Decree that all persons in the occupied eastern territories are to be subject to compulsory work, with a special provision to be prepared for Jews

[P. 6.] Ill Ba 5 Wirtschaft Arbeitseinsatz Das Recht des besetzen Ostgebiete
Order concerning the introduction of compulsory work in the occupied Eastern Territories
dated 19th December 1941 (Official Gazette, Reich Ministry for the Occupied Eastern Territories p. 5) in terms of the revised Order dated 27th August 1942 (Official Gazette, Reich Ministry for the occupied Eastern Territories p. 72).
Introduction '
As in the Reich, a development in the employment situation occurred in the occupied Eastern Territories, even in a comparatively short time, from widespread unemployment at first, to today's high figures of employment. It is therefore possible to make the legal status similar to the legislation of the Reich with due regard to local conditions at the time.
In order that work in the war-industry of the Reich may not be impeded by a lack of labour, first, compulsory work itself was brought in by the Order set out below, which at the same time made a framework for further measures to be taken by the Reich commissars.
The order read as follows: '
By virtue of section 8 of the Fuehrer Edict on the administra-
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tion of the newly-occupied Eastern Territories dated 17th July 1941, I decree the following:
1. (1) All inhabitants of the occupied Eastern Territories are subject to the public liability for compulsory work, according to their capability for work.
(2) The Reich Commissars can increase or restrict the
liability for compulsory work in regard to specific groups of the population. .
(3) A special ruling is drawn up for Jews.
1. By the Order revising the Order concerning the introduction of compulsory work in the Occupied Eastern Territories, dated 27, 8.42, (Official Gazette, Reich Ministry for the Occupied Eastern Territories p. 72) liability for compulsory work was extended to affect every inhabitant of the Occupied Eastern Territories. In the original terms of section 1, liability for compulsory work was restricted to persons between the ages of 18 and 45.
2. No special regulation on compulsory work for Jews has been made owing to the fact that all Jews capable of working are already in actual employment and also that the liability for compulsory work itself has been extended to include every inhabitant of the Occupied Eastern Territories, according to his capability for work.
2. Persons who can prove permanent employment in some kind of work useful to the community are to remain unaffected by the public liability for compulsory work.
3. (1) They will be paid according to rates which are considered just. -(2) As far as this may be possible, the welfare of the compulsory workers and of their families will be attended to.
4. (1) The Reich Commissars will issue the instructions required for the execution of this order.
(2) Contraventions of this order and of the instructions issued for its execution, will be punished by penal servitude or imprisonment. The special courts are competent to pass judgment.
c.f. 1st Order, issued by the Reich Commissar for the Eastern Territories (Ostland) for the execution of the order concerning the introduction of compulsory work in the Occupied Eastern Territories, dated 25.1.43 (0. Ill Ba 5ffi. Slg.) and 1st, 2nd and 3rd Order issued by the Reich Commissar for the Ukraine for the execution of the Order concerning the introduction of compulsory
744400—47—28
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work, dated 28.7.42 (U. Ill ba Ld. Slg.), 11.5.42 (U III Ba l2d. Slg.) and 16.11.42 (U III Ba Pd. Slg.)
Berlin 19th December 1941.
Reich Minister for the Occupied Eastern Territories (RR Dr. Schuenicke)
[P. 7.] Arbeitseinsatz. Wirtschaft III Ba 51
First Order for the execution of the Order concerning the introduction of compulsory work in the Occupied Eastern Territories dated 25th January 1943 (Official Gazette, Reich Commisseriat of the Eastern Territories p. 3)
By virtue of section 4 of the Order issued by the Reich Minister for the Occupied Eastern' Territories concerning the introduction of compulsory work in the Occupied Eastern Territories, dated 19th December 1941 (Official Gazette, Reich Ministry for the Occupied Eastern Territories 1942 p. 5) I decree:
1. (1) All work in the public interest comes under the heading of public compulsory work, especially work in the armament industry, in agriculture, in public building-work above and below ground and hydraulic construction work, erection and maintenance of public buildings, construction and maintenance of roads, waterways and railways, maintenance of drains and work on the development of the country [Landeskultur].
(2) Those liable for compulsory work must be reinstructed, undergo training or attend courses, when required to by the Area Commissar—Labour department.
(3) Even work undertaken outside the Reich Commissariat of the Occupied Eastern Territories can be included as compulsory work.
The legal basis, justifying the conscription for native labor outside the Occupied Eastern Territories, is given in the Order concerning the conscription of labor for the areas outside the Occupied Eastern Territories, dated 12.12.41 (0 III Ba 4 d. Slg).
2. (1) Those liable for compulsory work are to be employed in work most suited to their knowledge and capabilities.
(2) Anyone capable of working is liable for compulsory
work.
(3) Anyone not fully capable of working is subject to the liability for compulsory work to the extent of his capability.
3. (1) Those liable for compulsory work are directed into
employment by the competent Area Commissar (Labour department) of the permanent or temporary place of residence.
(2) The Area Commissar (Labour department) can make
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district and municipal leaders responsible for seeing that compulsory workers take up compulsory employment.
(3) When the compulsory worker is directed to start work, he is to be given—a certificate of obligation by the competent Area Commissar (Labour department).
4. Those liable for compulsory work are paid according to the local pay regulations applicable to the conditions of work which are in force.
5. (1) The duration of liability for compulsory work will be determined by the Area Commissar (Labour department). It can be limited, from the start to a specific period. Liability for compulsory work of an indefinite period can cease only with the permission of the competent Area Commissar (Labour department) of the place of work.
(2) In so far as work is undertaken outside the Reich Commissariat of the Eastern Territories, the instructions applicable to that place of work, are valid.
With reference to the terms of employment and treatment within the Reich, however, differentiation must be made between subjects of the former three Baltic States, Esthonia, Latvia and Lithuania and inhabitants of the General district of White Russia. So far as there are no special regulations for foreign workers, the terms of employment for comparable racial Germans apply also to the subjects of the foreign three Baltic states, as from 1.1.43, after the discontinuation of the 15% pay levelling duty [Lohnausgleichabgabe]. There are no essential restrictions in accommodation and treatment.
On the other hand, the so-called Eastern workers including also the White Russians, have conditions of employment of a special kind to which the German regulations of employment rights and employment protection rights apply only in so far as this is spe- cifically decreed. As payment for their labour, they receive according to their capability a graduated rate of pay in accordance with the Order concerning the conditions of employment for Eastern workers dated 30.6.42 (RGB1. I pp. 419/24). In addition the heads of factories must pay an Eastern worker's tax according to a legally established table of rates; owing to this, however, the payment of income tax within the German Reich ceases. Accommodation and food is arranged for by the heads of the factories who also make the appropriate charges according to the established rates.
6. (1) The compulsory worker must comply with all measures necessary to the commencement of his work.
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(2) When required to do so by the Area Commissar (Labour department) he must above all :
1. appear in person with all his personal papers and give all relevant information about himself.
2. to make use in his work of any effects in his possession which can be used in the course of his work (e.g. hand tools, working clothes).
7. No deputizing is allowed in complying with the liability for compulsory work.
8. (1) Anyone failing to comply with the terms of the Executive Order will be punishable under section 4 of the Order issued by the Reich Minister for the Occupied Eastern Territories, concerning the introduction of compulsory work in the Occupied Eastern Territories, dated 19th December 1941 (Official Gazette, Reich Ministry for the Occupied Eastern Territories 1942 p. 5).
(2) Likewise, anyone undertaking to hinder others in the fulfflling of the obligations set out in this Executive Order, will be punished.
(3) Punishment can be inflicted only by order of the Area Commissar (Labour department).
9. In place of inflicting a penalty in the terms of section 8, the Area Commissar can decide on a punishment of 6 weeks in a Forced Labour Camp.
10. This Order comes into force on 1st February 1943. Riga 25th January 1943
Reich Commissar for the Eastern Territories (RR Dr. Schuenicke)