Obligations during inspections

If you are a one-person business (sole proprietor) and/or self-employed and inspected by the customs under the Act to Combat Clandestine Employment, you are required by law to allow such inspection to be conducted and to cooperate fully. One of the reasons for such an inspection is to determine whether you are indeed self-employed or, rather, what is termed a "false" or "pseudo" self-employed person who in reality is a dependent employee.

If you are encountered during the inspection while, for example, working for a client or contractor you must, if requested to do so,

• provide your personal details,
• show any identity documents you are carrying,
• surrender documents for inspection that show what payment you are receiving from the client ordering the work or services you are providing (for example, contracts for work or services, job folders, confirmations of orders, invoices, and so on),
• allow access to your property and business premises during business hours for the inspection of business documents in order to determine whether you really are self-employed.

While supplying work or services you are obliged to always carry your identity document, passport, or the relevant substitute document, and present it on request to the customs authorities for inspection if you are an independent self-employed person working in one of the following industries:

• building industry,
• catering and hotel business,
• passenger transportation industry,
• haulage, transport, and associated logistics industry,
• fairground amusement industry,
• a forestry industry,
• industrial cleaning,
• businesses involved in setting up and dismantling trade fairs, and the
• meat industry.

Not carrying an identity document is an administrative offence which is punishable with a fine.

If you are a national of a third country, your residence title must state that you are authorised to engage in gainful activity in Germany.

If you fail to cooperate during such inspection, that is, if you

• are in breach of your obligation to provide information, or
• are not allowing access to your property or business premises, or
• do not surrender the required documents to the customs authorities for inspection,

you are committing an administrative offence, and can be fined.