Qualification exam under § 34a: what it is and who needs it
The qualification exam under § 34a GewO is the exam before the Chamber of Industry and Commerce with which security staff prove basic knowledge of law and practice in the guarding trade. It is mandatory for certain activities, such as admission control at nightclubs or protection against shoplifters. For simpler guarding tasks, by contrast, the briefing at the IHK is enough, which is shorter and requires no exam.
Anyone running a guarding company also needs a licence under § 34a GewO. Besides the qualification this includes the reliability check by the competent authority. This article describes the path only in general terms, because the exact requirements and dates are given by the respective IHK.
At ESG the deployed staff is IHK-certified. Which activity requires which proof depends on the assignment, and that is exactly where the question to the provider is worthwhile. The page on guard services in Berlin gives an overview of typical assignments.
What the qualification exam tests
The exam covers areas of law that play a role in guard work every day, and it tests judgement rather than physical strength. Those who pass have shown that they can act in a tense situation by clear legal standards.
According to the requirements of the trade regulation, the topics include among others:
- Trade law and data protection law, so that guards know which data they may collect and pass on
- Civil law, criminal law and the rights of every citizen that limit intervention on duty
- The limits of the use of force and dealing with conflict situations on duty
- Accident prevention, dealing with people and the basics of de-escalation
Usually the exam consists of a written and an oral part. The exact structure, duration and fees are set by the respective IHK, so you should ask for these details there and not take them from general guides.
The exam is a foundation and not a conclusion. It shows that someone knows the rules but says nothing yet about how well he applies them in everyday work. What this looks like on duty at your site, we discuss in a free consultation.
How to recognise well-trained guard staff in everyday work
You recognise well-trained guard staff by what becomes visible on duty: precise documentation, clear knowledge of the legal limits and de-escalation before force is needed. These differences stay invisible as long as nothing happens and show only in an emergency.
A trained guard writes down incidents so that third parties can follow them. He knows that a provisional arrest under § 127 StPO is permissible only under narrow conditions, and calls the police when in doubt. And he speaks calmly when someone gets loud, because he has learned that a conversation usually achieves more than a grip.
Regulations and situations change, so training does not end with the proof of qualification. Refreshers, for example in first aid and fire protection, keep the staff up to date. Ask the provider whether such refreshers take place in documented form, because only then does further training exist beyond the paper.
Anyone looking for guard staff for a building or an entrance can also look at the doorman service in Berlin, where control and manners become particularly visible.
Which proof you can ask for before signing a contract
You may ask any guard service for proof of the staff’s qualification before you sign a contract. A provider that cannot or will not present this proof for its own staff is not a reliable partner for your property.
These points can be clarified in the quoting phase:
- the company’s licence under § 34a GewO
- the proof of qualification exam or briefing for the staff who will be deployed with you
- evidence of refreshers in first aid and fire protection
- the question of how incidents are documented and how you receive the reports
Also check the staff who will actually be standing at your site and not only the company’s documents. A common mistake is to rely on the company licence and never question the qualification of the deployed staff. In terms of data protection the provider should show you only what it may pass on.
If you go into the conversation with a list of these questions, you quickly get a picture of the provider. If needed, a free, non-binding consultation helps to determine the right scope for your property. This is not legal advice.
Legal basis: § 34a GewO, § 127 StPO
