Employing and Registering Romanian Caregivers Legally

Demographic change and the rising demand for care pose significant challenges for many families in Germany. Often, relatives needing care wish to stay in their familiar environment but require support with daily activities. Employing Romanian caregivers can offer a solution. This article provides guidance on how to legally employ and register Romanian caregivers, the advantages involved, and key considerations.

Why Romanian Caregivers?

High Motivation and Qualification

Romanian caregivers are known for their strong commitment, friendliness, and warmth. Many seek long-term employment in Germany to build a new life and secure their future. Care training in Romania is practical and similar to that in Germany, ensuring a high level of qualification.

Linguistic and Cultural Affinity

The Romanian language has Latin roots, making it somewhat easier for Romanians to learn German. Additionally, certain regions in Romania have German-speaking minorities, meaning some caregivers already have German language skills.

Supporting Germany’s Care System

Romanian caregivers are a valuable asset given the shortage of skilled professionals in the German care sector. They help close the gap in care availability, allowing many individuals in need of care to continue living in their own homes.

Legal Framework for Employment

Free Movement of Workers in the EU

As an EU member, Romanian citizens have enjoyed unrestricted free movement of workers since 2014, allowing them to work in Germany without requiring special permits.

Employment Models

There are various models for legally employing Romanian caregivers:

1. Employer Model: You directly employ the caregiver as an employer.

   • Requirements:
     • Sign an employment contract
     • Register with social security and tax authorities
     • Pay social security contributions and taxes
     • Comply with labor laws and minimum wage regulations

2. Posting Model: The caregiver is employed by a Romanian company and sent to work in Germany.

   • Features:
     • A service agreement between you and the posting company
     • The caregiver remains insured under the Romanian social security system
     • An A1 certificate as proof of social security coverage

3. Self-Employed Caregivers: The caregiver works on a self-employed basis.

   • Note: There is a risk of pseudo-self-employment. Seek legal advice to avoid potential issues.

Tasks and Qualifications of Romanian Caregivers

Responsibilities

Romanian caregivers perform various tasks within the household and in providing care:

• Basic Care: Assistance with personal hygiene, dressing, and eating
• Mobility Support: Assistance with walking, standing, and climbing stairs
• Household Tasks: Cooking, cleaning, laundry, shopping
• Social Interaction: Companionship, conversation, and recreational activities
• Observation in Dementia Care: Supervision and assistance for individuals with dementia

Limits of Responsibilities

It’s important to note that Romanian caregivers without specific training cannot provide medical care. Tasks such as wound care, injections, or administering medication must be carried out by a home nursing service.

Benefits and Challenges

Benefits

• Staying at Home: Individuals in need of care can remain in their familiar surroundings.
• Personalized Support: Tailored and needs-based care is ensured.
• Relieving Family Members: Family and friends receive support in daily caregiving responsibilities.
• Cultural Affinity: Shared values and traditions make cohabitation easier.
• Language Skills: Many Romanian caregivers have good German language skills.

Challenges

• Language Barriers: Despite good language skills, communication issues may arise.
• Limited Privacy: Living with a caregiver requires adaptation on both sides.
• Legal Complexity: Compliance with all legal requirements needs careful planning.
• Working Time Regulations: A “24-hour care” by a single person is not legally allowed.

Registration and Formalities

For the Employer Model

If you directly employ the caregiver, the following steps are required:

1. Employment Contract: Clear terms regarding tasks, working hours, and remuneration.
2. Social Security Registration: Register with health, pension, care, and unemployment insurance.
3. Payroll Tax Registration: Registration with the tax office.
4. Comply with Working Time Laws: Maximum 48 hours per week, with mandatory rest periods.
5. Pay Minimum Wage: Currently at least €12.00 per hour (as of 2023).

For the Posting Model

1. Verify the A1 Certificate: This document confirms social security coverage in the caregiver’s home country.
2. Service Agreement: A clear agreement with the posting company regarding services and costs.
3. Select a Reputable Placement Agency: Look for transparency and references.

Costs and Financing

Cost Factors

The cost of a Romanian caregiver varies based on:

• Employment Model: Direct employment, posting, or self-employment
• Caregiver’s Qualifications and Language Skills
• Level of Care Required: Extent of the needed services
• Agency Fees: If using a placement agency

The average monthly costs range from €2,000 to €3,500.

Financing Options

1. Care Allowance: Starting from care level 2, individuals receive a monthly care allowance.
2. Respite Care: Financial support for replacement care if the main caregiver is unavailable (up to €1,612 per year).
3. Tax Deductibility: Costs for household-related services can be tax-deductible up to €4,000 per year.
4. Relief Allowance: €125 per month for additional care services (from care level 1).

Frequently Asked Questions (FAQ)

1. What are the costs of a Romanian caregiver?

   Costs vary based on the model and requirements, ranging between €2,000 and €3,500 per month.

2. How do I find a suitable caregiver from Romania?

   Specialized placement agencies, like Medexcare.de, can assist in selecting suitable caregivers.

3. What should I consider when employing a caregiver?

   Important aspects include a valid employment contract, social security registration, and compliance with legal requirements such as minimum wage and working hours.

4. What tasks can Romanian caregivers perform?

   They may assist with basic care, household tasks, and social interaction but are not permitted to provide medical care.

5. Is it legal to employ Romanian caregivers?

   Yes, employment is legal if all legal requirements are met.

6. Can I claim the costs on my taxes?

   Yes, up to 20% of expenses for household-related services can be tax-deductible (up to a maximum of €4,000 per year).

Conclusion

Employing Romanian caregivers offers a valuable opportunity for professional care for your loved ones in the comfort of their own home. With proper preparation and compliance with all legal requirements, both the individuals in need of care and their families benefit from this form of care. Medexcare.de serves as a reliable partner, assisting you in all steps—from selecting the right caregiver to ensuring legal security.

Sources and Further Information

• Federal Ministry of Labour and Social Affairs: EU Freedom of Movement for Workers
• Consumer Advice Centre: Legally Employing Foreign Caregivers
• German Pension Insurance: Social Security in Europe
• Federal Employment Agency: Employment of Foreign Workers
• Medexcare.de: Caregivers from Romania

Note: All information has been carefully researched but is provided without guarantee. For specific questions, we recommend consulting legal professionals or the relevant authorities.