Moonlighting
Performance specification
The various forms of undeclared work are defined by law. According to this, the offence of undeclared work is committed, among other things, by anyone who does not comply with their obligation to notify the start of the independent operation of a standing trade (Section 14 GewO) or has not obtained the required travelling trade licence (Section 55 GewO) or independently operates a trade requiring a licence as a standing trade without being entered in the trade register (Section 1 HwO).
The Act to Combat Illegal Employment also sets out the relevant provisions on fines and penalties. The prosecution and punishment of the aforementioned 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 SchwarzArbG) is the responsibility of the competent authorities under state law (in the districts the district committee, in cities not belonging to a district the magistrate). They continue to investigate violations of Sections 14 and 55 of the GewO and Section 1 of the HWO, insofar as these are still below the threshold for illegal employment due to the lack of the provision of services or work to a significant extent. Otherwise, they support the customs authorities, which are primarily responsible for carrying out tasks in accordance with the Act to Combat Clandestine Employment.
Legal basis