Live-in care work as an independent commercial activity (Gewerbe)
The most common form of work in home care in Austria is with a commercial licence ("Gewerbe").
This means that you are directly responsible for organizing your commercial activity:
Independent live-in careworkers have the following rights:
- you do not receive instructions and are not in a subordinate relationship to third parties;
- you set your own working hours and location;
- you can be replaced by or replace other equally competent people;
- you have every right to seek out your own clients and negotiate directly with them on general working conditions. However, it is recommended that you are fluent in German and know the laws relevant to your job.
The working conditions will be regulated under a "care services contract" ("Betreuungsvertrag"), which you will sign with the client/caregiver - i.e. the person being cared for, his/her relatives or legal representative.
Important! Independent live-in careworkers are NOT protected by the Labour Code!
As a self-employed careworker, you will automatically be registered with the Austrian Chamber of Commerce (Wirtschaftskammer Österreich - WKO), where you will pay an annual membership fee.
The laws governing your professional activity are:
- Aticles §159 and §160 of the The Regulation of Business Affairs Act (GewO)
- Articles §3b and §15 para. 7 of the Health and Nursing Care Act (GuKG)
- Article §50b of the Physicians Act
- Ordinance of the Federal Minister of Economy and Labour on the rules of conduct and professional practice for personal care services: Standes- und Ausübungsregeln für Leistungen der Personenbetreuung
- Ordinance of the Federal Minister of Economy and Labour on measures to be taken by home care providers to avoid endangering the life or health of their clients in the provision of their services: Vermeidung einer Gefährdung von Leben oder Gesundheit bei der Erbringung ihrer Dienstleistungen