Night baking ban

from Wikipedia, the free encyclopedia

As a night baking ban , a legal provision became known that prohibited work in bakeries and confectioneries at certain times of the night.

Germany

Regulations until 1945

The night baking ban in the Federal Republic of Germany goes back to the announcement on the preparation of baked goods of the Federal Council of January 5, 1915, in which it was stated in § 9: "All work that serves to prepare baked goods is in bakeries and pastry shops, too if this is only a secondary operation, it is forbidden from 7:00 in the evening to 7:00 in the morning. ”This provision was initially justified for the food industry, it was intended to reduce the production of baked goods and thus increase the grain stocks. The regulation was then also included in the ordinance of the People's Representative on working hours in bakeries and confectioneries of 23 November 1918 ( Reichsgesetzblatt (RGBl.) P. 1329). In line with the socio-political changes at the time, the eight-hour day was also introduced. This should protect those employed in bakeries from exceeding their working hours and night work that is harmful to health.

Even later, the night baking ban was retained, mainly for socio-political reasons (cf. law of July 16, 1927 [RGBl. I p. 183]; Regulation of the President of the Reich of June 5, 1931 [RGBl. I p. 279 [298]]; law of March 26, 1934 [RGBl. I p. 245]; Law of September 26, 1934 [RGBl. I p. 859]). The changes after 1918 mainly related to the start of working hours (change between 6 a.m. and 4 a.m.). Finally, in the law on working hours in bakeries and pastry shops (BAZG for short) of June 29, 1936 (RGBl. I p. 521) - that in the version of the ordinance of April 30, 1938 (RGBl. I p. 446), too For the Federal Republic of Germany, a compromise was anchored, which set the start of work at 4 a.m. “while deferring considerable socio-political concerns” in order to take into account the wishes of the population for fresh baked goods and the demands of the bakery trade for an extension of the time between the start of work and the start of delivery (see justification for the BAZG of June 29, 1936 in the Deutsches Reichsanzeiger and Prussian State Gazette 1936 No. 150, p. 1, and partly already in the official justification for the law of September 26, 1934 in the RArbBl. 1934 I p. 238 ).

Federal Republic of Germany until 1990

The last applicable regulations on the night baking ban are based on the law passed by the German Bundestag amending the law on working hours in bakeries and confectioners of 23 July 1969 ( Federal Law Gazette I p. 937 ). Sections 5 and 7 of this law stipulated that any activity was prohibited in rooms used for the production of bread , rolls and biscuits between 10:00 p.m. and 4:00 a.m. : 45 o'clock could not be delivered.

In response to a constitutional complaint from a master baker, the Federal Constitutional Court ruled in 1968 that the restriction of professional freedom through the ban on night baking was constitutional. In 1976 the Federal Constitutional Court reaffirmed the legality of the regulation.

GDR until 1990

In the GDR there was no night baking ban, it was baked at night without restrictions. So it came about that in 1968 the Hanoverian entrepreneur Hans-Joachim Ermeler negotiated with the East Berlin company Intrac , a company in the “ Commercial Coordination ” division, about the delivery of 60,000 rolls per night. This circumvention of the federal German night baking ban was associated with an annual turnover of approx. 1 million " Westmarks " and so Intrac let it be known that a cooperation was possible. It was finally agreed on a delivery of 15,000 bread rolls per night, which were baked in the Magdeburg area.

Germany since 1990

With the amendment of the shop closing act on November 1, 1996, work in bakeries and confectioneries was also reorganized. Since then, as for all other companies in Germany, the provisions of the Working Hours Act, which also regulates night work , have applied here. The night baking ban was thus lifted. An exception for bakeries remained, however: While the period between 11:00 p.m. and 6:00 a.m. is generally defined as nighttime, this applies to the period from 10:00 p.m. to 5:00 a.m.

Austria

In Austria, a night baking ban was in effect until 1975. According to the responsible ministry, the repeal in that year led to constant night work in all areas of the baking industry and also to a significant shift in production from the bakery to the bakery industry.

literature

  • Georg Bernheim: The night baking ban as a problem of economic policy. Dissertation, Tübingen 1927.

Individual evidence

  1. ↑ BVerfGE 23, 50 - Ban on night baking I
  2. ↑ BVerfGE 41, 360 - Ban on night baking II
  3. ^ Debate about the ban on night baking on the website of the NGG trade union. Accessed September 7, 2016.
  4. ↑ BVerfGE 87, 363 - Ban on Sunday baking, para. 44