Schwarzarbeit

• Undeclared Work Prevention Act
• Industrial Code
• Crafts Code

The various manifestations of undeclared work are defined by law. Accordingly, the offence of undeclared work is fulfilled, inter alia, by a person who does not comply with his obligation to notify the start of the independent operation of a standing trade (§ 14 GewO) or has not acquired the required itinerant trade card (§ 55 GewO) or independently operates a craft subject to authorisation as a standing trade without being entered in the register of craftsmen (§ 1 HwO).
The Act to Combat Undeclared Work also lays down the relevant provisions on fines and penalties. The prosecution and punishment of the above-mentioned administrative offences relating to trade and craft law regulated in the Undeclared Work Prevention Act (§ 8 No. 1 letter d and e SchwarzArbG) is the responsibility of the competent authorities under Land law (in the districts the district committee, in district-free cities the magistrate). They continue to examine the violations of §§ 14 and 55 of the GewO and § 1 of the HWO, insofar as these are still below the threshold of undeclared work to a considerable extent due to the lack of provision of services or work. Otherwise, they support the customs authorities, which are primarily called upon to perform the tasks under the Undeclared Work Prevention Act.