The Law Of 22 March 1989 On The Craft

Original Language Title: USTAWA z dnia 22 marca 1989 r. o rzemiośle

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Chapter 1 General provisions article 1. 1. the [business] natural persons engaged in business activities on the basis of the law of 19 November 1999-Business Law (Journal of laws No. 101, item 1178, 2000 No. 86, item 958 and no. 114, poz. 1193, 2001 No 49, item 509, no. 67, item 679, no. 102, item 1115 and no. 147, item 1643 and 2002 No 1 , item. 2) can lead this activity, in compliance with the conditions set out in this Act. The activities of such persons is included to the craft.

Article. 2. the [Crafts] 1. Craft professional exercise of economic activities by natural persons, with the participation of qualified work of her own, the person on its own behalf and for its account, with employment up to 50 employees-hereinafter referred to as the craftsman.

1a. Company is also a professional execution of business activities by members of the civil company of individuals, with the participation of qualified work on its own, on its own behalf these members and on their behalf, employing up to 50 employees.

2. (deleted).

3. (deleted).

4. craft do not include activities: shopping, dining, transportation, hospitality, services provided in the exercise of liberal professions, services and manufacturing operations and service artists and photographers.

5. (deleted).

Article. 3. [evidence of professional qualifications of artisan] 1. Evidence of professional qualifications of the craftsman are: 1) a diploma or a certificate of completion of secondary school or higher technical artistic or profile in the profession (direction) that corresponds to the field performing craft, 2) master degree in the profession corresponding to a particular type of craft, 3) certificate of title or a qualified workman, journeyman as corresponding to a particular type of craft, 4) certificate proving ownership of selected professional qualifications in the field of occupation corresponding to the type of craft.

2. the Artist is obliged to show other evidence of professional qualifications than those referred to in paragraph 1. 1, if the provisions of a separate set shows to have such qualifications.

3. Diplomas, master and journeyman certificate may be issued by the Chambers of Commerce of crafts people that made the appropriate exams before the committees of the boards of egzaminacyjnymi craft.

3A. The basis for carrying out the examinations in the event corresponding to a particular type of craft are the standards established by the Polish Craft Association examination requirements, subject to the provisions of paragraph 2.

3B. [1] the basis for carrying out the examinations in competitions included in the classification of occupations professional education requirements are the basis of the training programme.

3 c. supervision of the activities of the examination boards of artisanal Crafts Association holds the Polish by: 1) for carrying out, in accordance with the supervision plan at least once a year for control examination, 2) examining the craft Chamber included complaints of candidates regarding the correctness of conducting the exam, 3) analyzing the results of the examination and the formulation of conclusions.

3D. the persons performing activities from the scope of supervision have the right of admission as an observer on the exam, after prior notification to the competent Chamber of craft, and insight to an examining Board documentation to the Commission.

3E. the persons referred to in paragraph 1. 3D, may issue the committees recommendations of surveillance operations carried out testing the Board within 7 days of receipt of the recommendations of the may report them to the Polish Craft Association. In the case of failure of the reservations by the Polish Craft examination shall notify the Union of Polish Craftsmanship on the implementation of the recommendations within 30 days.

3F. where significant shortcomings in the activities of the Polish Craft Association examination may invite the Commission to remedy the deficiencies within a time limit, and if the breach is not remedied the deficiencies – a reference to persons forming part of the Commission or of the whole of the Commission or cancel in whole or in part.

3 g. Chamber: 1) approves the task and exam questions, drawn up on the basis of the requirements of the standards referred to in paragraph 1. 3A and 3b, 2) approve detailed judging criteria, 3) allows candidates to exams, 4) shall calculate the amount of the fees for examinations, taking into account as a basis for the amount of the average monthly salary in the sector enterprises without payment of awards from profit in the fourth quarter of the preceding year opened by the President of the Central Statistical Office, except that the amount of the fee shall not exceed: (a)) for the master examination-40% of the regular base, b) for exam journeyman Maw – 20% of base , c) for the examination is 15% of the base 5) keep a record of the Board, including the records of exams, 6) examines the complaints of candidates on the correctness of conducting the exam, 7) organises training for people in the examination according to the program established by the Polish Craft Association.

3 h. Chamber may waive, in whole or in part, "you" the person of the exam fee, referred to in paragraph 1, 3 g (4).

3i. Adults obtaining and supplementing the knowledge and professional skills in the forms of school, as defined in separate regulations, can take a test that checks the selected professional qualifications in the field of occupation corresponding to the type of craft.

4. [2] the proper Minister of education and upbringing, in consultation with the Polish Craft Association, shall determine, by regulation, conditions of appointment of the examination of the Chambers of crafts, the conditions for admission to the exam and how it will be carried out, the amount of the remuneration of the members of the Commission, the conditions and mode of issue and models of certificates czeladniczych, diplomas, certificates of inspection test sentence, supplements to czeladniczych certificates and diplomas master (Europass), as well as ways the issue of duplicates and the legalization of documents intended for the market from abroad and the amount of remuneration for the exercise of these steps.

4A. the regulation referred to in paragraph 4, should take into account in particular the requirements, which should correspond to those included in the examination, the scope of the current examination topics and the possibility of exemption from part of the examination of a person acceding to the exam.

5. Craftsmen employing workers in order to prepare for vocational training in the craft shall meet the conditions laid down separate rules and be members of one of the organizations referred to in article 1. 7 paragraph 1. 3 points 1 and 3.

6. Supervision of the course of vocational preparation of young workers in the craft Chamber of exercises or with its authorisation, the competent characteristics due to the established craftsman.

Article. 3A. [Honorary Title "master of artistic Crafts"] 1. Rzemieślnikowi having significant and recognized professional achievements in the field of manufacturing or reproducing objects of artistic or historic, repair and maintenance of such items, the repair and maintenance of historic buildings and the provision of services related to Bindi's artistic works may be given the honorary title "master of artistic Crafts".

2. the Honorary Title "master of artistic Crafts" gives the proper minister of culture and protection of national heritage.

3. The proper Minister of culture and national heritage protection shall determine by regulation: 1) mode of transmitting of the honorary title "master of artistic Crafts", 2) entities entitled to request for the title, 3) conditions which must comply with the request for Title 4) model of a diploma certifying the conferment of the title-with a view to promoting vanishing professions and promoting skills essential for the functioning of many areas of art and culture as well as the protection of national heritage.

Chapter 2, fundamental rights and duties of the craftsman Article. 4. [the right craftsman] 1. Artist has the right to: 1) join the organizations referred to in article 1. 7 paragraph 1. 3 points 1 and 3, on the principles set out in the Act, 2) select and be elected to organs of local crafts, marketing 3) use the simplified (flat-rate) forms of taxation and exemptions and tax credits on the basis of universally applicable to entrepreneurs.

2. In the event of the death of the spouse of the craftsman the remainder of the time of his death, dependent on a craftsman and a minor descendants have the right to continue to perform the craft in conditions and on the basis of the existing craftsman.

3. On behalf of the craft's descendants can be performed by the legal guardian until they come of age or completion of study at secondary schools or higher.

4. the powers referred to in paragraph 1. 2, have also left on maintaining a craftsman until his death an adult descendants to get enrolled in colleges, secondary schools or higher, for a period of learning them in those schools.

5. in cases where a particular type of crafts can be executed only after demonstrating for a craftsman having powers, referred to in article 1. 10 of the Act referred to in article 1. 1, spouse or descendants, referred to in paragraph 1. 3 and 4 operate through a person who has the required qualifications.

Article. 5. [obligations of the craftsman] 1. Artist is obliged to abide by the rules of ethics and dignity.

2. the detailed rules of professional ethics and fair in the exercise of a trade cechowego specifies the Economic Council crafts.

3. the provision of paragraphs 1 and 2. 1 also applies to the members of the Organization of economic government craft, referred to in article 1. 7 paragraph 1. 7. 6. [disciplinary Responsibility] 1. Artisans are liable to disciplinary action for violating the rules of professional conduct and the exercise of a trade fair.

2. rules liable to disciplinary action and disciplinary proceedings lay down the statutes of the organisation of economic government craft.

Chapter 3 Economic Council of craft Art. 7. [Organization for economic government crafts] 1. The Economic Council is formed of the craft.

2. Economic Council crafts is independent in the performance of their duties and shall be subject only to the law.

3. economic self-government Organisations are: 1 craft) features 2) (deleted)) of the Chamber of crafts, 4), 5) Polish Craft Association (deleted).

4. economic self-government Organisations of the craft are created at the initiative of the members on the principle of voluntary membership.

5. The tasks of the economic government of the craft shall, in particular: 1) the promotion of economic activity and the socio-professional craft, 2) supervision of the Organization and conduct of the professional preparation process in the craft, 3) aid to artisans and other entrepreneurs in economic self-government organisations-registered craft, 4) to represent the interests of small-scale environment to public administrations) to participate in the implementation of the tasks of education and education in order to provide skilled personnel for the economy.

6. The competent Ministers shall consult the Polish Craft Association in respect of draft legislation relating to crafts.

7. With the agreement of the Organization of economic government crafts its members may be, on a temporary basis, including natural persons carrying out economic activity, not craftsmen employing not more than 50 employees.

Article. 8. [the nature of the legal organization of the local crafts] economic self-government Organisations of crafts listed in article 1. 7 paragraph 1. 3 they have legal personality.

Article. 9. the [Features] 1. Economic self-government organisations are associations of crafts features artisans by the territorial criterion or by type of economic activity.

2. the primary task of the Guild is in particular persisting environmental ties, in accordance with the principles of ethics and dignity of the profession, as well as to conduct to members for socio-educational, cultural, organizational and economic, as well as to represent the interests of the members of the Administration and the courts.

Article. 10. [craft Cooperatives] 1. Craft cooperatives operate according to cooperative law.

2. the task of the craft cooperatives, in particular, organizing service activities and crafts, manufacturing assistance members in carrying out their duties and conduct their own business and socio-educational.

Article. 11. [the Chamber of handicrafts] 1. The Chamber of handicrafts of local government organisations are associations of craft marketing features, cooperatives, non-artisans guilds, as well as other organizational units, if their purpose is to promote the economic development of the craft. Chamber of Commerce may, in its statutes to take the name with the addition of the word "entrepreneurship" or "Entrepreneur" used where appropriate, and also expressions containing an indication of the region.

2. the primary task of the Chambers of crafts is to assist in representing affiliated organizations and artisans to public administrations and other organizations and institutions, providing its members with assistance and advisory-General's instruction note and qualifying exams. The specific scope of the tasks of the Chambers of crafts define their statutes.

3. The Chamber of handicrafts are eligible for qualification exams confirmation certificates and diplomas czeladniczymi masterpieces and to wound their seal with the emblem of the State.

3A. The Chamber of handicrafts are authorized to confirm the results of the examinations for checking the certificates of possession of selected professional qualifications in the field of occupation corresponding to the type of craft.

4. Whenever by law says about the Chamber of crafts, it shall mean the Chamber of craft, in the manner and on the terms set out in this law, regardless of the name adopted in its statutes.

Article. 12. [Relationship Polish Crafts] 1. Economic self-government organisations of crafts listed in article 1. 7 paragraph 1. 3 paragraph 1 – 3 may invoke a nationwide representation, called "Union of Polish Craftsmanship".

2. in the Polish Craft Association can bring together Chamber of handicrafts, as well as the characteristics of the national scale.

3. Polish Crafts can be created on the initiative of at least 10 local government organisations of craft referred to in article marketing. 7 paragraph 1. 3 points 2 and 3, and guilds nationwide who declare their membership in this relationship by way of resolutions of general meetings.

4. the primary task of the Association is to provide Federated in it organizations assist in the performance of its statutory tasks, the development of professional and social activities as well as to represent the interests of crafts at home and abroad.

5. Relationship of the craft relative to craft cooperatives therefore functions fully Polish trail, in the manner and on the terms specified in the cooperative law.

Article. 13. [text of statutes] Detailed task organization of economic government crafts, their form of Government, the legal relationship of the members shall be determined in the statutes adopted by the meetings or general meetings of these organizations.

Article. 14. [AGM crafts Organization] rules for the financial management of the Organization and the principle of craft marketing Government pay employees in one of the employees shall specify the General meetings (meetings of delegates) of these organizations if other provisions provide otherwise.

Chapter 4 transitional and final provisions Article. 15. (omitted).

Article. 16. [the creation of guilds and chambers of crafts] features and the Chamber of crafts can be created in founding initiatives or by Division of existing organisations provided financial independence.

Article. 17. [Base create a Guild] 1. The basis for the creation of a Guild in the Foundation initiative is the adoption of the Statute of the Guild corresponding to those referred to in article 4. 16 by at least 10 members.

2. the creation of the Guild in the Division is the resolution of the General Assembly of the Guild distributable, taken as specified in statute, which contains provisions on the principles of sharing, taking into account the Division of assets, and the rights and obligations of the Guild subject to any revenue sharing.

Article. 18. [the application of the provisions of the Act]. 17 respectively apply to the Chambers of craft, except that the number of founding members (guilds) is at least 5.

Article. 19. [registration] 1. Characteristics of handicrafts, chambers of crafts and Crafts Association of Polish are subject to entry in the national court register.

2. The organisations referred to in paragraph 1. 1 acquire legal personality upon entry in the national court register.

Article. 20. (omitted).

Article. 21. [entry into force], the Act shall enter into force on 1 May 1989.

[1] Article. 3 paragraphs 1 and 2. 3B is inserted to be fixed by the article. 3, paragraph 1 of the law of 19 August 2011, amending the law on the education system and certain other laws (Journal of laws No 205, poz. 1206). The amendment entered into force on 1 September 2012.

[2] Article. 3 paragraphs 1 and 2. the following 4 determined by the article. 3 section 2 of the Act of 19 August 2011, amending the law on the education system and certain other laws (Journal of laws No 205, poz. 1206). The amendment entered into force on 1 September 2012.

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