An old journeyman must learn from the master

Illegal work in a one-man business doesn't count as professional experience under the Crafts Code. As a result, a journeyman painter was forced to close his business.

With the reform of the Crafts Code in 2004, the legislator has introduced a Regulation to facilitate self-employment for journeymen with professional experience (so-called old journeymen). Those who have passed the journeyman examination and work in a master craftsman's business worked in a managerial position for at least four years hat.

A man from Bavaria, after years as a painter's apprentice, worked independently as an interior decorator and also carried out painting work. This earned him several Fines for operating an unlawful business Finally, he applied for a certificate as a senior journeyman, but without success.

It won't work without expert guidance

The Bavarian Administrative Court also rejected his claim: The fact that he had been running his one-man business independently "in a managerial position" for years was no argument for an exemption; on the contrary: He had carried out painting and varnishing work without a license and thus illegally. These years would not be recognized as professional experience, the court explained. If a craftsman lacks a master craftsman's certificate, he may compensate for this with extensive professional experience. In return, the law requires long-term collaboration and regular exchange of experience with a superior master craftsman. Anyone who instead works independently and without professional feedback is by no means considered to be working "in a managerial position" in a specialized company.

In future, painters will only be allowed to carry out activities independently for which they do not have to be registered in the trade register. 

Bavarian Administrative Court, judgment of 19 March 2014, Ref. No.: 22 B 13.2021