Handicraft law; information on administrative offences

The law on crafts is regulated in the Crafts Code. There you will find, among other things, provisions on professional licensing, professional practice, vocational training in the skilled crafts and on the tasks of the skilled crafts organisations. The responsibilities for administrative offences are regulated separately.

Description

The law on crafts regulated in the Crafts Code (HwO) comprises the following areas:

I. Part: Exercise of a craft and a craft-like trade
II. Part: Vocational training in the craft
III. Part: Master craftsman examination, master craftsman title
IV. Part: Organisation of the skilled crafts
V. Part: Regulations on fines, transitional and final provisions

The responsibilities for administrative offences under craft law are regulated as follows:

  • Competence of the district administrative authority to prohibit the continuation of an independent business of a craft subject to licensing that is carried out contrary to the provisions of the Handicrafts Code (§ 16 Para. 3 HHandicrafts Code in conjunction with. § 2 Competence Ordinance on the Handicrafts Code)
  • Competence of the district administrative authority for administrative offences under craft law, e.g. unauthorised craft activity, use of the training title of master craftsperson contrary to the provisions of craft law, failure to report, or failure to report correctly, completely or in good time, as well as other administrative offences in the area of apprentice recruitment or training (Sections 117, 118 of the Crafts Code in conjunction with Section 36 (2) of the Act on Administrative Offences, Section 89 No. 1 of the Ordinance on Competence).
  • Competence of the district administrative authority to prosecute and punish administrative offences under the Act to Combat Clandestine Employment in the case of undeclared work through the unauthorised practice of craft trades (section 8(1)(1)(e), section 2(3)(2) Act to Combat Clandestine Employment in conjunction with Section 36(2) of the Administrative Offences Act, Section 89(1) of the Ordinance on Jurisdiction).

Fees

  • for the prohibition of the business according to § 16 Abs. 3 HwO: 50 to 500 €

Status: 18.08.2021

Responsible for editing: Bayerisches Staatsministerium für Wirtschaft, Landesentwicklung und Energie

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