Undeclared work
We check whether the necessary business registration or itinerant trader’s licence has been obtained and whether the business has been entered in the register of craft trades.
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.
Important note
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
Assistance provided by family members or partners, as well as neighbourly help or favours, does not constitute undeclared work if it is not carried out with the aim of making a profit on a long-term basis.
Neighbourly help is considered to exist when
- there is a certain degree of geographical proximity, for example if their homes are on the same street or in the same local area, or
- there are personal ties, for example membership of the same club, and
- a certain degree of reciprocity in the services can at least be expected, and
- no remuneration is provided in the sense of a contractual consideration (generally free of charge or for only a small fee) and
- the ‘assistance’ provided does not constitute aid to a commercial activity.
Contact
Kreisverwaltungsreferat
Hauptabteilung III
Gewerbeangelegenheiten und Verbraucherschutz
Gewerbeüberwachung
Landeshauptstadt München
Website
Postal address
Landeshauptstadt München
Kreisverwaltungsreferat
Hauptabteilung III
Gewerbeangelegenheiten und Verbraucherschutz
Gewerbeüberwachung
Ruppertstraße 19
80466 München
Address
Implerstraße 11
81371 München
Contact us in writing