The German Federal Government is initiating pilot programs to develop legally sound solutions for 24-hour care services, addressing uncertainties arising from current regulations concerning working hours. Katrin Staffler, the Federal Government’s Pflegebeauftragte (Care Commissioner), highlighted the potential for significant back payments for families utilizing these models, emphasizing the need for legal clarity.
“We must finally provide legal certainty for families who choose such a model” Staffler stated in an interview with the Redaktionsnetzwerk Deutschland. She explained that the government is actively working on solutions and intends to test them in practical settings through carefully controlled pilot projects. The overarching aim is to prevent both overexertion of caregivers and financial strain on families.
Current estimates suggest approximately 300,000 German households are employing caregivers, often from abroad, to provide round-the-clock assistance. Staffler acknowledged that the actual number could be considerably higher.
The proposal of employing caregivers as independent contractors, a model utilized in Austria, has been considered but ultimately rejected. Staffler voiced concerns that such a classification would be incompatible with European labor law, arguing that the inherently dependent nature of the care relationship – where caregivers must adapt to the needs of those being cared for – effectively constitutes an employment relationship. The government’s focus remains on identifying solutions that respect labor regulations while ensuring the provision of comprehensive care.
