Every person who needs care and support should receive the best possible form of help. This also includes the possibility of around-the-clock care at home. For employed carers, this form of care is regulated by the Home Care Act, while the self-employed profession of providing care is subject to the Industrial Code (Section 159).
Whether care work is self-employed or employed in individual cases does not depend on what the contract is called, but on whether the essential features of the work predominantly apply or not.
Characteristics of self-employed work:
- Possession of a trade licence
- No specifications on how and which work has to be carried out for the contractually agreed service (no instructions)
- No specifications on when the individual services have to be provided
- No supervision of the carer with regard to the provision of the service in terms of time and place or the order of work
- No obligation to carry out the work personally - another carer can deputise
Characteristics of employed work:
- Exact instructions for the carer on which care work should be carried out, and when, where and in which way it has to be done (time, place and sequence of the work)
- Continuous monitoring of the work of the carer
- Obligation to carry out the work personally - delegation to another carer is not possible
This form of so-called dependent employment corresponds to an employment relationship.
Alongside normal care work, certain nursing and medical tasks can be carried out in individual cases as long as they have been delegated to the carer by a qualified nurse or a doctor.