The Act 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. [Executing Business] natural persons carrying out economic activity on the basis of the Act of 2 July 2004, the freedom of economic activity (Journal of laws of 2015.584, as amended) can perform this activity in compliance with the conditions laid down in this Act. The activities of such person is known to the craft.

Article. 2. the [Crafts] 1. Craft is the professional exercise of an economic activity: 1) natural person using professional qualifications of this person and his work, in his own name and for the account of the person – if it is mikroprzedsiębiorcą, a small business owner or an average an entrepreneur within the meaning of the Act of 2 July 2004, the freedom of economic activity or 2) associates a partnership of individuals with regard to the performed by them jointly economic activity – if they meet individually and collectively the conditions set out in paragraph 1.

1a. (repealed) 2. (repealed)

3. (repealed) 4. The craft does not include trade, hotel services, transport operations, services provided in the exercise of liberal professions, services and manufacturing operations and service artists and photographers.

5. (repealed) 6. Craftsman is the person referred to in paragraph 1. 1. Article. 3. [evidence of professional qualifications for the craftsman] 1. Evidence of professional qualifications of the craftsman are: 1) diploma or certificate of completion of higher or secondary school technical profile, or in the medical profession (direction) that corresponds to the field of executing crafts;

2) a master in an occupation that corresponds to the type of crafts;

3) certificate of journeyman or title worker qualified in the profession corresponding to the type of crafts;

4) certificate having selected professional qualifications in the field of profession 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 separate set follows the obligation 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 the examination periods of the Chambers of crafts.

3A. The basis for the examination in the event corresponding to the type of crafts are the standards exam requirements established by the Polish Craft Association, subject to paragraph 2. 3B. 3b. The basis for the examination in the competition included in the classification of occupations of vocational education, are the requirements set out in the basis of software training.

3 c. Supervision over the activities of the examination of the Chambers of crafts has Relationship Crafts Polish by: 1) for carrying out, in accordance with the plan of supervision, at least once a year the activities of the examination;

2) examination not included by the Chamber of craft complaints candidates concerning the accuracy of the test;

3) analyzing the results of exams and formulate proposals.

3D. The person performing surveillance shall have the right of admission as an observer for the exam, with prior notification to the competent Chamber of craft, and insight to the examining Board documentation to the Commission.

3E. the persons referred to in paragraph 1. 3D, may give the committees recommendations of testing carried out surveillance operations. 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 Crafts Polish the Board shall notify the Union of Polish Craft on the implementation of the recommendations within 30 days.

3F. In case of material deficiencies in the activities of the examination Association of Polish Craft may invite the Commission to remove shortcomings within the prescribed period and, in the case of a failure of the shortcomings is a reference person entering in the composition of the Commission, or the entire composition of the Commission or cancel the exam, in whole or in part.

3 g. Chamber of Crafts: 1) approve the assignments and exam questions, based on the requirements of the standards referred to in paragraph 1. 3A and 3b;

2) approve detailed judging criteria;

3) allows applicants to examinations;

4) shall inform the candidates about the charge for the exams-and the fee for the exam: a) master-30% of the base b) journeyman – 15% base c) checking – 5% of the base d) correction-50% of the fee referred to in point (a). a or b;

5) keeps records of the Board, including the records of exams;

6) investigates complaints of candidates regarding the accuracy of the test;

7) organises training for people within the examination according to the program established by the Association of Polish Crafts.

3ga. Through the base referred to in paragraph 1. 3 g point 4 (b). and (c), should be understood as the amount of the average monthly salary in the business sector without payments from profit in the fourth quarter of the previous year issued by the President of the Central Statistical Office.

3 h. Chamber of crafts can exempt a person acceding to the exam from the charge referred to in paragraph 1. 3 g (4).

3i. Adults obtaining and supplementing the knowledge and professional skills in the forms of out-of-school, specified in separate regulations, can take the exam inspection – professional competence in the field of profession corresponding to the type of craft.

4. the competent Minister in charge of education and upbringing, after 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 remuneration of the members of the Commission, the conditions and procedure for issuing and czeladniczych models of certificates, diplomas, certificates of inspection exam, supplements to czeladniczych certificates and diplomas master (Europass), placing the graphic characters on the Polish-level qualifications framework referred to in article 1. 10 of the Act of 22 December 2015 at integrated system of qualifications (OJ from 2016.64 and 1010), as well as ways the issue of duplicates and the legalization of documents for the market from abroad and the amount of remuneration for performing those steps.

4A. the regulation referred to in paragraph 1. 4, should take into account in particular the requirements, which should correspond to those included in the examination, the scope of existing exam topics and the possibility of exemption from sections of the exam bidders for the exam.

5. Craftsmen employing workers to 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 paragraphs 1 and 3.

6. Professional background in the craft is carried out on the basis of dual education. Monitoring the course of the exercise Chamber or with its authorisation characteristics, which is a member of the artisan.

Article. 3A. the [Honorary Title "master of artistic Crafts"] 1. Craftsman and professional achievements recognised holder to produce or restore items of an artistic or historic, repair and maintenance of such items, the repair and maintenance of historic buildings and the provision of services associated with artistic detailing of buildings can be given the honorary title "master of artistic Crafts".

2. the Honorary Title "master of artistic Crafts" gives the competent minister for Cultural Affairs and the protection of the national heritage.

3. the competent Minister for Cultural Affairs and the protection of the national heritage shall determine by regulation: 1) mode of transmission of the honorary title "master of artistic Crafts", 2) entities entitled to request for the bestowal of the title, 3) conditions which must comply with the request for the bestowal of the title, 4) a diploma certifying the bestowal of the title-with a view to supporting the vanishing professions and the promotion of skills relevant to the functioning of many fields of art and culture as well as the protection of the national heritage.

Chapter 2, fundamental rights and duties of the craftsman's Art. 4. [the right craftsman] 1. Craftsman has the right to: 1) Association in the organizations referred to in article 1. 7 paragraph 1. 3 paragraphs 1 and 3, on the principles set out in the Act;

2) select and be elected to bodies of local government economic crafts;

3) benefit from simplified (flat-rate) forms of taxation and exemptions and tax reductions on the basis of universally applicable.

2. In the event of the death of craftsman spouse the remainder death dependent craftsman and 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 descendants crafts can be performed by the legal guardian until they reach the age of majority or the graduate in secondary schools or higher.

4. the powers referred to in paragraph 1. 2, also entitled dependants craftsman until his death an adult descendants that take education in secondary schools, secondary schools or higher for a period they receive a study in these schools.

5. in cases where a particular type of craft can be executed only after demonstrating for a craftsman having professional permissions referred to in article 1. 19 the Act referred to in article 1. 1, the spouse or descendants, referred to in paragraph 1. 3 and 4, conduct business through a person holding qualifications required.

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 exercise of a trade cechowego specifies the Economic Council.

3. the provision of paragraph 1. 1 also applies to the members of the Organization of economic government craft, referred to in article 1. 7 paragraph 1. 7, paragraph 1.

Article. 6. [disciplinary responsibility] 1. Craftsmen shall be liable to disciplinary action for violating the rules of professional ethics and fair exercise of a trade.

2. the rules on disciplinary responsibility and disciplinary proceedings determine the statutes of the organisation of economic government.

Chapter 3 economic Government craft Art. 7. [Organization for economic government crafts] 1. Creates an economic government.

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

3. economic self-government Organisations of the craft are: 1) features;

2) (repealed) (3)) of the Chamber of handicrafts;

4 Polish Craft Association).

5) (repealed) 4. Organizations marketing Government crafts are created at the initiative of the members on a voluntary basis belong.

5. The tasks of the economic government crafts in particular: 1) promotion of the economic activity and the socio-professional crafts;

2) supervision over the Organization and process of preparation in the craft;

3) aid to artisans and other entrepreneurs in economic self-government organisations-registered craft;

4) represent the interests of craft environment to public administrations;

5) participate in the implementation of tasks and education to ensure qualified human resources for the economy, including the conduct of schools.

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

7. With the agreement of the Organization of economic government crafts its: 1) members may also be: a) a spouse or lineal descendant of the person referred to in art. 2. 1, if the is involved in the performance of that person's business practices of craft, b) natural persons carrying out economic activity, non-artisans, with no more than 250 employees;

2) supporting members can be legal persons carrying out economic activity.

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

Article. 9. [Features] 1. Characteristics of local government organisations are associations of craft marketing 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 guidance to members activities socio-organizational, cultural, educational and economic, as well as to represent the interests of the members of the Administration and the courts.

Article. 10. [craft Cooperatives] 1. Handicraft cooperatives operate on the principles set out in the laws of a cooperative.

2. the task of crafting cooperative society is, in particular, organizing service activities and manufacturing of crafts, provision of assistance to members in carrying out their duties and conduct of own business and socio-educational.

Article. 11. [the Chamber of crafts] 1. Chamber of economic self-government organisations are associations of craft workshop features craft cooperatives, non-craftsmen guilds, as well as other organizational units, if their purpose is to promote economic development. The Chamber may in its statutes to take the name with the addition of the words "entrepreneurship" or "Entrepreneur" used where appropriate, as well as expressions that contain an indication of the region.

2. the primary task of the Chambers of crafts is to assist in the representation of member organizations and artisans to public administrations and other organizations and institutions, providing its members with aid instruction and consulting and conducting qualifying exams. The detailed scope of tasks of the Chambers of crafts define their statutes.

3. The Chamber of handicrafts are entitled to confirm qualifying exams czeladniczymi certificates and diplomas masterpieces and to assuage their stamped with the emblem of the State.

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

4. Whenever the law says about the Chamber of craft, it understood the Chamber of craft, in the manner and on the terms laid down in this Act, regardless of the name adopted in its statutes.

Article. 12. [Relationship Crafts Polish] 1. Organizations marketing Government crafts listed in article 1. 7 paragraph 1. 3 paragraphs 1 to 3 may invoke a nationwide representation, hereinafter referred to as the "Union of Polish Craftsmanship".

2. In the Polish Craft Association can bring together Chamber of handicrafts, as well as features about nationwide.

3. Polish Crafts can be created on the initiative of at least 10 local government organisation, referred to in article marketing. 7 paragraph 1. 3 point 2 and 3, and guilds nationwide, which shall declare the membership in this relationship by way of resolutions of the General meetings.

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

5. Craft Polish fully against the cooperative crafts features connection trail, in the manner and on the terms specified in the law of a cooperative.

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

Article. 14. [General Assembly craft Organization] rules for financial management of the Organization of local government economic and remuneration policies employed in them employees determine the General meetings (meetings of delegates) of these organizations if other legislation provides otherwise.

Chapter 4 transitional and final provisions Article. 15. (omitted) Art. 16. [Create guilds and chambers of crafts] Characteristics 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 the Guild in the Foundation initiative is the adoption of the Statute of the Guild corresponding to the requirements specified in article 8. 16 by at least 30 founding members.

2. the basis for the creation of the Guild in break mode is the resolution of the general meeting of the Guild subject to the split, taken as specified in the statutes, containing 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] [1] Recipe article. 17 shall apply mutatis mutandis to the Chambers of craft, except that the number of founding members (guilds) is at least 20.

Article. 19. [registration] 1. Characteristics of crafts, chambers of crafts and Crafts Polish shall be subject to the entry into the national court register.

2. the Organisations referred to in paragraph 1. 1, obtain legal personality upon entry in the national court register.

Article. 20. (omitted) Art. 21. [entry into force] this Act shall enter into force on 1 May 1989.

[1] on the basis of article. 3 of the Act of September 25, 2015, amending the law on trade (OJ item 1782), the provisions of article 4. 18 as amended. the Act does not apply to the guilds and chambers of craft operating before December 5, 2015.

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