services today

International agreements

Manual and clamping services or community services are exempt from the ban on forced labor . Obligatory services and work are fundamentally prohibited by international agreements; certain mandatory services are exempted from this prohibition within defined limits. For example, it is an exception in the Convention on Forced and Compulsory Labor of the International Labor Organization (ILO) from 1930 and in Article 4 of the European Convention on Human Rights .

States that have signed the ILO Convention on the Abolition of Forced Labor from 1957

The following compulsory services are not considered forced labor:

Legal requirements in Germany

Manual and clamping services are still possible today, regulated by provisions in the Basic Law and by municipal regulations in Germany. Under certain circumstances, municipalities can oblige their residents to provide manual and tension services or municipal services, also known as natural services or "traditional duties" (cf., for example, Section 10 (5) GemO - BW or Article 24 (1) no. 4 GemO- BY .) These are public service obligations within the meaning of Article 12, Paragraph 2 of the Basic Law , which do not violate the prohibition of forced labor . Therefore, the Basic Law sets strict requirements for the admissibility of manual and clamping services:

  • Conventionality: the benefits in kind are intended to make it easier for the local population to pay taxes
  • General public: in principle, every community member is obliged to bear the community burdens
  • Equality: Orientation towards the "idea of ​​justice"

In the 1950s, manual and clamping services were still quite common in some rural regions. Even today manual and clamping services are carried out in a few, small communities, such as once a year in the Lower Saxony community of Winsen (Aller) .

See also


Web links

Individual evidence

  1. ^ The Municipal Tax Act of July 14, 1893 . Comment. Berlin 1894. Text archive - Internet Archive
  2. https://bad-sobernheim.de/files/pdf/685/sz-langenthal-03.pdf
  3. a b ILO Convention 29 on Forced and Compulsory Labor 1930 ( Memento of June 4, 2011 in the Internet Archive )
  4. https://www.ilo.org/global/lang--en/index.htm
  5. https://dejure.org/gesetze/GemO/10.html
  6. Art. 12 GG pdf - Summary Public Law - StuDocu
  7. Municipal code in the version of July 24, 2000. In: GBl. , P. 582, ber. 698
  8. Municipal Code for the Free State of Bavaria (Municipal Code - GO) in the version published on August 22, 1998. In: GVBl , 1998, p. 796
  9. https://www.bundestag.de/resource/blob/407420/5583ee4b1b59e96ab642cf8336224773/wf-iii-039-02-pdf-data.pdf
  10. https://www.juraforum.de/lexikon/hand-und-spanndienste
  11. Municipal finance and municipal economy in the Google book search
  12. Hand and clamping services - I have no shovel . In: Der Spiegel . No. 40 , 1954 ( online - 29 September 1954 ).
  13. http://www.rechtslexikon.net/d/hand-und-spanndienste/hand-und-spanndienste.htm
  14. https://winsenaller.de/wissenswertes/news/news-ansicht/news/hand-und-spanndienst-2019-in-wolthausen-und-wittbeck.html
  15. https://winsenaller.de/suchverbindungen.html?tx_indexedsearch_pi2%5Baction%5D=search&tx_indexedsearch_pi2%5Bcontroller%5D=Search&cHash=41e58604990397c93c725ed602a8c745