App vormerken

Alt werden.
Gemeinsam. Wunderbar.

Wunderbar Alt verbindet Senioren, Angehörige, Pflege- und Reinigungskräfte in einer einfachen, sicheren App — für ein selbstbestimmtes Leben mit dem Gefühl, nie allein zu sein.

Ratgeber / Legal Matters & Care Level / Hiring a Private Caregiver: Employ Them Directly or Use an Agency? (Legally Sound)

Gilt für: Deutschland

Hiring a Private Caregiver: Employ Them Directly or Use an Agency? (Legally Sound)

Hiring staff yourself, an agency (24-hour care), or a home care service—a comparison of the legal differences, employer obligations, and financing options.

Many families arrange for care and assistance at home privately. Whether you hire someone directly or hire them through a placement agency makes a big difference, both legally and financially. Here’s an overview of the three common options.

Option 1: Hiring a Caregiver Directly

If you hire someone directly, you legally become the employer. This means German labor laws apply: the statutory minimum wage, social security (health, pension, unemployment, and long-term care insurance), continued pay in case of illness, and paid vacation. For small-scale arrangements, registering as a minijob through the Minijob-Zentrale (Haushaltsscheck procedure) may be advisable. Advantage: clear terms and tax deductibility. Disadvantage: administrative burden and full employer responsibility.

Option 2: Placement Agency / “24-Hour Care”

Agencies often place so-called live-ins, who are frequently sent from Eastern Europe. It is important to ensure a legal contract model: a valid A1 certificate (proof of social security coverage in the country of origin), compliance with working hour and minimum wage regulations, and no bogus self-employment. The main source of funding here is the care allowance. Review contracts carefully—“24 hours” does not mean 24-hour availability under labor law.

Option 3: Outpatient Care Service

A licensed care service bills the health insurance provider directly as a care benefit in kind. This is the simplest option legally (no employer obligations), but it is often more expensive per hour and less flexible.

Funding Depending on the Model

  • Live-in / privately employed: Primarily care allowance, supplemented by the relief allowance for care-related expenses.
  • Care/household: relief amount (€131/month) and, if applicable, conversion of benefits in kind.
  • Care service: care benefit in kind, possibly a combination benefit.

Don’t Forget Taxes

Costs for household-related services and care provided in your own home are tax-deductible (household-related services under Section 35a of the Income Tax Act—20% of the costs, up to a maximum amount). Keep invoices and records of non-cash payments.

Conclusion

Self-employment offers control but requires you to act as a genuine employer. Agency models are more convenient but require careful legal review. In both cases, the following applies: Combine long-term care insurance benefits strategically—and take advantage of free long-term care counseling.

This article provides general guidance and is not a substitute for legal, tax, or social welfare advice. Amounts and rules (as of 2026) are subject to change. Binding information can be obtained from your long-term care insurance provider, a long-term care counseling service under Section 7a of SGB XI, or the Consumer Advice Center.

Quellen