Necessary steps for working as a dependent caregiver

Caring for a loved one is often a huge emotional and logistical challenge. For many families in Austria, hiring a dependent caregiver offers valuable support in everyday life, especially when it comes to 24-hour care. But what exactly do you need to consider if you want to hire a caregiver? At noracares, we would like to guide you step by step through the hiring process and show you the legal requirements.

Are you a caregiver and want to find out about your rights and responsibilities?This article provides you with a comprehensive overview of your role as an employed caregiver as well as your duties and the legal basis.

The story of Mrs. Huber and dependent care

Mrs. Huber from Vienna felt lost. Her father 78, once so vital and full of life, now lay bedridden. The stroke had hit him hard. The worry about him gnawed at her, and the bureaucratic hurdles of finding suitable care seemed insurmountable at first. After some research, she came across a solution that gave her new hope: the possibility of finding and employing her own individual caregiver. With a clear guideline in hand, she was able to ensure that her father received the best possible care and that she herself was able to regain some peace of mind.

Mrs. Huber's Guide to Hiring a Caregiver

If you want to hire a caregiver, there are two basic steps to consider:

1. Signing an employment contract: This regulates the employment relationship, including working hours, salary, vacations and sick leave.
2. Registration of the caregiver with social insurance: Before the caregiver begins her work, she must be registered with the Austrian Health Insurance (ÖGK) be registered.

Requirements to hire a caregiver

Before you can hire a caregiver, foreign citizens in particular must meet certain requirements:

• EU/EEA citizens: These persons must register with the registration authority and apply for a registration certificate no later than three months after settling in Austria.

The most important requirement, however, remains the conclusion of an employment contract. This contract regulates the rights and obligations of the caregiver and the employer in accordance with the Home Care Act. Ms. Huber was unsure whether she should draw up the contract herself, but found helpful templates that made the process easier for her. 

What does an employment contract in nursing need to contain?

A well-structured employment contract is the cornerstone of a functioning employment relationship. The contract should comply with the provisions of the Hausgehilfen- und Hausangestelltengesetz (HgHaG) and ensure that the caregiver works under fair conditions. The following points must be included:

• Working hours: Special regulations for 24-hour care, where an equal amount of time off must be granted after a maximum of 14 days of work.
• Leave entitlement: Like other employees, care workers are also entitled to paid leave.
• Sick and care leave: The contract regulates what happens in the event of illness or when caring for your own relatives.

Do you need a contract template? Here you can find a template Registering with Social Security

The registration of the caregiver with the social insurance is done via the Austrian Health Insurance Fund (ÖGK) and can be conveniently ordered online via the ELDA-System be performed. If this is your first job, you must first apply for an employer account number from the ÖGK.

Important: The registration must take place before the start of work in order to avoid legal consequences. Ms. Huber completed this step immediately after signing the contract.

How to apply for your first employer account number as a private individual:

You need an employer account number when you hire someone as an employee, such as a caregiver. Here is a simple step-by-step guide:

• Identify yourself: Have your ID (passport or ID card) ready.
• Online application: ELGA-Portal: The easiest way is to apply via the ELGA-Portal. There you register and submit your application and Company service portal (USP): Alternatively, you can use the USP register. (only for companies)
• Form: In some cases, you can also use a form. Get it from your ÖGK office or download it from the ÖGK-Website download.       
• What you need: Your personal data and information about your company (only if you have one)   
  • Your bank details
  • Type of your activity
  • Number of employees (only if already known)
• Which documents: ID, if applicable, extract from the commercial register or trade license (only for businesses) and bank details
• Where to find help:                          
  • ÖGK-Website: Here you can find all information and forms.
  • ÖGK office: Your local office will be happy to help you            

Important to know:

• Before starting work: Request the number before your caregiver starts.
• Electronic is faster: Online applications are usually processed faster.
• Don't forget to keep it: Keep your number safe.
• Why you need it: For all matters with the Social Security.

Additional tips:

• Timely: Allow enough time, especially for a written application.
• Sure? In addition, ask a tax advisor or lawyer.

And remember: The ÖGK is your point of contact for all questions relating to the employer account number and social insurance.

Important deadlines

Make sure that all formalities - especially registration with social security - are completed on time. Failure to register can have legal consequences.

Required documents

• employment contract

• Employment contract, signed by employer and employee 

   

Special provisions in the Home Care Act

The Home Care Act (HBeG) regulates the working hours for caregivers, especially for 24-hour care. This ensures that caregivers have regular breaks and are not overworked. Ms Huber was relieved to learn that these regulations not only helped with the organization of the duty roster, but also ensured the well-being of her caregiver.

 

Summary on the employment of a (non-self-employed) caregiver

A clear shows you the most important steps to hiring a caregiver:

1. Conclusion of the employment contract
2. Social security registration
3. Providing the required documents
4. Compliance with statutory working time regulations
5. Maintaining the relationship between employer and caregiver

FAQ for (dependent) caregivers and employers

For you as an employer:

• What does an employed caregiver actually cost me? This depends entirely on what qualifications and experience the caregiver has, how many hours they work and what additional services (e.g. night shifts) they provide.(e.g. night shifts). Imagine this: An experienced care assistant who is there around the clock will naturally cost more than someone who only helps for a few hours during the day.
• Do I have to worry about insurance? Yes, as an employer you have to take care of your employees' social security. It's the same as if you had an employee in a normal company.
• Can I deduct the costs of childcare from my taxes? Whether you can deduct the costs for tax purposes depends on your personal situation and the applicable tax laws. You can find an article on this here. It's also best to ask your tax advisor.
• What happens if my employed caregiver falls ill? If your caregiver falls ill, you generally have the same rights and obligations as with any other employee. This means that they will receive sick pay for a certain period of time and you must provide a replacement.

Frequently asked questions by caregivers:

• What are my responsibilities as a caregiver? Your tasks can be very different and depend on the care needs of the person you are looking after. For example, you could help with getting dressed, eating, going for a walk or doing household chores.
• Am I entitled to leave? Yes, as an employed care worker you are entitled to vacation just like any other employee. The duration of the leave is regulated in the employment contract.
• What do I do if I'm not feeling well at work? If you are not feeling well at work, for example because you are being bullied, you should first talk to your employer or family. If that doesn't help, you can contact the Arbeiterkammer or look for a new job on noracares.

Frequently asked questions from employers:

• What qualifications does a caregiver need to have? Care training is an advantage, but not always essential. Training as a home helper and experience in nursing and care are particularly important, as are empathy, patience and reliability.
• Can I deduct the care costs from my tax bill? Yes, childcare costs can be tax-deductible under certain conditions.

General questions:

• How do I find a good caregiver? You can find a caregiver through a private referral, via care homes or simply and quickly  via our online platform. You can also ask your personal circle for recommendations.
• What do I need to consider when hiring a caregiver? You should conclude a written employment contract in which all important points such as working hours, remuneration and notice periods are regulated. You must also register your caregiver with social insurance.

More questions? Just ask! 

 

Imagine you want to bake a cake. You need a recipe, the right ingredients and a bit of practice. Hiring a self-employed caregiver is similar. With the right information and a little preparation, you can manage everything quite well. Create a safe environment for your loved ones with noracares.

Do you need support from a caregiver? Register now  sign up with us and find the right care for your family!