Handicraft law; information on administrative offences

The law on skilled crafts is regulated in the Crafts Code. Among other things, it contains provisions on professional licensing, professional practice, vocational training in the skilled crafts and the tasks of the skilled crafts organizations. The responsibilities for administrative offenses are regulated separately.

Description

The law on crafts regulated in the Crafts Code (HwO) covers 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: Organization of the Craft
V. Part: Fines, transitional and final regulations

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 Handicrafts Code in conjunction with. § 2 Competence Ordinance to the Crafts Code)
  • Competence of the district administrative authority for administrative offences under the Crafts Code, e.g. unauthorized craft activity, use of the training title of master craftsman/mistress contrary to the provisions of the Crafts Code, failure to report, or failure to report correctly, completely or on time, as well as other administrative offences in the area of apprentice recruitment or training (Sections 117, 118 Crafts Code in conjunction with Section 36 (2) of the Act on Administrative Offences, Section 89 No. 1 Ordinance on Competence)
  • Competence of the district administrative authority for the prosecution and punishment of administrative offences under the Act on Combating Clandestine Employment in the case of undeclared work through unauthorized practice of crafts (§ 8 para. 1 no. 1 e), § 2 para. 3 no. 2 Act on Combating Clandestine Employment in conjunction with. §§ Section 36 (2) of the Act on Administrative Offences, Section 89 No. 1 of the Ordinance on Jurisdiction).

Fees

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

Status: 29.08.2022

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

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