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Personal care services

24-hour home care

The Austrian federal government wants to ensure that anyone in need of assistance and care can benefit from the form of assistance and care.

The Home Care Act (Hausbetreuungsgesetz - HBeG) and the Amendment to the Trade Act, which includes very specific provisions regarding the non-regulated trade of personal care, mark an important step towards achieving this goal.

In the case of a self-employed activity a trade licence for the trade "Personenbetreuung" (§§ 159 ff GewO 1994) is required. In the case of an employed activity an employment contract must be agreed.

Whether the nature of the activity is considered self-employed or employed in each individual case is not contingent upon the formal designation of the respective contract, but on whether or not the key characteristics applicable for the relevant activity apply.

The following characteristics imply a self-employed activity:

  • the carer holds a trade licence;
  • no concrete instructions on how and in what form the contractually agreed services are to be performed;
  • no rules on when exactly the individual services are to be performed;
  • no supervision of the carer regarding the performance of services in terms of time and place or sequence of activities;
  • the carer has the right to have another carer take over his or her work.

The following characteristics imply a dependent or employed activity:

  • detailed instructions for the carer on when, where and how to perform which care activities (time, place and sequence of activities),
  • constant supervision of the performance of activities by the carer;
  • the carer is not permitted to have another carer take over his or her work.

Since 2008, home care may include not only care activities, but, in individual cases, also certain nursing and medical activities, as far as assigned to the carer by certified nursing staff or medical doctors.

More information on home care:

  • For information for relatives caring for persons in need of care and assistance, please refer to the website of the Austrian Federal Ministry of Labour, Social Affairs and Consumer Protection at http://www.pflegedaheim.at/.
  • Please find templates of contracts and additional information regarding 24-hour home service under Wirtschaftskammer Österreich.
  • For more details on available options and funding for home care, please refer to oesterreich.gv.at.

Contact

Division for Trade Law: gewerbe@bmdw.gv.at