undeclared work

The diverse manifestations of undeclared work are legally defined. Accordingly, the offense of undeclared work is committed, inter alia, by anyone who fails to comply with their obligation to report the commencement of the independent operation of a stationary trade (§ 14 GewO), has not acquired the required itinerant trade card (§ 55 GewO), or independently operates a trade requiring authorization as a stationary trade without being entered in the roll of craftsmen (§ 1 HwO).
The Act to Combat Illegunde Employment also establishes the relevant fine and criminal provisions. The prosecution and penalization of the aforementioned administrative offenses regulated in the Act to Combat Clandestine Employment that relate to trade and craft law (§ 8 no. 1 lit. d and e SchwarzArbG) are the responsibility of the authorities competent under state law (in rural districts, the district committee; in independent cities, the municipal administration). Furthermore, they investigate violations of §§ 14 and 55 of the Trade Regulation Act (GewO) and § 1 of the German Crafts Code (HWO), provided these remain below the threshold for clandestine employment due to a lack of the provision of services or work on a significant scale. Otherwise, they support the customs authorities, which are primarily tasked with carrying out the duties under the Act to Combat Clandestine Employment.
 

• Act to Combat Clandestine Employment
• Trade Regulations
• German Trade and Crafts Code