Undeclared work
<p>The term undeclared work is defined in detail in the <a href="http://www.gesetze-im-internet.de/bundesrecht/schwarzarbg_2004/gesamt.pdf">Act to Combat Undeclared Work and Illegal Employment</a>.<br>
 As a rule, it is understood to mean the performance of services or works</p>
<ul>
 <li>in violation of tax law</li>
 <li>in violation of social security law,</li>
 <li>by circumventing the obligation to notify the Federal Employment Agency, basic social security institutions, social welfare offices and/or</li>
 <li>without business registration or. Registration in the register of craftsmen, although a trade or craft is being practised.</li>
</ul>
<p>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.</p>
Business monitoring Control Customs Declare Domestic Employment Federal Gewerbeüberwachung Institutions Legal Notify Obligation Violation Workers businesses crafts violations

# Undeclared work

## Summary

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](http://www.gesetze-im-internet.de/bundesrecht/schwarzarbg_2004/gesamt.pdf).  

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.

## Responsible Department

KVR
## Special Considerations

Illegal employment of workers (e.g. domestic help) is the responsibility of the Munich Main Customs Office, Financial Control of Clandestine Employment, Landsberger Str. 124, 80339 Munich.

## Please 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 and 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.

## Further Links

* [General Data Protection Regulation](https://stadt.muenchen.de/infos/dsgvo-datenschutzgrundverordnung.html)
* [Undeclared work law](https://www.gesetze-im-internet.de/bundesrecht/schwarzarbg_2004/gesamt.pdf)
* [Customs office](https://www.zoll.de/DE/Fachthemen/Arbeit/Bekaempfung-der-Schwarzarbeit-und-illegalen-Beschaeftigung/bekaempfung-der-schwarzarbeit-und-illegalen-beschaeftigung_node.html)
* [Chamber of Crafts](https://www.hwk-muenchen.de/)

## Keywords

* Business monitoring
* Control
* Customs
* Declare
* Domestic
* Employment
* Federal
* Gewerbeüberwachung
* Institutions
* Legal
* Notify
* Obligation
* Violation
* Workers
* businesses
* crafts
* violations
