5920.
Pursuant to Article 75 Paragraphs 1 and 2 of the Constitution of the Republic of Macedonia,
the President of the Republic of Macedonia and the President of the Assembly oftheRepublic of Macedonia issue this
DECREE
FOR PROMULGATION OF
THE LAW ON CRAFTSMANSHIP
The Law on Craftsmanship adopted by the Assembly of the Republic of Macedonia, on its session held on 01 December 2015, is hereby promulgated.
No. 08- 5630/1 / President of the01 December 2015 / Republic of Macedonia,
Skopje / Phd.Gjorgje Ivanov, signature
President of the
Assembly of the
Republic of Macedonia
TrajkoVeljanoski, signature
LAW ON CRAFTSМАNSHIP
- GENERAL PROVISIONS
Article 1
This law shall regulate the conditions for practicing craftsmanship activity and issuing craftsman licence, keeping the Registry of Craftsmen, organizing the work of the apprentices, as well as organizing and financing of a chamber system.
Article 2
Some words used in this Law shall have the following meaning:
1. „Craftsman“ shall mean an individual who practices craftsmanship and who is registered in the Registry of Craftsmen;
2. „Practicing craftsman“ shall mean a craftsman, sole proprietor, limited liability company and limited liability company founded by one person who practices craftsmanship;
3. „Registry of Craftsmen“ shall mean a public book used as a Database of all registered craftsmen and shall be kept by the Chamber of Crafts of the Republic of Macedonia;
4. „Chamber of Crafts“ shall mean any regional chamber of crafts, municipal chamber of crafts and the Chamber of Crafts Skopje that exercises public competencies in compliance with this law;
5. „Craftsman license“ shall mean a public document issued to a practicing craftsman based on his/her adequate vocational training or vocational education related to the craft;
6. „Registry-keeper“ shall be an authorised person who enters data in the Registry of Craftsman according to a procedure regulated with this law;
7. „Public competence“ shall mean a competence awarded to the craftsman chamber in compliance with this law to issue the following acts:
- decision toenter data in the Craftsmen Registry,
- decision to reject the request to enter data in the Craftsmen Registry,
- Craftsmen licence,
- decision to enter changed data,
- decision on temporary cessation of activity,
- decision on unregistering activity and
- decision on temporary practice of craftsmanship activity.
8. „Craftsmanship activity“ shall mean crafts production, crafts services and activities of domestic and artistic craftsmanship;
9. „Craft production“ shall mean production and re-production of products, mainly ordered products, in small series, that does not possess traits of an industrial production;
10. „Craft services“ shall mean repairs and maintenance of products, machines and buildings, as well as providing personal services;
11. „Domestic and artistic craftsmanship activity“ shall mean an activity that has the traits of a simple work, mainly manual work, artistic and designer creation and
12. „One-stop-shop“ shall mean a system that provides receiving, processing, distribution of data and documents needed for practicing the craftsmanship activity.
Article 3
In a case of a procedure for making a supervisory inspection, the provisions from the Law on Inspection Supervision and the Law on the State Market Inspectorate shall apply, unless otherwise provided by this law.
- PRACTICING ACTIVITY
Conditions
Article 4
Craftsmanship activity shall be a production or service-providing profit-making activity with the following traits:
- production or services based on individual orders,
- small serial production in cases when the small serial production is not the major part of the activity and
- use of machines, tools and technical devices related to the activity, in compliance with the previous line and not having the trait of automated working process.
Article 5
The Craftsman Registry, kept by the Craftsman Chamber of the Republic of Macedonia in an electronic version, as a central registry, and the chamber of crafts being a basic registering body, shall be the registry competent to enter data about a craftsman.
The Trade Registry kept by the Central Registry shall be competent to enter data on sole proprietors, limited liability companies and sole proprietorship limited liability companies.
Article 6
The Municipality Council, or the Council of the City of Skopje, respectively, shall determine the working time of the craftsman activities, based on the local customs and needs.
Article 7
The Craftsman shall be responsible for his/her obligations related to his/her entire assets.
Article 8
The person who practices craftsmanship activity can, in accordance with this law, practice:
- one or more related craftsmanship activities and
- sell his/her own products.
The practicing craftsman, while performing his/her activity, can sell other products that serve his/her product or service.
The practicing craftsman can sell his/her products on the premises where he/she practices the activity or in places appointed for that specific purpose by the Municipality Council or the Council of the City of Skopje, respectively.
III. CRAFTSMAN REGISTRY
Article 9
The Craftsman Registry is the sole registry on the territory of the Republic of Macedonia.
The Craftsman Chamber of the Republic of Macedonia and the craftsman chamber shall be competent to maintain the integrity of the data in the Craftsman Registry;provide adequate level of data protection and data availability; maintenance, supervision and protection of the data processing system; maintenance, supervision and protection of the network that provides for the data to be used; providing access to the data in the Registry; design and supervise the performances of the Registry and implement standards for using the data and for the security of the data in the Registry.
Personal data in the Craftsman Registry shall be kept indefinitely.
The form, content and manner of keeping the Craftsman Registry shall be prescribed by the minister in charge of the civil service body in charge of craft related issues.
Article 10
The entry into the Craftsman Registry shall be done by a registrar from the Craftsman Chamber.
The registrar shall be appointed by the Steering Committee of the craftsman chamber, based on a proposal from the President of the craftsman chamber.
In municipalities without established craftsman chamber, data entry in the Registry of Craftsmen shall be done by the nearest craftsman chamber, in compliance with the appointed public authorisation by the minister in charge of the civil service body in charge of craftsman related issues.
Article 11
The Craftsman Chamber of the Republic of Macedonia shall take data on founding, changes and deletion of sole proprietors, limited liability companies and sole proprietorship limited liability companies through an established web-service with the Central Registry, without compensation and in compliance with the Law on the Central Registry, and based on prior concluded contract between the two entities.
The Craftsman Chamber of the Republic of Macedonia shall inform the craftsman chamber about entering the data of a practicing craftsman in the Trades Registry in an electronic form and within three working days.
Sole proprietors, limited liability companies and sole proprietorship limited liability companies that practice craftsmanship activities and that need adequate vocational education, shall be bound to submit a request to the craftsman chamber to get a craftsman licence, which will be registered in the Craftsman Registry, within 30 days from registering in the Trades Register.
Sole proprietors, limited liability companies and sole proprietorship limited liability companies, shall be awarded the status of a practicing craftsman, if related to craftsmanship activities for which there is no required adequate vocational training or vocational education, by registering in the Trades Registry.
Entering data in the Craftsman Registry
Article 12
To be able to practice craftsmanship activity, unemployed natural persons shall submit a written request to the craftsman chamber to be registered into the Craftsman Registry in the place where they will have the premises in which they want to practice the craftsmanship activity. If there is no craftsman chamber in the place where they will have the premises in which they want to practice the craftsmanship activity, the unemployed natural persons shall submit the written request to the craftsman chamber that is nearest to the premises in which they practice the craftsmanship activity.
If the craftsmanship activity is practiced without premises, the request for entering the Registry of Craftsmen shall be submitted to the craftsman chamber that covers the area of the residence of the unemployed natural person who requests to be registered in the Craftsman Registry. If there is no craftsman chamber in the place of residence of the unemployed natural person, the request for entering the data shall be submitted to the craftsman chamber that is nearest to the place of residence of the unemployed person.
The request from paragraph 1 of this Article shall be submitted in two identical application forms, with one attachment of proofs.
Along with the request from paragraph 1 of this Article, the natural person shall submit:
-confirmation letter from the Employment Agency of the Republic of Macedonia confirming his/her unemployment status;
- proof of meeting one of the conditions from Article 35, paragraph 1 of this Law, and
- proof of paid compensation for a service of public competence.
Compensation shall be paid for issuing a Decision to enter data and for a Craftsman licence.
The Craftsman Chamber shall issue a Decision to enter data in the CraftsmenRegistry and a Craftsman licence within five working days of day of the submission of the request.
If the natural person submits documents that were not issued by authorised institutions with the request to enter data in the Registry of Craftsmen, the craftsman chamber shall make a decision to reject the entry in the Registry of Craftsmen.
The form and the content of the request from Paragraph 1 of this Article shall be prescribed by the minister in charge of the civil service body in charge of craft related issues.
The form and the content of the decision to enter data and the craftsman licence shall be prescribed by the minister in charge of the civil service body in charge of craft related issues.
The form and the content of the decision to reject the request to enter data in the Craftsmen Registry shall be prescribed by the minister in charge of the civil service body in charge of craft related issues.
A complaint can be lodged against the Decision from Paragraph 7 of this Article, within 15 days from the day it was received, to the minister in charge of the civil service body in charge of craft related issues.
Article 13
The natural person shall be awarded the title Craftsman on the day of the data entry in the Craftsman Registry.
One copy of the Decision to enter the data in the Craftsman Registry shall be submitted to the Central Registry.
Article 14
The Craftsman Registry shall be kept as a one-stop-shop system by the Craftsman Chamber of the Republic of Macedonia and the craftsman chamber shall enter the data of persons who practice craftsmanship activity on its behalf.
Article 15
The one-stop-shop system shall provide:
- gathering data that must be obtained in order to enter data about craftsman in the Craftsmen Registry and
- unification of all legally relevant data in one decision on exercising craftsman’s rights.
Article 16
The one-stop-shop system shall be used for:
-delivering a decision from the basic registration body to the Central Registry and submitting an Application Form for entering data in the Central Registry,
-development and delivery of documents for registering in and out of the Employment Agency of the Republic of Macedonia, the Pensions and Disabled Insurance Fund of Macedonia and the Health Insurance Fund of Macedonia, and
-development and delivery of documents to competent bodies in compliance with the law.
The following services shall also be available in the one-stop-shop system:
- development and delivery of documents related to a bank giro account of the craftsman choosing,
- making a stamp of the craftsman choosing,
-on the craftsman choosing, preparing and submitting a requestto the Public Revenues Office for issuing a decision for exemption from personal tax for introducing and using an approved system for registering cash payments in compliance with the provisions in the Law on personal income tax, and
- on the craftsman choosing, preparing and submitting a request for lump sum taxation for the Public Revenues Office.
Firm
Article 17
The craftsman who practices the craftsmanship activity in premises, shall have the insignia of the firm placed in plain sight.
The regulations applied to firms of trade companies shall apply to the craftsman accordingly.
The craftsman who does not need to have premises to practice the craftsmanship activity, does not have to have insignia placed.
Article 18
The craftsman shall use in his/her work the name of the firm he works in, as it is registered in the Craftsman Registry.
The craftsman may also use a shortened mark of the firm in which he/she practices the craftsmanship activity, which must differ from other shortened marks of craftsmen registered in the Registry of Craftsmen.
The shortened mark of the firm shall be registered in the Registry of Craftsmen.
Entering changes
Article 19
The Craftsman shall be bound to submit a request for making a change in the Craftsman Registry in a case he/she has changed the activity, has made amendments to the activity or has changed the address of the head office.
The Craftsman Chamber shall issue a decision for entering the change in the Registry within five working days.
The form and the content of the request to make a change in the Registry of craftsmen shall be prescribed by the minister in charge of the civil service body in charge of craft related issues.
The form and the content of the decision to enter a change in the Registry shall be prescribed by the minister in charge of the civil service body in charge of craft related issues.
Head office
Article 20
The craftsman may practice the activity in one or more than one premises, and the premise considered to be the head office shall be the premise registered in the Central Register.
If no premises are needed for practicing the activity, the place of residence of the craftsman shall be considered as the head office.
In case of craftsmanship activities that must be performed in premises, the practicing craftsman shall not perform the activity outside the working premises.
The practicing craftsman may practice the crafty, or some parts of the particular craftsmanship activity, outside the premises, as well as, outside the head office, depending on the type or the manner of practicing the craft, or in a case when it was agreed with the client.
Craftsmanship activities that must be practiced inside the premises shall be prescribed by the minister in charge of the civil service body in charge of craftsman related issues.
Article 21
The practicing craftsman shall provide that the premises for the activity meet the prescribed minimum technical conditions.
The minister in charge of the civil service body in charge of craftrelated issues shall prescribe the minimum technical conditions from Paragraph 1 of this Article.
Article 22
The practicing craftsman shall be bound to report to the State Market Inspectorate that the conditions from Article 21, Paragraph 1 of this Law were met, on the day he/she starts practicing the activity, using a template whose form and content shall be prescribed by the minister in charge of the civil service body in charge of craft related issues.
Practicing activity
Article 23
The practicing craftsman may perform only the craftsmanship activities listed in the decision to enter data in the competent register and in the craftsman license.
Article 24
The practicing craftsman, unless otherwise provided by another regulation, shall be bound to:
1) put the price list of his/her products or services in plain sight;
2) put the working hours in plain sight and to stick to those hours, and
3) have relevant documents on goods and materials, or services, both purchased and sold.
Temporary cessation of work
Article 25
The craftsman can stop practicing the activity in case of:
(1) illness, during the time he/she is incapable to work;
(2) adaptation and renovation of the working premises for up to three months, once a year;
(3) pregnancy, childbirth and parenting;
(4) detention, serving a prison sentence for up to six months, banned from performing the activity for up to six months, and
(5) reduced amount of work for up to three months, twice a year.
If the cessation of the activity lasts for less than 30 days, it shall not be considered a temporary cessation.
Temporary cessation of work based on all the above mentioned reasons shall not exceed six months within one year, with exemption to item 3 from paragraph 1 of this Article in which case the duration of the temporary cessation of practicing the craftsman activity shall be determined based on the labour related regulations.
The craftsman shall be bound to report the temporary cessation of activity in the craftsmen chamber within eight days from the day of the start of the cases listed in paragraph 1 of this Article.
Article 26
The craftsmen chamber that entered the data in the Craftsmen Registry shall, upon a request from the craftsman, issue a decision on temporary cessation of activity within five working days and shall submit one copy of the decision to the Central Registry.
The form and the content of the request for temporary cessation shall be prescribed by the minister in charge of the civil service body in charge of craft related issues.
The form and the content of the decision on temporary cessation shall be prescribed by the minister in charge of the civil service body in charge of craft related issues.
An appeal can be lodged against the Decision from paragraph 1 of this Article within 15 days from the day of receiving the decision, to the minister in charge of the civil service body in charge of craftsman related issues.
The craftsman shall be bound to put the period of the temporary cessation of activity in a visible place, if he or she practices the craft in premises.