Rechtliche Ausgestaltung der 24-h-Betreuung durch ausländische Pflegekräfte in deutschen Privathaushalten

This thesis addresses the question of how migrant ‘live-in’ care workers providing 24h care in private households should be viewed and categorised from a legal perspective, and how such care can be practised without German or European law being violated. It identifies the typical characteristics of the parties involved in such 24h care arrangements and analyses the four main legal structures currently in practice: self-employment, employer status, the posting of workers or the scope of the German act on temporary work. The study describes the legal requirements of employment and social law and contrasts them with the practical reality of 24h care arrangements in order to identify and highlight potential violations of the current legal provisions.