Migrant women in (24-hour) care: Nobody monitors the working conditions in private households

dossier

“Where sick or elderly people need to be cared for, relatives are often overwhelmed by the task. In addition to the wage work, having to wash your husband or mother, cook for them and perhaps even administer medication is exhausting and takes a lot of time. That's why many families employ private carers. In Germany, the majority of women come from Central and Eastern Europe. Helma Lutz researches the situation of carers in private households in Frankfurt. Above all, the sociologist calls for better pay for carers, an end to 24-hour work and more independence from the carer's household.”Interview from May 6, 2019 on Radio Dreyeckland , see also our dossier:Nursing crisis without a wage increase: “(Again) foreigners in! So into nursing.”and here specifically about the working conditions:

• "A symptom of the gaps in the care system": Violations of the labor rights of migrant carers in live-in care are everyday life
  “…Live-in care has now become very important for the German care system. Estimates put the number at 300,000 to 600,000, mostly migrant carers, who close gaps in care in private households. The live-ins take on care, household and often nursing activities and thus keep part of the care system running. This model is necessary because state offers and family resources are often not sufficient. At the same time, it is a model that is based heavily on the wage gap between Germany and Central and Eastern Europe.
  [What about the labor rights of employees?]
  Our interviews with consultants in employment law advice centers and supervisors themselves show that labor law violations are part of everyday life. This is particularly clear when it comes to working hours: work and free time are often difficult to separate. Carers must be available at night and on weekends without being compensated accordingly. (…)
  By being posted as self-employed workers on the basis of workshop contracts, they are excluded from the protective rights that employees are entitled to. Self-employed people are not entitled to a minimum wage, limits on working hours or continued payment of wages in the event of illness. However, it is often questionable whether there is real independence at all. In order to enforce her status as an employee, this would have to be legally established. However, a second mechanism is at work here, which we call informal disenfranchisement. Their access to justice is so difficult that mobilizing justice is almost impossible. (…)
  There is no structural integration of the live-ins into union work. This has to do with a lack of interest on the part of the unions, but also with the fact that classic union mobilization is made extremely difficult by the organization of work in private households and in commuter migration.
  However, the advice offered by “Fair Mobility” from the Federal Ministry of Labor and Social Affairs and the DGB makes an important positive contribution. It imparts knowledge about labor rights, supports those affected in enforcing their claims and establishes contacts with support structures. (…)
  If nursing care insurance continues to only cover part of the costs, the economic pressure to organize care as cheaply as possible remains. Live-in care is also a symptom that the gaps in care in the German care system are not being closed. The problem of the existing gaps in care is thus pushed into the private sphere - and costs are passed on to migrant employees. (…)
  In the long term, there is a need for state coverage of costs for the care of people in need of care that covers the needs so that households do not fill gaps in care by underpaying migrant workers. In the medium term, we see an important step in the direct employment requirement via German associations. Models for such legally secure employment can be found, for example, in the “CariFair” project, which German Caritas associations have established in cooperation with Caritas Poland and which enables fair and legal employment in care.”Interview by Peter Nowak from October 6th, 2026 in ND online with the sociologist Francesca Barp (“Sociologist Francesca Barp: “A symptom of the gaps in the care system”) - expert in labor law. Together with the political scientist Nikolai Huke, she designed a paper on the situation of live-in carers in Germany. At live-in, migrant carers usually live with the people they care for.
• Dubious deals, hardly any rights and delayed reforms: The system behind 24-hour care
  “There is no legally secure regulation for carers from Eastern Europe. How intermediaries benefit from gaps and families and helpers bear the burden.
  At some point the call comes. The mother has fallen and the father can no longer find his way around. Then the search for a quick solution begins; many families end up with so-called 24-hour care: a carer from Eastern Europe who lives in the household. But according to the industry's own assessment, nine out of ten offers are illegal. The number comes from Frederic Seebohm, managing director of the Federal Association of Home Care and Nursing (VHBP). He combines it with criticism of the legislature, which has been delaying any reliable regulation for years. As early as 2024, a joint report from the Federal Ministries of Labor and Health and the care representatives confirmed the findings: non-transparent contracts, exceeded working and rest times, frequent false self-employment, hardly any controls possible. According to the report, even mediation via an agency based in Germany “does not guarantee a legally secure model”. (…)
  A Konik contract available to SÜDKURIER limits working hours to 100 hours a month, three hours a day. The task list includes fifteen activities, from personal hygiene to repositioning bedridden patients to administering medication day and night. The wage stated is 9.35 euros per hour, the German minimum wage at the time of the contract in 2020. That's 935 euros gross for 100 hours. Of the around 2,000 euros that the family from the Konstanz district transferred to the Konik agency, less than half reached the woman who worked for them. The remaining part obviously went to agencies. Anyone who wants to leave the system will be disciplined. The supervisors face a contractual penalty equivalent to just under 1,200 euros if they violate the obligation of confidentiality, which also includes mentioning their own remuneration, and the same amount if they violate a one-year non-compete clause. The opposite is stated in the service contract with the family: Anyone who poaches a worker pays a fine of 2,000 euros…” ExtensiveResearch by Benjamin Brumm from May 3rd, 2026 in the Südkurier online 
• [““Anything goes” instead of clear regulations”] Shortcomings in “24-hour care”: Who will help them?
  “Hundreds of thousands of people from Eastern and Central Europe work in Germany to care for the elderly and the sick. Instead of fair jobs, they often find unacceptable conditions. (…)
  The term “24-hour care” is in quotation marks because in Germany no one is allowed to work 24 hours at a time for several days. But although many contracts talk about eight hours, days off and only occasional night shifts, the reality is often different. You have to check on the demented patient regularly, otherwise she will run into the kitchen and drink from the flower vase. The newly operated patient is constantly calling from the next room because he doesn't want to fall asleep for fear of never waking up again. You need help getting to the bathroom, maneuvering your body into a different sleeping position or simply holding your hand. (…)
  People from former Eastern Bloc countries, predominantly from Poland, have been working in German families for decades. But it was only through the EU's eastward expansion and the associated free movement of workers that it became an industry. Since then, EU citizens can be employed by private households (the employee model), self-employed (the self-employed model) or sent there by foreign companies (the posting model) without a special work permit. The latter is most common in Germany. So-called placement agencies can play a role in all three models. (…)
  In practice, it is difficult to check whether German labor law is actually being complied with - i.e. carers are allowed to take enough breaks or sleep through the night. Because their workplace is in a highly private, isolated environment. It is said, for example, that this in turn encourages abusive behavior and violence towards the live-insin a report by the Expert Council for Integration and Migration .The 2022 study also came to the conclusion that placement and sending agencies “often work dubiously”. Agreements are therefore often only made informally, employment contracts are not adhered to or are not even issued. It also happens again and again that live-ins are asked to take on tasks that have not been agreed upon or are not informed about the illnesses of the people being cared for.There are no quality standards or minimum requirements for placement agencies in Germany. The growth alone shows that it is a lucrative market. While there were only around sixty agencies in 2009, there are now many hundreds. (…)
  “Anything goes” instead of clear regulations
  In the book“Good worry without good work?” Several labor, migration and gender researchers have come to the conclusion that in Germany “anything goes” when it comes to “24-hour care” due to a lack of legal regulations. They attest that the posting model is incompatible with working time law and the associated minimum wage regulations. The “Damocles sword of false self-employment” hangs over self-employment.
  The employee model, in which private households become employers and have to take on formalities such as registering with social security institutions, is generally considered to be extremely bureaucratic and financially burdensome for families. Since there is no regulation in sight, politicians are adopting a “complicit attitude of laissez-faire,” writes Ewa Palenga-Möllenbeck, who researches labor migration in the field of nursing at the Goethe University in Frankfurt am Main.
  The traffic light coalition had set itself the goal of creating a “legally secure basis” for live-in care. In oneFinal report published in November A working group stated that they had come to the conclusion that there was “no easy-to-implement concept”. “We still need to work on a solution“…”Article by Leonie Gubela from January 12th, 2025 in the taz online Overall, very worth reading, also on the subject of sexual “harassment”
• The bitter end of a successful lawsuit in so-called 24-hour care: After years of litigation, Dobrina D. is left empty-handed
  "Dobrina D. lives in Nessebar, a small town on the Bulgarian Black Sea coast. Actually a nice place to enjoy retirement. But Dobrina D., who has cared for senior citizens in Germany for years, has none of that. The 73-year-old receives the equivalent of 260 euros in pension per month. That's not much for one person, even in Bulgaria. "Since I also support my daughter and grandchildren, I have to calculate exactly how I spend money," says her. Dobrina D. should actually have more in her account: 32,029 euros more, to be precise. The Berlin-Brandenburg State Labor Court awarded her this sum in September 2022, after more than four years of litigation. It is money that Dobrina's former employer owes, a Bulgarian company that sent her to Germany. But the company doesn't pay. Dobrina D. will probably never receive her money. (…) In order to enforce the judgment, Dobrina D. commissioned a law firm in Sofia with the support of the United Services Union ver.di. Bad news came from them: enforcement was not possible. Apparently the owners of the Bulgarian sending company had not been idle either. As soon as the process began, the company's business activity declined noticeably. The number of employees fell from 68 in 2017 to just one in 2019. Company renaming, changes of managing director and ownership followed. When the bailiff finally approached the company, the new managing director declared that he had no reserves and filed for bankruptcy. Due to the unfavorable Bulgarian insolvency law, any further legal step would be associated with high costs for Dobrina D. - and without any real prospect of success.This is the end of their legal process in Bulgaria. The sad conclusion remains: getting justice doesn't mean getting money. After years of exploitation and subsequent legal battles, Dobrina D. is left empty-handed. (…) It is not just the Bulgarian posting company that is to blame for this, as it has evaded enforcement. It is also the system of so-called 24-hour care that covers the enormous need for care in Germany with carers from Eastern Europe - and often cheats them out of a considerable part of their wages. Placement agencies such as German Senior Care, which Dobrina D. recruited through the Bulgarian sending company, promise their customers “24-hour home care” starting from 2,590 euros per month. On its website, the company, which has 20 locations throughout Germany, Austria and Switzerland, emphasizes that the German Working Hours Act naturally applies to posted carers and refers to the ruling of the Federal Labor Court. But in the event of violations, the brokerage companies escape responsibility thanks to a regulatory loophole. "In practice, current labor law is rarely applied and minimum standards are often not met. Since the women work in isolation in private households and often do not know their rights, hardly any of these cases ever end up in court," says Justyna Oblacewicz, consultant at Faire Mobility in Frankfurt am Main, who accompanied Dobrina D. on her journey. (…) For Dobrina D., this is a bitter end to her years-long fight for justice. Your financial worries will remain. “I am very disappointed, sad and also angry,” says the 73-year-old. “I didn’t want anything for free.All I ever wanted was the money I worked for.” Article by and at DGB Fair Mobility from November 2024 with link to the Bulgarian translation, see the history several times here below
• Nationwide customs raids against social security fraud and illegal employment of nursing staff from Romania in 24-hour care
  “The nursing staff were recruited in Romania and their social security contributions were not paid regularly: around 200 emergency services searched apartments and business premises to find evidence of undeclared work in nursing.
  In a nationwide raid, customs searched for evidence of social security fraud and illegal employment in the care industry. The Dortmund public prosecutor's office and the Münster main customs office said the action was directed against a corporate complex that provides nursing staff for 24-hour care in private households. Around 200 emergency services searched 22 residential and commercial properties across Germany, said a spokeswoman. At the same time, actions took place in Romania. Two men and two women between the ages of 47 and 75 are being investigated who are said to have recruited workers in Romania, among other places, over several years, who then worked as nursing staff in private households in Germany. However, contributions for pension insurance, unemployment, nursing care or health insurance were not paid regularly for the recruited workers. The investigators estimate the damage to the German social system to be at least 2.2 million euros. There is also an initial suspicion of illegal employment…”Report from September 18, 2024 in the Spiegel online (“Nationwide raids: Customs takes action against undeclared work in care”)
• Care at any price: The business of 24-hour care 
  “On call day and night, that's what Dobrina D.'s life was like as a 24-hour carer in Germany. Due to financial hardship, the Bulgarian took the job almost ten years ago. Unaware of their rights – and for a wage of just 950 euros. Now she no longer wants to be exploited.The Romanian Marinela, on the other hand, is just packing her things to look after a 96-year-old man she doesn't know for the next few weeks. The team from “mehr/wert” accompanies her and observes how she gets on. Whether through a placement agency, bogus self-employment or illegally: an estimated 600,000 people from Eastern Europe and the Balkans work as 24-hour carers in Germany. For them this means a significantly better salary than in their home country. Urgently needed personnel for the more than 5.6 million people in need of care. A system from which many benefit, but there are no binding regulations.Who are these people who maintain our care system? And at what cost do they do this?“Video of the contribution in the program mehr/wert on July 25th, 2024 on BR television 
• LAG Berlin-Brandenburg 2022: “24-hour carer” must also receive wages for 24 hours - Bulgarian carer has still not received her money
  ““The fact that we do this difficult work does not mean that we are third-class citizens."
  Mariana* is 72, comes from Bulgaria and had to argue in court that she was paid for her work as a carer for old people in Germany (…) I had to go to Germany several times for court hearings. In 2021 I was proven right in the final instance. They said that because I was available around the clock, I had to be paid accordingly. Many media outlets reported on the case. I gave interviews. But I still don't have my money. The case was handed over from Germany to a lawyer in Bulgaria. But he doesn't do his job. I think he's in cahoots with the head of the Bulgarian company. He founded a new company, which is now bankrupt. The lawyer disappeared. Now I don't know what happens next.”Minutes from May 29, 2024 online on Friday (“Exploitation of foreign workers: “We are not third-class people””)
  • In it, Sascha Lübbe writes under “Mariana’s story”: ““The case is not yet closed for us," says Justyna Oblacewicz, Mariana's consultant and sector coordinator for home care at the Faire Mobility advice center. "We are currently checking why the money has not yet been paid."
    The ruling is nevertheless groundbreaking. Mariana got justice before the labor court, the state labor court and, in the final instance, before the Federal Labor Court. Oblacewicz says this has empowered other women in Mariana's position. “It is now easier for them to go to court; they can refer to the verdict.”
    In addition, the judgment contributed significantly to the traffic light including a passage on the subject in the coalition agreement. “We are creating a legally secure basis for 24-hour care in the family area,” it now says. Oblacewicz says that little has happened politically so far. “It is all the more important that we talk about it more again.”“
  • Fair Mobility will tweet about this on May 30, 2024 : “Bulgarian carer who was able to enforce payment for care times in German courts has still not received her money. @FaireMobilitaet and a lawyer are currently investigating why the money was not paid.”
  • SeeInformation about the trial and verdict here below
• Wasn’t there something about the impossible “24-hour care”? Evidence of massive abuse of the carers' working hours
  “The major construction site still lacks a legally secure foundation. Others take a look at the people who do this (…) The Federal Institute for Occupational Safety and Health (BAuA) has published four reports on the carers who were surveyed (…) More than 4 million people in need of care are cared for at home in Germany. A group that has been making an important contribution to this for years and has so far received little attention in the outpatient care setting is the estimated 300,000 to 600,000 home care workers.
  Based on the results of an online survey of 429 caregivers from Poland, Bulgaria, Croatia and Romania, sociodemographic and employment-related characteristics of this group are described. To date, Germany lacks both a secure legal framework for this care work in private households and data on working conditions. With the data, the BAuA wants to make a contribution to reducing the problem. The basis for this is the study “Determination of the work and health situation of home care workers in Germany”, which was carried out in 2023. (…) Most carers work as contractors (43%), 39 percent are employed and eleven percent are self-employed. Half of the carers have a written contract. Almost three quarters have concluded this with an agency. 7 percent of carers with a contract were not aware of it before starting work. In almost a third, the contract does not contain any specifications regarding the hours of work to be performed per week. (…)
  Evidence of massive abuse of the carers' working hours
  When asked about the usual number of working days per week, 77 percent said seven days, 19 percent said six days and four percent said five days. You have to let that sink in first: the average weekly working hours for home care workers is around 72 hours per week! The majority of carers also work in the evenings (88%) and 63 percent of those surveyed expect to get up at night to provide care. Working on the weekend is part of the job for almost all home care workers (97%). It should be noted that three quarters of the carers with a contract and 90 percent of those without a contract report that their overtime is neither financially nor through compensatory time off. 
  The reportWork in home care I summarized: »The very long working hours are striking - per week (often 7 days) but also per day (more than 10 hours) - at a time when there is increasing discussion in Germany about a 4-day working week. It is critical to ask to what extent the working time requirements defined in the Working Hours Act (ArbZG) (maximum daily working hours, rest periods, recording of working hours, etc.) are also guaranteed for home care workers. Presumably, this group, which is not very visible for occupational safety as a whole and the institutions responsible for enforcing working time regulations, works in a working time reality that is disconnected from it. There is an urgent need to check or Need for action to protect the care workers.« (…)
  Almost 40 percent of carers always or often have to do hard physical work.
  The assessments of the frequency of difficult contacts with those in need of care or their relatives as well as sexual harassment during work are harsh. One in five carers reports that they have been verbally abused or insulted several times in the past year, and one in ten reports experiences of violence during work and unwanted physical advances.
  In the accounting of the reportWork in home care II It then states that the “data indicate that carers also provide home nursing to a substantial extent, which according to SGB V is reserved for nursing professionals. This corresponds to an illegitimate expansion of tasks and is unacceptable and not legitimate with regard to the quality of care as well as the associated assumption of responsibility and possible excessive demands on the care staff.« (…)
  On average, home care workers show higher levels of burnout symptoms than the average population. A good third of the carers often/always feel physically exhausted and almost half often/always feel emotionally exhausted. Presenteeism, i.e. working despite illness, also shows an above-average level.
  In the reportWork in home care III is summarized as follows: "The survey results reported here on the health of home care workers show that, on average, they are more affected by burnout symptoms and go to work sick more often than is the case in geriatric care or the general working population. The values ​​for emotional exhaustion are particularly striking. (…)
  The conclusion in the report is:Work in home care IV , significantly supplemented by the heading “Urgent need for action”, based on a quote from the survey – which unfortunately speaks for itself:"Much can be said and is being said about the problems and solutions, but only until then! Nobody is interested in making the much-needed changes!" (ID 689)“Post from May 2, 2024 by and at Stefan Sell 
• Self-employment of home care workers in Germany and Austria: Good solution or just another model of exploitation?
  "The future of home care is the subject of an intensive debate between scientists, social partners and representatives of families in need of care in Germany. Against the background of demographic change, precarious working conditions for foreign employees in this sector, as well as the minimum wage requirement for 24-hour care confirmed by the Federal Labor Court, the creation of a legally secure basis for home care is becoming increasingly urgent. Some advice centers in Germany and Austria also include migrant carers Labor rights, have written a joint statement on this topic as part of a transnational network. In it they draw attention to the risks of the so-called self-employed model and are clearly in favor of protecting labor rights in this special work sector. The BEMA at Arbeit und Leben Berlin-Brandenburg DGB/VHS e.V. was also involved in the creation of the statement. Press release from the Berlin Advisory Center for Migration and Good Work (BEMA) from January 2023 
  • From the conclusion in the 6-pagejoint statement from January 2023 :"... When comparing the working conditions of self-employed carers in Austria and Germany, it becomes clear that their situation appears to be similarly precarious in both countries. Both the unrestricted working hours and the resulting low wages as well as a lack of social security are integral parts of the models. It also becomes clear that the carers have very limited options for shaping their own working conditions, as these are largely dictated by the agencies. The strong dependence on the agencies as well as the often exercised right to give instructions by the clients' families also indicate false self-employment. The often very precarious working conditions often even have characteristics of the criminal offense of labor exploitation (§ 233 StGB). Overall, we come to the conclusion that working as a carer on the basis of self-employment should be rejected because it offers more disadvantages than advantages for the target group are dismissed as employers. The advisory centers that signed the statement speak out firmly against the introduction of the self-employed model based on the Austrian model in Germany and advocate the introduction of the employer model in which either the agency or the family takes on the role of employer and the carers are protected by employee rights...”
• 24-hour care: How German politicians look the other way 
  “According to a ruling by the Federal Labor Court, carers who work 24 hours a day should also be paid for this. So far they have often been exploited…”Text and video of the contribution by Anne Ruprecht in the Panorama 3 broadcast on NDR from December 13th, 2022, the worth seeing report looks at the situation of carers in Germany and draws a comparison to Austria, where the carers work as self-employed people. (See our dossier:24-hour carers in Austria: “We just want a few rights”)
• Even in “24-hour care”: on-call time must be paid for 
  “Home care: Complainant from Bulgaria demands back pay after several years of litigation through all instances. The verdict should have a signaling effect – also for politics
  "I'm proud that I took this step." This is how Dobrina Alekseva comments on the ruling of the Berlin-Brandenburg State Labor Court (LAG) on September 5, 2022. After a process that lasted more than four years and went all the way to the Federal Labor Court, the LAG awarded the plaintiff a right to back pay in the amount of 38,709 euros gross. For years, Dobrina Alekseva looked after a 90-year-old senior citizen in Germany in her private apartment as a so-called “24-hour carer”. However, her employment contract only stipulated a weekly working time of 30 hours. And she was only paid for these 30 hours per week, at 950 euros net per month. (…) The now probably final decision largely confirms the plaintiff's claims. The court only dismissed the lawsuit for a small portion of the payments claimed. Here, after taking evidence, the court did not consider it to be proven beyond doubt that the plaintiff had actually been on standby. It was about times that the senior citizen spent with family members in her apartment or in a restaurant.This shows how important it is that employees, especially in home care, document the working hours they actually work as completely, accurately and comprehensibly as possible. Even if the Federal Labor Court made it clear in September 2022 that recording working hours is part of the employer's obligations, employees should never rely on this actually being done correctly. Your own working time records are therefore a must! A notebook or pocket calendar is sufficient for this and, in the event of a legal dispute, offers a much better basis for argumentation against the employer, even years later, and can be decisive in court.The ruling by the LAG Berlin-Brandenburg could send a signal among employees in home care. Because the conditions that Dobrina Alekseva defended herself against are not an isolated case. According to expert estimates, several hundred thousand so-called "24-hour care workers", mostly from Eastern Europe, work in German senior citizens' households under often illegal contractual arrangements and under highly problematic working and living conditions. The model worked for many years, also because many employees do not know their rights and rarely find access to unions and advice centers like those of “Fair Mobility”..”Article in “Fair Mobility” from November 2022 
• Deployment of Polish care workers (live-ins) in Germany: Recommendations for action for more legal certainty and better working conditions 
  "Home care beyond professional care has become an integral part of the German care system. It is ensured by - almost exclusively female - migrant workers who not only work but also live in the households of those in need of care ("live-in"). Their situation is characterized by legal lack of transparency and uncertainty and is burdened with suspicion of systematic legal violations. There are profound legal problems associated with the working time regime, which is often described with the term “24-hour care”. The current study, commissioned by the Equal Treatment Body for EU Employees/IntB, addresses legal issues relating to the use of Polish carers in German private households. For this purpose, original contracts with which the Polish “live-ins” were active in Germany were analyzed. Based on this analysis, the authors present recommendations for action that are intended to ensure greater legal certainty and better working conditions.” Press release from the Federal Government Commissioner for Migration, Refugees and Integration - Equal Treatment of EU Employees from October 5, 2022 (“Study on legal issues when deploying Polish care workers (live-ins) in Germany through the placement of Polish agencies”)
  • In detail we recommend, among others:Eva Kocher and Nastazja Potocka-Sionek in their 97-page study from October 2022 :"... What is relevant for the legal position is whether it concerns employment contracts or civil law service contracts. However, this delimitation is accompanied by a high degree of legal uncertainty in all legal systems. On the one hand, this has something to do with the typological method of delimitation, as is also used in Polish and German law. Designs with civil law service contracts often contain individual design elements, even in situations of extensive dependency of the live-in forces, which they provide as arguments for independence (...). More Legal uncertainty arises from the cross-border situation (…) The core labor policy problem is, above all, excessively long working hours; these threaten to overwhelm live-ins and therefore also represent a risk for the quality of care. The numerous subsequent labor policy problems that arise in the typical transnational constellation from the strong dependency of live-in forces should not be underestimated (…) The present study has confirmed what numerous previous studies have already highlighted: the legal uncertainty in the application of the Labor law is a problem especially for the affected live-ins and their advisors. (…) The aim of the coalition agreement to create a “legally secure basis for 24-hour care in the family area” can therefore only amount to promoting employment subject to social security contributions, whether by way of posting or not…”
• Hard work, little protection. Eastern European workers in home care in Germany 
  “…This publication contributes to a better understanding of the working and living conditions of live-ins and uses 17 case studies from consulting practice to illustrate typical problem constellations. There are violations of labor law due to the structure of employment, for example through contractual content that violates (human) rights, non-transparent employment contracts, irregular employment or even (false) self-employment. In particular, excessive working hours due to the expectation of “round-the-clock care” and unpaid work are among the central problems of live-in care. In addition, the often short-term employment of migrant live-ins also creates further obstacles to access to basic rights, such as medical care and legal enforcement. Live-ins also face particular difficulties arising from the fact that they work and live in a private household. They sometimes experience severe overload and physical and sexual violence. In addition, privacy can be threatened as a result of (unauthorized) video surveillance and constant control. The corona pandemic has made the situation worse for live-ins in various ways, for example through an increase in assigned tasks and responsibilities as well as isolation in private households. The analysis highlights the urgent need for action in regulating the working and employment relationships of live-ins in Germany…” From the introduction toAnalysis by Greta Schabram and Nora Freitag from October 2022 at the German Institute for Human Rights
• LAG Berlin-Brandenburg: “24-hour nursing staff” must also receive wages for 24 hours
  “… A carer employed as part of “24-hour care at home” is entitled to be paid a minimum wage for the entire 24 hours. This was decided by the Berlin-Brandenburg State Labor Court (LArbG) and essentially upheld the lawsuit brought by a Bulgarian nurse (judgment of September 5, 2022, case number 21 Sa 1900/19). A Bulgarian woman was placed as a carer by a German agency that advertises “24-hour care at home” and was sent to Germany as a carer by her Bulgarian employer. Here she cared for an elderly woman who lived alone in her apartment in a retirement community. She lived with the woman and looked after her extensively: she ran the household, helped the lady with food and personal hygiene and kept her company. A care fee was agreed for 30 hours per week. The Bulgarian nurse now demanded compensation not just for the 30 hours per week, but for the entire 24 hours per day. Because she had to work every day from 6:00 a.m. to 10:00 p.m. or 11:00 p.m. and also had to be ready at any time at night. She is therefore entitled to the minimum wage for 24 hours, seven days a week, i.e. 168 hours per week. However, the employer disputed these working hours and referred to the agreed working hours of 30 hours per week. The LArbG essentially upheld the lawsuit. As part of a comprehensive examination of evidence, it was concluded that the Bulgarian carer actually had to ensure the care of the old lady for around 24 hours a day and thus for significantly more than the contractually agreed 30 hours a week, as she would have had to be on call at all times.This means she is entitled to the minimum wage for this period. This claim only no longer applies for times when the lady received visits from her family or was in the restaurant with family members. The State Labor Court did not allow the appeal to the Federal Labor Court. It is possible to lodge an appeal against non-admission.” Report from September 5, 2022 at Legal Tribune Online , see also:
  • Press release from the Berlin-Brandenburg State Labor Court, file number 21 Sa 1900/19 
  • Press release from DGB-Rechtsschutz from September 5th, 2022 
  • DGB: 24-hour care – LAG strengthens the rights of carers
    "Anja Piel, DGB board member, on the ruling of the Berlin-Brandenburg State Labor Court on so-called 24-hour care: "With their rulings, the Federal Labor Court and the State Labor Court have strengthened the rights of hundreds of thousands of live-in carers in Germany. Today's decision by the LAG Berlin-Brandenburg shows: It is worth suing. So that carers cannot only take legal action individually and at great personal risk, the DGB has a duty to protect carers from exploitation and labor law violations from the outset. It must develop practical, legally compliant solutions that cover non-care needs - for example, work in the household and other support and care. At the same time, effective precautions are required so that employees are not forced into legally questionable employment models such as bogus self-employment, in which they have to laboriously fight for their rights Implement the European Court of Justice and require employers to introduce a tamper-proof, reliable and accessible time recording system for all employees. This also means that on-call times must be recorded completely.” DGB press release from September 5, 2022 
  • ver.di statement on the LAG ruling on so-called 24-hour care
    “Sylvia Bühler, member of the ver.di federal board, explains today’s ruling by the Berlin-Brandenburg State Labor Court on so-called 24-hour care:"Today's judgment is a success across the board for our colleague. It once again shows the urgent need for action. 24-hour care must finally be addressed by politicians. Employees must be protected from having to work around the clock. The system fundamentally violates the Working Hours Act and health protection, and the statutory minimum wage is regularly evaded here. But people in need of care and their families also finally need legal certainty and, above all, an official, needs-based assistance system. Even against the background of the effects of the collective wage obligation for employers who are not bound by collective agreements, it is overdue to further develop nursing care insurance into a “solidarity care guarantee”: everyone pays in and care-related costs are borne entirely by the solidarity community. And there must be an end to German and international care companies withdrawing money from the system with high returns. Care must be organized again with a focus on the common good.” ver.di statement from September 5, 2022 
• [Hearing on September 5th before the Berlin State Labor Court] “Who tells you how she should do what?” About the rights of the 24-hour carers 
  “[The case will now be heard again before the Berlin State Labor Court on September 5th, why?]
  The court should determine the number of working hours more precisely. It had come to 21 hours a day. The higher court did not find the reasons sufficient, which is why the case was referred back again. This is also difficult to measure. Was there free time? How much was the care effort? There were hours of witness interviews at the regional court in April. Family members testified, as did the management of the Bulgarian sending company, as did the plaintiff. The crux: Apart from her, none of the witnesses were permanently present in the household. Unfortunately, the senior citizen can no longer be asked as she has since passed away. And according to German labor law, the plaintiff must first prove her claims.[What number of hours will be released on September 5th?]
  Of course, I hope for Dobrina that the entire scope of work will be recognized and compensated. What I find significant about her: She doesn't want more money, just what she has worked for and earned.
  [Her legal battle has now lasted four years, how combative is she still?]
  She never tires of informing carers and appears again and again in reports and articles. What's most important to her is that colleagues don't let everything happen to them, but rather stand up for their rights. At the same time, she wants the process to end soon and she finally receives the money she is entitled to.
  [How could she even survive the whole thing financially?]
  She filed the lawsuit with the help of a counseling center and a private lawyer and won in the first instance. Due to the importance of the case for the employee group, Verdi accepted them as a member and took the case to the Federal Labor Court. To be honest: Without the support of the union and the DGB legal protection, this case would definitely not have gotten this far and would not have had this scope.
  [What impact has the ruling had so far?]
  We are increasingly receiving inquiries from carers who refer to this ruling: I have heard about it, can I use it for myself too? Caregivers have occasionally reported to us that lawsuits have been filed. They often end with comparisons, which is in the interests of the carers, who want to see the money as quickly as possible. The ruling also led to a sentence in the coalition agreement: “We are creating a legally secure basis for 24-hour care in the family area.”…”Conversation with Justyna Oblacewicz by Alexander Reich in the Junge Welt on August 29, 2022 
• Minimum wage for 24-hour care: The proceedings continue - judgment postponed
  "Bulgarian nursing staff who are employed around the clock in a German household are entitled to a minimum wage. The Trade Union Center for Revision and European Law enforced this at the Federal Labor Court in June last year (Federal Labor Court, judgment of June 24, 2021 - 5 AZR 505/20). The Berlin-Brandenburg State Labor Court now has to clarify how many hours are to be paid in a specific case. (...) That The State Labor Court had estimated the Bulgarian plaintiff's workload at 21 hours and awarded her around €30,000 for this. According to the employment contract, she was only supposed to work 30 hours a week and was only paid for these. However, the Federal Labor Court did not see sufficient evidence that the plaintiff had three hours of free time per day and therefore referred the proceedings back for further clarification Monday, April 25th from 10 a.m.…” Notice from DGB Rechtsschutz GmbH Berlin dated April 22, 2022 and the update: 
  • Proceedings regarding minimum wage for 24-hour care postponed
    “There is currently no decision in the minimum wage case for the Bulgarian domestic helper who worked around the clock in a senior citizen's house. After a mammoth session, the court adjourned. Now it's the parties' turn. After nine hours, the presiding judge Dr. Oda Hinrichs the hearing at around 8 p.m. In addition to the litigants, she also heard from the two children of the woman in need of care who looked after the plaintiff. It had to be clarified to what extent the plaintiff, who was represented by the DGB Legal Protection Office Berlin, worked in the household or was on call, and to what extent she had free time. If she worked or was on call, this must be compensated. Only 30 working hours were agreed in the employment contract. The court has now given the parties six weeks to comment on the results of the taking of evidence. It will then decide how to proceed with the procedure. Gert Groppel from the ver.di contact office of DGB Rechtsschutz GmbH, who accompanied the entire process, ventures an initial prediction: "The children obviously wanted someone to be in the house at all times. The other side cannot rely on the fact that the plaintiff could have lived somewhere else. The 30 hours are by no means sustainable.”…”Notice from DGB Rechtsschutz GmbH Berlin dated April 26, 2022 
• An interdisciplinary study of placement agency measures: Reduction of working hours in live-in care
  "In addition to inpatient and outpatient care, live-in care has now developed into the third pillar of the geriatric care system. In the industry, which is dominated by irregular employment, the working conditions are characterized by excessively long working hours and unpaid on-call services. However, some placement agencies are establishing voluntary self-regulation measures. The social and legal research reveals possibilities and limits as to the extent to which this can result in a reduction in working hours."In the 166-pageStudy 471 by the Hans Böckler Foundation from April 2022 Simone Habel and Theresa Tschenker, among others, draw the following conclusion:"... From a legal perspective, it should also be criticized that a live-in bears the main responsibility for compliance with working time regulations. This practice fundamentally contradicts the European and domestic legal situation, according to which employers are responsible for legally compliant work organization. (...) Overall, the investigation has made it clear that, despite the established measures regarding the issue of working time, there are also very fundamental gaps among the "pioneers". The study made it clear - in line with the existing literature - that agencies centrally advertise legality in order to establish legitimacy, but violate legal provisions such as statutory working time regulations (...). The core problem of working hours, the expectation of so-called 24-hour care, is not solved even by the “pioneers” of the agencies. It can therefore be argued that corporate self-regulation alone is insufficient to improve working conditions in live-in care; rather needs“There are state regulation and control instruments (…) The present study shows that the self-regulation that is becoming established through placement agencies alone cannot solve the central problem of working hours in live-in care.”
• Elderly care: care progress à la traffic light 
  "Hundreds of thousands of women from Eastern Europe look after old people at home, often under illegal conditions. The traffic light parties are now planning a "legally secure" regulation. This can look very different (...) What drove the BAG decision is the political debate about how the care of old people at home should be regulated in the future. (...) The Federal Association for Home Care and Nursing (VHBP) is calling for a "solution like in Austria." (...) In Austria, most carers are from Eastern Europe Self-employed people and - like all other self-employed people - have social insurance. At the same time, there is no statutory upper limit for working hours and no minimum hourly wages, explains Kurt Schalek from the Vienna Chamber of Labor "nd.Die Woche" (...) At the same time, the salaries for the live-in care workers remain low and the working hours are unregulated. This is precisely why Diakonie, Caritas and trade unions reject this model (...) There is nothing in the chapter on care the question of whether the traffic light parties prefer the self-employed or the employee model. Instead, the chapter on the labor market states that household-related services will be promoted in the future and that more socially insured jobs will be created. It is specifically planned that people with children or relatives in need of care will receive allowances for household-related services in the future, said the old and new Labor Minister Hubertus Heil “Everyday helpers” because they have social insurance and receive the minimum wage.However, the coalition agreement does not explicitly rule out these subsidies even if the everyday helpers are self-employed. However, Verdi expert Erdmeier assumes that the bonus will only be paid if the person is employed and has all employee rights, including an average of a maximum of eight working hours per day, as stipulated by the Working Hours Act. (…) The problem is that agencies can continue to provide formally freelance carers who are supposed to be available more or less around the clock. A number of families are likely to continue to request these workers. Because “the basic problem in geriatric care has not been solved: statutory nursing care insurance only covers part of the care costs,” says Heike Prestin from Diakonie. (…) “Especially in outpatient care, there will still only be partial service insurance.” Too large a proportion of the care must therefore be organized privately and taken over by relatives or carers from Eastern Europe. “The new government needs to make significant improvements here.” Erdmeier also calls for full insurance that covers all care costs for everyone. “This is the only way to ensure that there are sufficient outpatient care options in the future and that exploitative working relationships are reduced.” Article by Eva Roth from December 30, 2021 in new Germany online 
• More than a full-time job. The now widespread “live-in care” means absolute availability for the mostly migrant and female nursing staff 
  “…Those in need of care, relatives and agencies expect the so-called live-ins to be constantly accessible and ready for action - an attitude that is also created and maintained by the fact that agencies advertise the offer of "24-hour care". Because the (almost exclusively female) care workers are constantly on call, the statutory maximum working hours are significantly exceeded. Despite the obvious violations of minimum standards of labor rights, between 300,000 and 600,000 migrant women in Germany are currently caring for those in need of care in this way, under extremely precarious conditions. The legal violations in live-in care have so far been accepted by the state. Due to the lack of state controls on working conditions and the underfunding of the care sector, a “gray market” has developed. The relevant placement agencies help shape this market and in doing so refer to the legal framework, which they do not fully implement.Our study »Reduction of working hours in live-in care. An interdisciplinary study of placement agency measures looked at a particularly influential group of agencies: the so-called pioneers. Placement agencies that are seen as “pioneers” are characterized by a proactive criticism of the fact that live-in care is not regulated as an independent industry. The “pioneers” shape the live-in market through their size or through political lobbying. Some are very active members in the agencies' association structure. They have recognized the quality of care services and placement activities as a competitive advantage and are trying to differentiate themselves from other providers and the “black market”. They also establish self-regulation approaches and make voluntary commitments to minimum standards. We were interested in whether these approaches to self-regulation could improve working conditions – particularly comprehensive working hours. (…) To what extent has the self-regulation of the agencies contributed to reducing the working hours of the live-ins? Our research has shown – hardly. (…) At the same time, the study shows that little has changed in the fundamental problem of working hours; Rather, problematic live-in care structures also permeate the “pioneers”. The agencies' understanding of working time is often characterized by contradictions and disagreements about the nature of the work. Care work, responsiveness and caring are not understood as work...”Article by Theresa Tschenker and Simone Habel from November 12th, 2021 in ND online 
• How exploitation can be prevented: When foreign nursing staff are employed in German households, their working conditions are often intolerable. Politics must regulate the industry 
  "24-hour care urgently needs to be reformed. The situation of the workers, most of whom come from Central and Eastern Europe, is characterized by problematic working conditions and an uncertain legal situation. As a rule, the carers live under the same roof as the person to be cared for, they are on duty around the clock, but are only paid for a few hours per day. On the one hand, politicians should ensure that alternative offers reduce the need for so-called live-in care. On the other hand, where it cannot be dispensed with, they should: The responsibility of placement agencies and quality standards for good work came to this conclusion Live-In-Care should be an employment contract between the worker and an agency. The person in need of care or their relatives then concludes a contract with the agency. This ensures not only minimum standards of occupational health and safety, but also minimum wages and social security.In principle, the Social Code already makes it possible to use the conversion entitlement and the relief amount for an offer of 1:1 home care that is recognized as “support in everyday life”. This co-financing by the nursing care insurance fund should be significantly expanded. It must be clearly determined in advance which work the carer will be responsible for and what proportion of on-call time is planned. The prerequisite for this is a comprehensive needs assessment, which should be coordinated by a municipal care base. In order for the legally required free times to be adhered to, additional people are needed to take on care and standby times. The agencies should have staff available for this purpose. An important step by the federal government could be an educational campaign that addresses the problematic side of home care provided by migrant women. To ensure the quality of agencies, a certificate should be created that is awarded by an independent testing agency and made a prerequisite for receiving public services. Only agencies that act as employers in 1:1 home care, take responsibility for compliance with the statutory maximum working hours and have sufficient staff should receive a certificate...” Article from Böckler Impuls issue 17/2021 
• Doubts about the will to limit working hours: Federal Labor Court on 24-hour care
  "This emerges from the published written reasons for the judgment of the Federal Labor Court (Az. 5 AZR 505/20) on 24-hour home care. When it was announced in June, the Erfurt judgment caused a stir nationwide. According to this, the minimum wage entitlement also applies to on-call times and also to foreign employers. The plaintiff social assistant from Bulgaria had an employment contract for 30 hours per week and received around 30 hours per week 1,560 euros. She claimed that she had actually worked around the clock or was on standby at night. Therefore, the BAG decided that the obligation to pay the minimum wage also applies to foreign employers and the employees they send out, according to the published judgment. According to the law, the minimum wage applies “per hour.” Since on-call work is also included, the Berlin-Brandenburg Regional Labor Court, as a lower court, had awarded the Bulgarian the minimum wage for 21 hours of work per day. The BAG overruled this as a mere estimate and obliged the LAG to examine this more precisely "was wanted" or did not just serve to limit costs. The social assistant's obligation to live in the customer's household made no sense with a 30-hour week. Customers were also promised 24-hour care with extensive services.The Bulgarian employer did not specify any working hours and did not show that the services promised to the customer could be achieved in 30 hours per week.” Report from October 19, 2021 in new Germany online 
  • See also the justification for thisJudgment of the 5th Senate of the BAG