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Germany (territory Allied occupation, 1945-1955 : U.S. Zone). Office of Military Government. Civil Administration Division. / Denazification, cumulative review. Report, 1 April 1947-30 April 1948.
(1948)
Military Government- Germany, United States Zone, law No. 8 (prohibition of employment of members of Nazi party in positions in business other than ordinary labor and for other purposes) and regulation No. 1 under the law, 26 September 1945, pp. 49-51
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Page 51
DENAZIFICATION d. The term "ordinary labor" means work or service, whether skilled, unskilled or clerical, in an inferior position in which the worker does not act in any supervisory, managerial or organizing capacity whatsoever, or participate in hiring or discharging others, or in setting employment or other policies. e. The term "business enterprise" means any individual, partnership, association, corporation, or other organization engaged in commercial or other business or public welfare activities, but does not include farms, governmental agencies and public bodies. 3. Registration of Employees. Each business enterprise shall submit by 20 October 1945 to the local Labor Office having jurisdiction over the district in -which the principal place of the business enterprise is situated a list of all employees other than those employed in ordinary labor who are retained or removed together with a statement of the membership, if any, of each in the Nazi Party or its affiliate or- ganizations. Similar reports shall be filed by each business enter- prise on the 10th day of each following month with respect to persons employed during the preceding month. The local labor office shall also confirm or supplement such lists through recog- nized employee organizations. 4. Procedure on Appeals. a. Any person who claims that he has been unjustly dis- charged or refused employment under Law No. 8 may appeal to the Oberbtirgermeister of the Stadtkreis or the Landrat of the Landkreis in which the principal place of proposed employment is located. The appeal shall be supported by facts to indicate that the appelant was only a nominal Nazi and did not actively engage in the activities of the Nazi Party or its affiliate organizations. The appeal must be accompanied by a completed Fragebogen executed and signed by the appellant, together with a certification by the employer or prospective employer in the space provided thereon. b. Appeals shall be heard in the first instance by a review board established by the Oberburgermeister or Landrat with the approval and under the supervision of Military Government. c. The findings of the review board are submitted to Military Government for final determination of the appeal. However in case the review board finds that the appellant is disqualified under Law No 8 its decision is final, unless the appellant advises the OberbUrgermeister or Landrat that he requests a decision by Mili- tary Government. d. Pending the determination of an appeal, Military Govern- ment may issue temporary and revocable authorizations to doc- tors or other specialists to engage in professional or similar activ- ities to the extent that their personal services are necessary for the health or safety of the community provided the OberbUrger- meister or Landrat certifies that said action is required in order to maintain public health or safety in the district. In any such case the amount of the compensation shall be determined by the OberbUrgermeister or Landrat, subject to review by Military Government. BY ORDER OF' MILITARY GOVERNMENT. APRIL 1948 - 51 -
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