Key Benefits:
ACT
of 22 March 1989
o craft
Chapter 1
General provisions
Article 1. [ Pursuit of business activity] Natural persons performing economic activities on the basis of the Act of 19 November 1999 -Law of economic activity (Dz. U. Nr 101, pos. 1178, of 2000 Nr 86, pos. 958 i Nr 114, poz. 1193, 2001 Nr 49, poz. 509, Nr 67, poz. 679, No 102, poz.1115 and Nr. 147, pos.1643 and 2002. No. 1, pos. 2. they may carry out this activity, subject to the conditions set out in this Act. The activities of such persons are classified as handicrafts.
Article 2. [ Handicraft] 1. The craft is the professional pursuit of an economic activity by a natural person, with the participation of qualified self-work, on behalf of his/her own person and on its behalf, with employment of up to 50 employees-hereinafter referred to as the craftsman.
1a. It is also the professional activity of the members of the civil partnership of natural persons, with the participation of qualified self-employed persons, on behalf of their own members and on their behalf, employing up to 50 employees.
2. (deleted).
3. (deleted).
4. The craftsmanship does not include commercial, gastronomic, transport, hospitality services, services provided in the exercise of professional activities, medicinal services and manufacturing and service activities of artists and photographic artists.
5. (deleted).
Article 3. [ Evidence of professional qualifications of the craftsman] 1. The evidence of professional qualifications of the craftsman shall be:
1) a diploma or certificate of completion of a higher or upper-secondary school with a technical or artistic profile in the profession (direction) corresponding to the field of craftsmanship,
2) the master's diploma in the profession corresponding to the given type of craftsmanship,
(3) a certificate of audacity or the title of a worker qualified in a profession corresponding to the type of craft concerned,
4) a certificate confirming the possession of selected professional qualifications in respect of the profession corresponding to the type of handicraft.
2. The craft shall be obliged to show other evidence of professional qualifications than those specified in the paragraph. 1, if the provisions of separate laws stems from the obligation to have such qualifications.
3. The master's diplomas and certificates of journeying may be issued by the craftsman's chambers of persons who have submitted appropriate examinations before the examination boards of the crafts chambers.
3a. The basis for conducting exams in competitions corresponding to the type of craftsmanship is the standard of examination requirements established by the Association of Polish Crafts, subject to paragraph 3b.
3b. [ 1] The basis for conducting examinations in the professions included in the classification of vocational education professions is the requirement laid down in the curriculum of vocational education.
3c. The supervision of the activity of the examination boards of the crafts chambers shall be exercised by the Association of Polish Crafts by:
1) to carry out, in accordance with the surveillance plan, at least once a year of the inspection of the activity of the exams board,
(2) consideration of candidates ' complaints that are not taken into account by the chambers of candidates relating to the correctness of the examination,
3) analyse the results of exams and formulate conclusions.
3d. Persons performing surveillance activities shall have access as an observer for the examination, after prior notification to the competent craft, and to the examination board of the committee's documentation.
3e. The persons referred to in paragraph 1. 3d, may issue examination committees recommendations resulting from the conducted supervision activities The examination committee within 7 days of receiving the recommendations may submit objections to them to the Association of Polish Crafts. In case of disclaimer of reservations by the Association of Crafts Polish Examination Board is obliged to notify the Association of Polish Crafts on the implementation of the recommendations within 30 days.
3f. In the event of significant deficiencies in the activities of the Selection Board, the Association of Polish Crafts may call on the Commission to remedy the deficiencies within the prescribed time limit and, in the event of failure to remedy the deficiencies, to cancel the persons part of the examination to the committee or the whole of the committee, or to invalidate the examination in whole or in part.
3g. The Chamber of Crafts:
1) approve the tasks and examination questions, drawn up on the basis of the standards of the requirements referred to in the paragraph. 3a and 3b,
2) approve the detailed assessment criteria,
3) allows candidates for exams,
4) sets the amount of fees for the exams, taking into account as a basis the amount of the average monthly remuneration in the enterprise sector without payment of the prizes from the profit in the fourth quarter of the previous year announced by the President of the Chief Office The statistical, except that the amount of the charge shall not exceed:
(a) for the master's examination-40% of the base,
(b) for the examination of the audacity-20% of the base,
c) for examination examination-15% of the base,
5) keep the documentation of the Selection Board, including the recording of the exams,
6) consider complaints of candidates concerning the correctness of the examination,
7) organize trainings for persons entering the committee of examinations according to the program established by the Association of Polish Crafts.
3h. The craft house may release, in whole or in part, the person joining the examination of the fee referred to in paragraph 3g (4).
3i. Adults who have acquired and complementary knowledge and professional skills in non-school forms, as defined in the separate regulations, may take the examination of the selected professional qualifications in the profession of the corresponding profession. the types of handicrafts.
4. [ 2] The Minister for Education and Education, after consulting the Polish Craft Association, will determine, by regulation, the conditions governing the appointment of an examination board of the craft chambers, the conditions for admission to the examination and the manner in which it is to be taken the performance, the remuneration of the members of the commission, the conditions and mode of issue and models of the certificates of journeying, master diplomas, certificates of passing the examination, supplements to the certificates of journeying and master diplomas (Europass), as well as ways of issuing duplicates and making legalization documents intended to be traded with a foreign country and the amount of the payment for the exercise of those tasks.
4a. The Regulation referred to in paragraph 4 should take into account, in particular, the requirements to be met by persons forming part of the examination board, the scope of the examination subjects in force and the possibility of dismissal from the part of the examination the person joining the examination.
5. Craft of workers employing workers for the purpose of professional preparation in the craft shall comply with the conditions laid down by separate regulations and be members of one of the organizations referred to in art. 7 ust. 3 points 1 and 3.
6. The supervision of the course of professional preparation in the craft of juvenile workers shall be exercised by the craft chamber or with its mandate of characteristics, appropriate for the craftsmanship's seat.
Article 3a. [ Honorary Title "Master of Artistic Crafts"] 1. A craft possessing a significant and recognised professional acquis in the manufacture or retrieval of objects of artistic or historical nature, repair and maintenance of such objects, repair and maintenance of antique objects The honorary title "Master of Artistic Craft" may be given to the construction and provision of services related to the artistic decorations of the construction works.
2. The honorary title of the "Master of Artistic Craft" gives the Minister responsible for cultural and heritage protection.
3. The Minister responsible for Culture and National Heritage shall determine, by means of a regulation:
1) the title of the honorary title "Master of Artistic Craft",
2) entities entitled to apply for a title,
(3) the conditions to be fulfilled by the application for a title,
4) a model of the diploma confirming the title of the title
-with a view to supporting the disappearing professions and the promotion of skills relevant to the functioning of many fields of culture and art, as well as the protection of national heritage.
Chapter 2
Basic rights and obligations of the craftsman
Article 4. [ The craftsman's rights] 1. The reloctor shall have the right:
1. associations in the organisations referred to in art. 7 ust. 3 points 1 and 3, in accordance with the rules laid down in the Act,
2) choose and be elected to the organs of the economic self-government of craftsmanship,
3) benefit from the simplified (lump sum) forms of taxation and exemptions and tax credits on the principles of generally applicable entrepreneurs.
2. In the event of the death of a craftsman, the spouse remaining until the death of the craftsman's dependents and the minor of the descendants shall have the right to continue to perform the craft in the conditions and in the rules of the craftsmen.
3. For the account of sneaky handicrafts can be exercised by the statutory guardian until they reach the age of fullness or completion of science in secondary or tertiary schools.
4. The powers referred to in paragraph. 2, also entitled to a dependent craftsman until his death is a descendant of a descendant of high school gymnasiums, secondary schools or tertiary schools for the period in which they are taught in these schools.
5. In cases where a particular type of craft may be exercised only after the craftsman has demonstrated his or her professional powers as referred to in Article 4 (1) of the Regulation. 10 of the law referred to in Article 4 1, the spouse or descendants referred to in paragraph 1. 3 and 4, they carry out activities through a person with the required qualifications.
Article 5. [ Obligations of craftsmen] 1. The craftsman is obliged to observe the principles of ethics and professional dignity.
2. The detailed rules of professional ethics and the fair exercise of the trades of the guild shall be determined by the self-government of the craft industry.
3. Paragraph Recipe 1 also applies to members of the organisation of the economic self-government of the craft referred to in art. 7 ust. 7.
Article 6. [ Disciplinary responsibility] 1. The craft shall be liable to disciplinary action for the violation of the rules of professional ethics and the fair exercise of the craft.
2. The rules of disciplinary responsibility and the procedure of disciplinary action shall be determined by the statutes of the organization of the self-government of the craft industry.
Chapter 3
Economic self-government of crafts
Article 7. [ Organization of the economic self-government of crafts] 1. The economic self-government of the craft is created.
2. The economic self-government of the craft shall be independent in the performance of its tasks and shall be governed only by the law.
3. Organizations of the self-government of the craft industry are:
1) characteristics,
2) (deleted),
3. Crafts,
4) Association of Polish Crafts,
5) (deleted).
4. The organizations of the economic self-government crafts are created on the initiative of members on a voluntary affiliation basis.
5. To the tasks of the self-government of the craft industry shall be in particular:
1) promotion of business and socio-occupational handicrafts,
2) supervision of the organization and the course of the process of professional preparation in crafts,
3) providing assistance to artisans and other entrepreneurs affiliated to the organizations of the self-government of the craft industry,
4) representing the interests of the craftsman's environment towards public administration bodies,
5) to participate in the implementation of education and education tasks in order to provide a qualified human resource for the economy.
6. The competent ministers shall consult the Union of Polish Crafts in relation to the projects of legal acts concerning the craft.
7. With the consent of the organization of the economic self-government the craft of its members may be, for a limited period of time, also natural persons performing economic activities, not being artisans, employing no more than 50 employees.
Article 8. [ Legal nature of the organisation of self-government handicrafts] Organisations of the economic self-government handicrafts listed in art. 7 ust. 3 shall have legal personality.
Article 9. [ Features] 1. Features are organizations of the economic self-government of craftsmanship associations according to the territorial criterion or by the type of business activity.
2. The basic task of the feature is, in particular, to perpetuate environmental ties, attinits in accordance with the principles of ethics and the dignity of the profession, as well as conduct for the benefit of members of socio-organisational, cultural, educational and economic activities, and also represent the interests of the members of the administration and the courts.
Article 10. [ Cooperative crafts] 1. The artisanal companies shall act in accordance with the rules laid down in the provisions of the Law of Cooperative Law.
2. The task of artisanal cooperatives is, in particular, the organisation of services and craft manufacturing activities, the provision of assistance to the members in the performance of their tasks and the pursuit of their own economic and socio-educational activities.
Article 11. [ Chambers of crafts] 1. Chamber of handicrafts are organizations of the economic self-government craftsmanship of the traits, artisanal cooperatives, handicraftsmen, and other organisational units, if their aim is to support economic development crafts. The Chambers may, in their statutes, adopt names with the addition of the words 'Entrepreneurship' or 'Entrepreneur' used in the relevant case, as well as the terms containing the indication of the region.
2. The main task of the craft chambers is to help represent the associations and craftsmen of the public administration bodies and other organisations and institutions, to provide guidance and advisory assistance to their members. and conducting qualifying exams. The detailed scope of the tasks of the craft chambers shall be determined by their statutes.
3. Chambers of handicrafts are entitled to confirm the examination of qualification certificates and master diplomas and to provide their stamp with the emblem of the State.
3a. Chambers of handicrafts are entitled to confirm the results of exams checking certificates of possession of selected professional qualifications in the field of profession corresponding to the type of handicraft.
4. Whenever the provisions of the law are referred to in the craft of the craft, this shall be understood by the craft of the craft, established in accordance with the rules laid down in this Act, regardless of the name adopted in its statutes.
Article 12. [ Polish Crafts Association] 1. The organizations of the self-government of the craft industry listed in art. 7 ust. 3 points 1-3 may set up a nationwide representation, called the "Association of Polish Crafts".
2. The Polish Crafts Association can bring together the crafts chambers, as well as the features of the nationwide range.
3. The Association of Polish Crafts can be created at the initiative of at least 10 organizations of self-government economic crafts, listed in art. 7 ust. 3 points 2 and 3, and the nationwide features which declare membership in this connection through resolutions of general meetings.
4. The primary task of the Union is to ensure that aid organisations are associated with the implementation of statutory tasks, to develop socio-occupational activities and to represent the interests of craftsmanship in the country and abroad.
5. The Association of Polish Crafts, in accordance with the provisions of the cooperative law, is a function of a review relationship, in accordance with the rules laid down in the provisions of the Law of Cooperative Law.
Article 13. [ Content of statutes] The detailed tasks of the organization of the economic self-government of the craft, their system, the legal relations of the members shall be determined by the statutes passed by the desks or the general meetings of these organizations.
Article 14. [ General Assembly of Craft Organizations] The rules of the financial economy of the organisation of the economic self-government of the craft and the rules governing the remuneration of their employees shall be determined by the general meetings (convention of delegates) of these organisations, unless otherwise provided for by other provisions.
Chapter 4
Transitional and final provisions
Article 15. (bypassed).
Article 16. [ Creating features and chambers of craftsmen] The features and chambers of the craft may be set up in the form of founding initiatives or by dividing existing organisations, provided that financial independence is ensured.
Article 17. [ Feature Creation Base] 1. The basis of the creation of a feature in the mode of the founding initiative is the enactment of the statute of characteristics corresponding to the requirements laid down in art. 16 by at least 10 founding members.
2. The basis for the creation of a feature in the split mode shall be the resolution of the general meeting of the characteristic subject to division, taken in accordance with the procedure laid down in the statutes, containing the provisions on the rules of division taking into account the distribution of the assets and the rights and obligations of the subdivision.
Article 18. [ Application of provisions of the Act] The provisions of Article 4 17 shall apply mutatis mutandis to the chambers of craft, except that the number of founding members (features) shall be at least 5.
Article 19. [ Entry to register] 1. Crafts, craftsmanship and the Association of Polish Crafts are subject to an entry in the National Court Register.
2. The organisations referred to in paragraph 2. 1, they obtain legal personality when they are entered in the National Court Register.
Article 20. (bypassed).
Article 21. [ Entry into force] The Act shall enter into force on 1 May 1989.
[ 1] Article 3 (1) 3b in the version set by the Article 3 point 1 of the Act of 19 August 2011. amending the Act on the education system and certain other laws (Journal of Laws No. 205, item. 1206). The amendment came into force on 1 September 2012.
[ 2] Article 3 (1) 4 in the version set by the Article. 3 point 2 of the Act of 19 August 2011. amending the Act on the education system and certain other laws (Journal of Laws No. 205, item. 1206). The amendment came into force on 1 September 2012.
