Contract design for the 24-hour care

Hiring a 24-hour carer includes numerous responsibilities, especially for the employer. In addition to the organisational challenge of finding a suitable employee and ensuring their integration into the everyday life of the person receiving care, legal aspects are also of central importance. A carefully drafted contract is essential in order to clearly regulate the rights and obligations of both parties. In particular, if the carer is employed directly by a private individual, this person takes on the role of employer with all the associated obligations.

Contract design

The employment contract plays a central role in the organisation of the employment relationship. Even if the carer works in a private household, a written employment contract should be concluded that regulates all essential working conditions. Such a contract serves as a legal basis and provides security for both the employer and the carer.

1. Clear definition of services: The contract should describe in detail what services the carer is to provide, from basic care and domestic activities to leisure time activities. A clear definition of the services helps to clarify expectations and avoid misunderstandings.
2. Working hours, rest periods and night work: It is crucial to clearly regulate working hours and rest periods in the contract in order to both fulfil legal requirements and avoid overworking the carer. Particular attention should be paid to night work, which is usually remunerated with a supplement.
3. Remuneration and bonuses: The contract should contain a clear regulation on remuneration, including basic remuneration and any supplements for night and public holiday work. It is important that the carer is remunerated fairly and transparently in order to avoid conflicts and ensure a high quality of care.
4. Accommodation and catering: The accommodation and meals of the carer must be regulated in the contract, as the care is usually provided in the household of the person being cared for. Adequate accommodation and meals contribute to the satisfaction and well-being of the carer, which in turn has a positive effect on the quality of care.
5. Liability and insurance: Liability issues and insurance should be clearly regulated in the contract in order to protect both parties from financial risks. This includes public liability insurance, accident insurance and provisions for the carer’s health insurance.
6. Contract duration and notice periods: Another important aspect is the definition of the contract duration and notice periods. It should be clearly defined whether the contract is for a fixed or indefinite term and which cancellation periods apply to both parties. Provisions for early termination of the contract, for example in the event of the death of the person receiving care, should also be included.
7. Substitution arrangements: In the event that the carer falls ill or is unable to work for other reasons, replacement arrangements should be set out in the contract. It should be regulated who bears the costs for a replacement and how this person is selected
8. Qualifications and further training: To ensure high-quality care, the qualifications of the carer should be specified in the contract. Regular further training can also be stipulated in the contract in order to keep the carer up to date.
9. Data protection and confidentiality: As the carer has access to very personal information about the person being cared for, data protection and confidentiality are of central importance. The contract should include a confidentiality agreement that obliges the carer to treat all information obtained in the course of their work as confidential.
10. Conflict resolution mechanisms: Despite all precautionary measures, conflicts may arise. The contract should therefore include mechanisms for conflict resolution, such as mediation or the determination of a place of jurisdiction in the event of a dispute.
11. A1 certificate: This certificate is proof that the carer is covered by social security in their home country and is not subject to social security contributions in Germany. The A1 certificate is essential to ensure that the carer remains covered by social security in their home country and that there are no double social security contributions. The employer or agency providing the carer should submit the A1 certificate. It is important that this certificate is available before the start of work and is attached to the contract. Without a valid A1 certificate, it is illegal to allow the carer to work in Germany, which can lead to considerable legal consequences.

Obligation of the employer

If a 24-hour carer is employed directly by a private individual, this person assumes the role of employer. This role entails various legal obligations that must be complied with:

• Company number: As soon as an employer hires a carer, they need a company number. This number is used to identify the employer for social insurance purposes and is required when registering the carer. The company number can be applied for online at the Federal Employment Agency.
• Reporting obligations: The employer is obliged to register the employment of the carer with the relevant social insurance institutions. This includes registration for health, pension, long-term care and unemployment insurance. The employer must also register the employment with the employers’ liability insurance association responsible for accident insurance cover.
• Register for social insurance: Registering for social insurance is one of the employer’s key obligations. The carer must be registered with the relevant social insurance institutions and the employer is obliged to pay the corresponding contributions. These contributions include health, nursing care, pension and unemployment insurance. Social security contributions are usually paid on a monthly basis. It is important to provide the correct data when registering in order to avoid legal problems.
• Payroll accounting: The employer must prepare a proper payroll accounting for the carer, in which all remuneration, supplements, social security contributions and taxes are itemised. These statements must be prepared regularly and submitted to the relevant authorities.
• Employment contract: Even if the carer works in a private household, a written employment contract should be concluded that regulates all essential working conditions. The employment contract serves as a legal basis and provides security for both the employer and the carer.

These employer obligations are essential in order to comply with legal requirements and to protect both the carer and yourself from legal and financial risks.

Summary

A carefully drafted contract is the foundation of successful 24-hour care. In addition to the clear definition of services, working hours, remuneration, accommodation and other important points, the employer’s specific obligations must also be observed. These include applying for a company number, fulfilling reporting obligations and proper registration for social insurance. The importance of the A1 certificate for cross-border childcare relationships should also not be underestimated. By drafting a comprehensive contract and complying with all legal requirements, a trustworthy and legally secure care situation can be created.