Закрепление права на труд в нормативных правовых актах Восточной Германии в 1945–1990 гг.

Abstract

The Constitutions of the states and provinces that were part of the Soviet occupation zone of Germany can be divided into two groups. The Constitutions of Saxony-Anhalt, Mecklenburg and Saxony included a section on basic rights, and also enshrined the right to work. In contrast, the Constitutions of Thuringia and Brandenburg contained neither a section on basic rights nor the right to work. While considering the period 1945-1949 attention should also be paid to the acts of both the Soviet Military Administration in Germany and the German authorities, which, among other things, were aimed at overcoming unemployment, secured the right to form trade unions, regulated the content of the collective agreement, and established measures to improve occupational safety. In the Constitution of the German Democratic Republic of 1949 the right to work was enshrined in Article 15. At the same time, the text of this article shows clear similarities with the norms of the Weimar Constitution, as well as the Constitutions of Saxony-Anhalt, Mecklenburg and Saxony. In the GDR Constitution of 1968, the right to work is enshrined in Article 24. The basic right to work was developed by the provisions of such acts as the Labor Law of 1950, the Labor Code of 1961 and the Labor Code of the GDR of 1977. The GDR Constitution of 1968 and the GDR Labor Code of 1977 establish a legal duty to work. At the same time, in earlier normative legal acts, in particular in the Labor Code of 1961, this duty was characterized by the legislator as moral.