Clerk
The merchant's assistant (or clerk ) was as a clerk , a clerk in a commercial enterprise , the commercial performance services against remuneration is busy. Today he is simply called "Kaufmann".
General
The clerk is not legally a merchant , but supports him with his activity in his trade and is bound by the merchant's instructions . A merchant is someone who runs the trade himself ( § 1 HGB ) without being bound by instructions from third parties . Confusion is therefore legally excluded. Colloquially, however, the bank clerk , hotel clerk or clerk for office management was and is spoken of, although strictly speaking these professions were clerks. The job title but "merchant" replaced since 1 September 2000, the former name of "Management assistant" and is used by the Chambers of Commerce for the graduates of a commercial training awarded.
Legal issues
In accordance with Section 37 BBiG, final examinations for which a certificate is issued must be carried out in the recognized training occupations after the professional training . It proves the professional ability to act ( § 38 BBiG). When the certificate is issued, someone becomes a “merchant” (previously: merchant's assistant).
The legal definition for the "business assistant" can be found in Section 59 of the German Commercial Code (HGB) , according to which commercial services are provided for remuneration. In the absence of an individual agreement ( employment contract in accordance with § § 611 ff. BGB ), the clerk must perform the local services and may claim the local remuneration (§ 59 sentence 1 HS. 2 HGB). A statutory non-competition clause is specifically regulated , according to which the clerk may only conclude business for his own account or for the account of a third party with the consent of the businessperson ( § 60 f. HGB). In return, the employer has a duty of care ( Section 62 HGB). In case of doubt, the clerk must provide his services personally ( Section 613 sentence 1 BGB). The employment contract establishes an employment relationship between the employer (the merchant) and the employee as an employee (the business assistant).
Business assistant letter
The business assistant's letter (not to be confused with the business letter ) was a final certificate that trainees received from the examination boards of the responsible Chamber of Commerce after completing their commercial training and successfully passing their final exams . This proof of qualification was equivalent to a journeyman's certificate in the trade and the skilled worker certificate for industrial training occupations. As a rule, it was considered a prerequisite for further training courses at the Chamber of Industry and Commerce, for example to become a specialist , specialist or business administrator .
The commercial assistant letter as a final certificate after successfully passing the IHK final examination has been abolished. Since September 1, 2000, if the final exam has been passed, the chambers have issued an IHK examination certificate in accordance with Section 37 BBiG, the designation of a commercial assistant certificate has since no longer been part of this IHK final certificate.
Economical meaning
The intellectual activity must predominate with the clerk, so that predominantly non-commercial, commercial, scientific or artistic activity and technicians or engineers are not clerks. Career paths are open to business assistants, because they can formally become an authorized representative , authorized signatory or even a board member of a company; socially, they can rise from clerk to group leader and department head to general manager .
literature
- Literature on clerks in the catalog of the German National Library
Individual evidence
- ↑ Hermann May / Claudia Wiepcke (eds.), Lexicon of Economic Education , 2012, p. 340
- ↑ Lutz Michalski, Exercises in Commercial and Company Law: Commercial Law , 1995, pp. 84 ff.
- ↑ Lutz Michalski, Exercises in Commercial and Corporate Law: Commercial Law , 1995, p. 85
