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Trades (Trade Regulation Act, Trade and Industrial Law): Trade 
Regulation is within the jurisdiction of federal authorities both with 
respect to legislation and enforcement. The authorities in charge of 
trade regulation are the district administrations, the provincial 
governors and the Federal Ministry of Economic Affairs. The Federal 
Police authorities and Economic Chambers (trainee contracts, 
arbitration on issues of the scope of authorised activities) act as 
first-instance executive authorities.

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The first important legal document that lays down basic principles for 
Austrian businesses is the 1859 Trade Regulation Act. The idea was to 
grant individuals a maximum of freedom to choose their occupations. 
This "freedom of exercise" was, however, more and more restricted as 
industrialisation progressed: In 1833, the handicrafts were made 
contingent upon certification of qualification. In 1885, regulations 
for an amelioration of working conditions were imposed, and in 1893 
the building trades were regulated by law. In 1895, a Sunday 
observance law was passed. In 1907, certain commercial businesses were 
forced to disclose their income and expenditures and in 1934, certain 
trades and crafts were made subject to licensing ("licensable trades") 
and master qualifications became obligatory for all. In 1937 the 
Interdiction Act virtually put an end to the freedom of exercise. In 
1940, the German Crafts and Trades Law was introduced, and the 
Austrian regulations were not reintroduced until well after the end of 
the war (1952); the 1937 Interdiction Act was repealed and 
qualifications for licensable crafts and trades were made more 
stringent.

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The 1994 Trade Regulation Act is binding on crafts (e.g. locksmiths, 
joiners, cabinet-makers), trades that are not obliged to register with 
local authorities but need special qualification certificates (e.g. 
commercial enterprises, hotel and restaurant trade), trades that need 
to register with local authorities and require special qualification 
certificates (building contractors, electricians) and free trades 
(software services). Prerequisites for exercising a trade or craft in 
Austria are majority, Austrian or EU citizenship or reciprocity 
agreements (1995: with USA and, for some trades, Czech Republic and 
Switzerland), absence of reasons for disqualification such as certain 
previous convictions or bankruptcy. Special prerequisites: 
qualification certificates for all crafts and licensable trades. Plant 
and equipment (especially when dangerous and/or producing excess 
noise) are subject to special operating licenses.

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All persons who have acquired the right to practice a trade or craft 
are automatically members of the Economic Chamber organisation. The 
various branches of trade are still organised in guilds and other 
trade organisations, even though structures, rules and regulations 
have changed in the course of time. During the second half of the 
19%%sup th/%  century, for example, guilds were temporarily abolished. 
Nowadays, however, it is the trade associations which safeguard such 
matters as adequate working conditions, including the training of 
apprentices and continued training for employees.

!Literature
W. Kemmetmueller and W. Sertl (eds.), Klein- und 
Mittelbetriebe - Chancen, Probleme, Loesungen, 1981; Institut fuer 
Gewerbe- und Handwerksforschung, Gewerbe und Handwerk 2000, 1991; J. 
Mugler, Betriebswirtschaftslehre der Klein- und Mittelbetriebe, 1993.


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