Undeclared work
We monitor whether the necessary business registration or travelling trade licence has been obtained and whether an entry has been made in the Register of Craftsmen.
Description
The term undeclared work is defined in detail in the Act to Combat Undeclared Work and Illegal Employment.
As a rule, it is understood to mean the performance of services or works
- in violation of tax law
- in violation of social security law,
- by circumventing the obligation to notify the Federal Employment Agency, basic social security institutions, social welfare offices and/or
- without business registration or. Registration in the register of craftsmen, although a trade or craft is being practised.
Illegal employment of workers (e.g. domestic helpers) is the responsibility of the Munich Main Customs Office, Financial Control of Undeclared Work, Landsberger Str. 124, 80339 Munich.
Violations can be penalised with fines of up to 50,000 euros if the services or work performed are of a significant scope. If the scope is not significant, the offences can be punished under the German Trade, Commerce and Industry Regulation Act (GewO) or as the unauthorised exercise of a craft under the German Crafts Code (HandwO).
Questions & Answers
When does undeclared work not exist?
Undeclared work does not include assistance provided by relatives or partners or neighbourly help or favours if they are not aimed at making a sustainable profit.
When does neighbourly help exist?
If the client and contractor
- there is a certain geographical proximity, for example if the homes are within the same street or local area, or
- personal relationships exist, for example membership of the same association and
- a certain reciprocity of services can at least be expected and
- there is no remuneration in the sense of a contractual consideration (generally free of charge or only a small fee) and
- the "assistance" provided does not constitute aid to a commercial activity.
Kreisverwaltungsreferat
Hauptabteilung III
Gewerbeangelegenheiten und Verbraucherschutz
Gewerbeüberwachung
Internet
Postal address
Landeshauptstadt München
Kreisverwaltungsreferat
Hauptabteilung III
Gewerbeangelegenheiten und Verbraucherschutz
Gewerbeüberwachung
Ruppertstraße 19
80466 München
Fax: +49 89 233-44681
Address
Implerstraße 11
81371 München
Contact us in writing