Moonlighting
Performance specification
The various forms of undeclared work are defined by law. According to this law, the offence of undeclared work is committed, among others, by anyone who does not comply with the obligation to report the start of independent operation of a standing trade (section 14 GewO) or who has not acquired the required travelling trade card (section 55 GewO) or who independently operates a craft subject to licensing as a standing trade without being entered in the register of craftsmen (section 1 HwO).
The Act to Combat Clandestine Employment also sets out the relevant provisions on fines and penalties. The prosecution and punishment of the above-mentioned administrative offences regulated in the Act to Combat Clandestine Employment with reference to trade and craft law (section 8 no. 1 letters d and e of the Act to Combat Clandestine Employment) is the responsibility of the authorities responsible under Land law (in the districts the district committee, in independent cities the magistrate). They further examine violations of sections 14 and 55 of the GewO and section 1 of the HWO, insofar as these are still below the threshold for undeclared work due to the lack of provision of services or work to a considerable extent. Otherwise, they support the customs authorities, which are primarily called upon to perform the tasks under the Act to Combat Clandestine Employment.
Legal basis