Trade and crafts code of Germany
The Law on the Regulation of the craft (short Handwerksordnung or HwO or HandwO ) is a German law and constitutes an economic administrative law. It regulates the craft exercise in the standing commercial, vocational education and training in the craft, as well as the self-management of the sector. The craft order is a special law for Trade Regulation and in respect of provisions for vocational training in crafts a special law to the Vocational Training Act.
- 2.1 craft law amendment in 1965
- 2.2 craft law amendment in 1994
- 2.3 craft law amendment in 1998
- 2.4 craft law as amended in 2004
Regulatory content
Part 1: the exercise of a skilled trade or similar business
The Crafts Code distinguishes between zulassungspflichtigem crafts, admission free crafts and craft -type commercial.
Regulated crafts
The accredited trades are listed in the Appendix A of the HwO. The autonomous operation of an accredited crafts handicrafts, crafts in operation as a standing industry is only the registered in the Handicrafts natural and legal persons and partnerships permitted (§ 1 para 1 HwOVorlage: § / Maintenance / buzer ). The craft role is performed by the respective Chamber of Crafts ( § 6 paragraph 1 HwOVorlage: § / Maintenance / buzer ). About the entry into the trades, the Chamber of Crafts, a craft card ( § 10 paragraph 2 HwOVorlage: § / Maintenance / buzer ).
Prerequisite for entry into the trades is the proof of qualification. As proof of qualification shall be the master craftsman for the appropriate craft. Graduates of universities and colleges can be entered under certain conditions in the trades (§ 7 HwOVorlage: § / Maintenance / buzer ). Further, operator of an accredited trades are entered in the trades for other crafts, if they can demonstrate the necessary knowledge and skills ( § 7a HwOVorlage: § / Maintenance / buzer ).
In addition, entries can be made in the trades regarding exemptions. As a result of exercising authority ( § 7b HwOVorlage: § / Maintenance / buzer ) a journeyman them for four years in a managerial position ( can be entered into the trades, if he has practiced in the licensed trades an activity of a total of six years, this possibility does not exist for chimney sweeps, opticians, hearing care, orthopedic technicians, orthopedic shoe technicians and dental technicians ). Exemptions ( § 8 HwOVorlage: § / Maintenance / buzer ) may be granted if the applicant there is an exceptional reason and proving the required knowledge and skills. Even candidates from other EU / EEA countries can, under certain conditions obtain exemptions ( § 9 HwOVorlage: § / Maintenance / buzer ). The Constitutional Court has a generous (not narrow-minded ) applying the exemptions.
Eligibility and proportionality of the requirements for independence in the licensed trades is discussed under the terms Champion duty master constraint or Big qualification.
Without registration in the trades essential activities of an accredited trades in significant artisanal secondary operation may be performed, and in the auxiliary operating these activities (§ § 2-3 HwOVorlage: § / Maintenance / buzer ) may be executed as long as these services are not provided to third parties. Next craft services ( no standing because commercial ) can be provided without entry into the trades in the travel trade. In the trades registered companies also essential activities of another craft may undertake, if those activities to its own business complements economically. Also not allowed significant activities ( within the meaning of § 1 paragraph 2 HwOVorlage: § / Maintenance / buzer ) without being registered to run in the trades.
If the essential activities of an accredited trades in the standing commercial executed without registration in the trades, the competent authority may, in accordance with § 16 HwOVorlage: § / prohibit Maintenance / buzer continued operation if before the competent Chamber of Crafts and the competent industry and commerce in a have notified joint statement that they consider the conditions for prohibition as given.
§ 17 HwOVorlage: § / Maintenance / buzer acknowledges the chambers of crafts extensive testing and Betretungsrechte at the registered or to be entered in the handicrafts factories a. At least the right of access, the Federal Constitutional Court largely curtailed.
Admission Free crafts and craft -type commercial
The operation of a license-free trades and crafts of a similar business must be notified to the competent Chamber of Crafts. The Chamber maintains a list of persons established in their chamber operating businesses.
The license-free trades are listed in the Appendix B1 of the HwO. These crafts were to craft law as amended in 2004 or in Annex A and therefore masterpiece formerly subject.
The craft related trades are listed in the Annex B2 of HwO. These businesses were mandated by the crafts law amendment in 1965 the administration of the Chamber of Crafts.
Part 2: Training in the craft
Vocational training is organized in craft as dual training. The Federal Ministry of Economic Affairs may issue training regulations. The Chamber has the task to maintain a record of training contracts and monitor the training and promote. To remove the journeyman's examinations establishes the Chamber of Crafts audit committees. Also for the professional development, the Federal Ministry of Economic Affairs may adopt ordinances. If this is not done, the chambers of crafts may adopt training examination regulations.
Part 3: master craftsman, master title
The Federal Economics Ministry may on the basis of § 45 HwOVorlage: adopted § / Maintenance / buzer master's examination regulations. A master craftsman Regulation determines the master craftsman professional image of the respective craft. The word monster master craftsman professional picture was taken at the craft law amendment in 1998 in the Crafts Code in order to make clear that the master's examination regulations no demarcation of the essential for the craft activities ( within the meaning of § 1 paragraph 2 HwOVorlage: § / Maintenance / buzer ) determine.
When adopting a master craftsman Regulation for Regulated trades must be considered that the master craftsman Regulation engages in professional freedom. The master test shall not be unreasonably difficult.
Master exams are conducted by the state champion audit committees (located at the respective Chamber of Crafts ). Participation is open to people with a journeyman's examination in the respective ( or a related ) craft or persons who have passed an exam in a recognized occupation.
Part 4: Organization of the craft
This part governs the self-government of the craft. Craft guilds, District Trade machinations and craft associations are public bodies. Guild associations - the merger of craft guilds of the same trade or technically or economically of related crafts in a larger area - are legal entities under private law.
One of the statutory functions of the guilds in particular is one of the regulation and supervision of the apprenticeship, including the implementation of journeyman's examinations in accordance with the provisions of the chambers of crafts. Craft guilds can conclude collective agreements, if such report is not closed by the Guild Association. Membership in the guilds is voluntary and is available to owners of farms of each craft or the craft or a similar business for which the craft guild is formed, open. In the guilds on employee involvement are set up on the self-management journeyman committees.
The craft guilds, which have their registered office in a city or county, form the Kreishandwerkerschaft; it supports the guilds and the Chamber of Crafts.
The Craft Chambers lead the trades and the lists of license-free crafts or craft -type commercial. They regulate the professional training, adopt the master's examination regulations and conduct the business of the master's examination committees. Meanwhile, the crafts chambers are also responsible for the issuing of exercise privileges and exemptions in all states.
The members of a chamber of trade are registered in the Handicrafts and in the directories for license-free crafts and crafts related businesses and, under certain conditions, people who perform independent non-essential activities of a craft within the meaning of § 1, paragraph 2, sentence 2 No. 1 HwO ( § 90 HwOVorlage: § / maintenance / buzer ). The members of the Chamber of Crafts control this through the General Assembly.
One third of the members must be fellows or other employees who have completed vocational training who are employed in the operation of a trade Annex A or Annex B of the operation of a trade. The members of the Assembly were almost always chosen in the past in so-called peace elections.
The requirement to join the Chamber of Crafts is repeatedly criticized by the term compulsory membership or chamber coercion.
Part 5: fine, transitional and final provisions
Administrative offense, who is a registrable Handicraft factory in standing commercial without registration in the trades operates ( § 1 in conjunction with § 117 No. 1 HwOVorlage: § / Maintenance / buzer ). In a considerable extent this may be followed as moonlighting. Also guiding the league title without the master craftsman examination is subject to civil dar. Next, violations of training provisions is punishable as offenses ( § 1 para 118 HwOVorlage: § / Maintenance / buzer ).
Facilities
The craft regulations are attached to several systems:
- Appendix A presents a list of business that can be operated as a Regulated crafts.
- Appendix B is a list of the sector as a license-free trades (B1) and craft -type commercial (B2 ) can be operated.
- Appendix C is the choice of procedure for the election of the members of the General Assembly of the Chambers of Crafts.
- Appendix D is the specification of the type of registered in the Handicrafts personal data and the data in the directory owner of the license-free crafts and the data in the apprentice role.
Crafts law amendments
Crafts law amendment in 1965
With the craft amendment of 16 September 1965, the craft -type commercial were (then Appendix B) included in the Crafts Code. Exemptions could be granted from this amendment also for significant parts of the activities of a craft. The Ministry of Economy is authorized to adopt rules for the issuance of special permits for citizens of other EU countries by way of ordinance. A minority in the Bundestag could not prevail with the proposal to occupy the General Assembly of the Chamber of Crafts of equal numbers of representatives of employers and workers - it remained at one third of the members of the journeymen.
Crafts law amendment in 1994
Objective of the crafts law amendment from 1 January 1994 was to improve the ability to one-stop services. For this, the " manager 's privilege" was expanded. So allowed in the trades registered companies now also works by foreign craftsmen perform when their own economic activities complete (§ 5 HwOVorlage: § / Maintenance / buzer ). Upon proof of required skills a manager can be registered in the trades for additional crafts. Further, the definition of " related crafts " has been extended (§ 7 HwOVorlage: § / Maintenance / buzer ) as well as access for applicants from other EU countries (§ § 8, 9 HwOVorlage: § / Maintenance / buzer ) and EWG/ERW- craftsman Regulation ) erleichtertet. Furthermore, the rights of workers have been improved in the self-government of the craft and taken Privacy Policy.
Crafts law amendment in 1998
Core of the craft law amendment from 1 April 1998 was the revision of Appendix A, the Crafts Code - the list of champions paid professions. The goal was - as it did in 1994 - to allow " more services from one source ." To this end, various crafts were merged. Public merging of radio and television technician with the office machine mechanic was discussed for information technicians here intense. Dispute was about the conditions under which computer shops must have an entry in the trades. Here, the legislature has made it clear that the execution of a " structured cabling " no registration required. The scaffolders was added to the A system. From the plant to the list of craft -type commercial example of Glover or Stricker was transferred. In addition, relationships between crafts were created. The possibility for a foreman Exemptions ( § 8 HwOVorlage: § / Maintenance / buzer ) to obtain, was facilitated.
The monopoly of the Federal Government criticized that the craft novels had in 1994 and 1998 caused no significant market openings.
Crafts law as amended in 2004
Under Agenda 2010, the Crafts Code was " significant " reformed for the first time since its entry into force in 1953. The aim was to facilitate business creation and job creation and reduce discrimination against nationals by the master constraint. The Federal Government had doubts whether the previous constitutional justification for the subjective career barrier to entry still carries (the " preservation of the performance level and the performance of the trades, and the security of the next generation for the entire industrial economy "). Therefore, the Appendix A of the Crafts Code should be limited to the circle of crafts, if exercised threats to the health or life of others may occur. Thus, the artisan qualification should be constitutionally safeguarded better. The amendment came into force on 1 January 2004.
In order to achieve the legislative objective, the number of master crafts duty was reduced from 94 to 41 crafts. 53 crafts are now open admission; for training in these trades the master craftsman is still required. In addition to the exemption Vesting of journeymen with six years of professional experience (four of which in a managerial position ) was created. This is not possible for chimney sweeps, opticians, hearing care, orthopedic technicians, orthopedic shoe technicians and dental technicians. For engineers and university graduates as well as State-certified technicians access was easier to craft. The owner principle has been lifted, so that subject to approval crafts - regardless of the legal status of the operation - can be operated with a set manager who could be registered in the trades.
In another law ( the small business law so-called ) has been clarified, require that craft activities no entry in the trades, namely activities: that can be learned in two to three months, or which are incidental to the overall picture of accredited craft in question or the have not arisen from a licensed trades. (see § 1 paragraph 2 HwOVorlage: § / Maintenance / buzer ) For the jurisdiction of the Federal Administrative Court should be implemented on this issue in statutory form.
With this amendment, the Crafts Code was first adopted with only a slim majority in the Bundestag and after invocation of the Conciliation Committee. On the initiative of Bavaria, the Federal Council introduced a bill, which prevented the government draft largely contrary. During the negotiations in the Conciliation Committee, the training performance of a craft was accepted as a reason for staying in Appendix A of HwO. Thus, the number of accredited crafts crafts planned 29 has been increased to 41. For example, because of the Painters and hairdressing in Appendix A was left. The professional experience, from the journeymen have a right to exercise a privilege, was from ten years to six years - compared to the bill - shortened.
A study based on the micro-census shows that the probability to set up a craft business, was nearly doubled by the amendment, while the probability of giving up a craft business remained constant. Overall, the amendment, the number of self-employed artisans thus increased. The study further shows that the increases come mainly from male, low-skilled craftsmen.
In the XV. and XVI. Biennial report of the Monopolies Commission, the Federal Government, the Commission advocates for a complete abolition of the masters forced out as a market entry requirement. A special position of the craft was not fully justified by security.