Hand and clamping services
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 .
The following compulsory services are not considered forced labor:
- a compulsory service in the military and related alternative military services such as the civil service and the military at similar or paramilitary equipment
- usual civic duties such as compulsory service in a compulsory or militia fire brigade
- work in the penal system
- Necessary work in cases of force majeure, for example mandatory clean-up work after natural disasters ( dike assistance ) or the civil service of certain professional groups, such as doctors, truck drivers, etc. in exceptional economic situations
- Work that serves the immediate good of the community, such as manual and tension services in small communities.
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
- Citizen work
- Border guard duty
- Compulsory fire brigade
- Compulsory year
- Scharwerk
- Compulsory social year
- Waystone
- Workfare
- Civil service
literature
- Hand and clamping services - I have no shovel . In: Der Spiegel . No. 40 , 1954 ( online - 29 September 1954 ).
- War Achievements Act. June 13, 1873. ( Wikisource )
Web links
- Municipality of Winsen (Aller) : Complete success with manual and clamping service for rural road construction in Wolthausen and Wittbeck 2015 . 3rd July 2015
Individual evidence
- ^ The Municipal Tax Act of July 14, 1893 . Comment. Berlin 1894. Text archive - Internet Archive
- ↑ https://bad-sobernheim.de/files/pdf/685/sz-langenthal-03.pdf
- ↑ a b ILO Convention 29 on Forced and Compulsory Labor 1930 ( Memento of June 4, 2011 in the Internet Archive )
- ↑ https://www.ilo.org/global/lang--en/index.htm
- ↑ https://dejure.org/gesetze/GemO/10.html
- ↑ Art. 12 GG pdf - Summary Public Law - StuDocu
- ↑ Municipal code in the version of July 24, 2000. In: GBl. , P. 582, ber. 698
- ↑ Municipal Code for the Free State of Bavaria (Municipal Code - GO) in the version published on August 22, 1998. In: GVBl , 1998, p. 796
- ↑ https://www.bundestag.de/resource/blob/407420/5583ee4b1b59e96ab642cf8336224773/wf-iii-039-02-pdf-data.pdf
- ↑ https://www.juraforum.de/lexikon/hand-und-spanndienste
- ↑ Municipal finance and municipal economy in the Google book search
- ↑ Hand and clamping services - I have no shovel . In: Der Spiegel . No. 40 , 1954 ( online - 29 September 1954 ).
- ↑ http://www.rechtslexikon.net/d/hand-und-spanndienste/hand-und-spanndienste.htm
- ↑ https://winsenaller.de/wissenswertes/news/news-ansicht/news/hand-und-spanndienst-2019-in-wolthausen-und-wittbeck.html
- ↑ https://winsenaller.de/suchverbindungen.html?tx_indexedsearch_pi2%5Baction%5D=search&tx_indexedsearch_pi2%5Bcontroller%5D=Search&cHash=41e58604990397c93c725ed602a8c745
