A journeyman cannot come from a company without a master craftsman

A hairdresser is not allowed to become self-employed under the "Altgesellen" (old journeyman) regulation if she previously worked in a business that operated without a master craftsman. This would be a violation of the Crafts Code.

In principle, journeymen with six years ofr Professional experience – including at least four years in a managerial position – a Right to exercise for their craft (the so-called Old journeyman regulation). However, if they worked in a masterless operation, which is against the Crafts regulations violated, you will receive this higher than this. The Koblenz Administrative Court has now decided this.

The case

A hairdresser had worked for several years in various hairdressing salons and was also able to four-year-old Work as leading However, at that time the company was due to lack of a master wrongly in the Craft role The Chamber of Crafts denied her the right to practice as a journeyman. The hairdresser filed a lawsuit.

The judgment

The court rejected the journeyman's application. Despite her managerial position, she was not entitled to the right to practice. The judges explained that the managerial function could not be taken into account here. Because the company was illegal without a master been.

In any case, an employed journeyman cannot become a senior journeyman if – as here – Knowledge of the illegality She had taken over the management of the hairdressing salon in question in the Knowledge She argued that, in principle, only a master craftsman was authorized to do so. Since she continued her work without any effort to pass the master craftsman's examination, she was no longer worthy of protection.

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Administrative Court of Koblenz, judgment of 13 October 2020, Ref. 5 K 534/20.KO  

Authorization to practice under the old journeyman regulation The granting of a Right to exercise According to Section 7b of the Crafts Code ("Old Journeyman Regulation"), registration in the Register of Crafts and Trades without a master craftsman title is possible. This regulation applies to all trades requiring licensing, with the exception of chimney sweeps, opticians, hearing aid technicians, orthopedic technicians, orthopedic shoemakers, and dental technicians.
A right to exercise is granted to anyone who:
1. a journeyman's examination in the trade to be pursued or in a related trade or has passed a final examination in a corresponding training occupation,
2. this profession at least six years exercised,
3. of which total four years in a management position and
4. the necessary business, commercial and legal knowledge This knowledge is generally considered proven through professional experience. If this is not the case, the required knowledge must be demonstrated through participation in courses or by other means.

More on this topic: A journeyman must learn from the master. > Read more here!