The actual criminals of this system, are the people in need of care and their relatives.

The system of 24-hour care of the elderly works mainly with the help of poorly paid foreign caregivers. A fundamental judgment now sets hard limits on this practice for the benefit of the caregivers.

Often, this is the only reason why elderly people are cared for in their own four walls in Germany, because tens of thousands of women from EU countries and non-EU countries look after them, maintain, shop for them. The Cologne nursing researcher Michael Isfort considers the Eastern European caregivers to be systemically relevant. But they often work very under questionable conditions: Around the Clock, no vacation, little money. That has been known for years, but many in politics did not want to look so closely.

Experts appreciate, that between 300.000 up to 600.000 foreign workers are involved in domestic care – mostly women from east- and Central European EU countries and Ukraine, Bosnia, Albania and Kosovo.

They travel for two to three months and then return to their homeland. Most of them are employed by an agency in their country. Some come as self-employed. Or Polish agencies provide support staff from Bosnia, Albania, Ukraine or Kosovo and send them to Germany without a valid work permit.

The German Institute for Human Rights took stock 2020, many of the auxiliaries are “of the heaviest labor exploitation” affected.

Lack of language skills, lack of work experience, excessive working hours, Changing locations and fear of authorities led to this, that they lived in social isolation in Germany.

The Federal Labor Court in Erfurt has now set limits to laissez-faire through a landmark ruling. The highest German labor court decided, that of a Bulgarian, which was brokered by a Bulgarian agency and which, according to its own information, around the clock via 90 Year-old elderly woman in Berlin, the German minimum wage is due – also for standby times.

According to the Federal Labor Court, 24-hour nurses from abroad are also entitled to a minimum wage.

What are the consequences of the judgment?

It is still hard to see. Eastern European nurses currently earn between 1500 and 1700 Euro. With 24-hour care, this corresponds to an hourly wage of 2,08 Euro, the Federal Association of Care Services calculates (BBD) in front. “If we apply national standards to 24-hour care, are that about 3,5 Provide, so vacation, days off and vacation times can be granted. That would be approx 9000 Euro per month”.

But nobody can afford that. The consumer advice centers emphasize, that 24-hour care by a single person is not legally possible. They refer to several models, to employ foreign carers legally: Who acts as an employer himself, must comply with German labor law and pay minimum wage.

In addition, the employer's social security contributions are due. That costs at least 3000 Euro per month. If you hire a foreign service provider instead, the employer's obligations no longer apply. However, the company has to pay taxes for the employees in their home country. There are also agency fees. Under 2000 Euro does not work either.

All foreign supervisors should seek legal advice immediately and claim the lost wages.

Because those in need of care and their relatives knew exactly, that the employment of carers for round-the-clock care are subject to the minimum wage. These are the real criminals.

Now you have to make high demands for repayment of wages and social security contributions.

Your Rudolf Sagner

German professionals Agency

Jobagentur Europe