As Centrum Eurokontakt, we have been dedicatedly supporting seniors and their families for years, and we understand the vital role caregivers play in their lives. Working in elderly care, especially abroad, is a mission that demands empathy and professionalism. However, we often focus on the caregiver's duties, forgetting that every professional also has their inalienable rights. Today, we want to outline what an elderly caregiver is entitled to when legally working in Germany, employed by a Polish company under an employment contract or a mandate contract with an A1 form.
Understanding your rights is key to feeling secure, respected, and satisfied with your work. Proper knowledge protects against unfair practices and allows you to fully focus on providing professional care.
Foundations of Legal Employment: Written Contract and Its Content
The first and absolutely fundamental right of every elderly caregiver in Germany, traveling with an A1 form, is the right to a written contract: an employment contract (as part of a secondment) or a mandate contract. This document forms the foundation of your legal protection. The contract should be in an understandable language (most often Polish) and clearly define the key aspects of your employment. What should it include?
- Contracting Parties: Full details of the employer (Polish agency) and your personal data.
- Type of Contract: Specification of whether it is an employment contract (for a definite, indefinite period, or for replacement) or a mandate contract. This determines, among other things, the right to paid leave and termination rules.
- Position and Scope of Duties: A clear breakdown of your responsibilities. Remember that a caregiver's duties in Germany should be consistent with the nature of care, not household chores extending beyond that scope. Learn more in our article: Obowiązki opiekunki w Niemczech: czego naprawdę oczekuje rodzina seniora.
- Place of Work: The address of the care recipient's residence in Germany.
- Working Hours: Definition of the number of working hours per week or month.
- Remuneration: Gross, net, payment date and method, components of remuneration.
- Notice Period: Rules for contract termination.
- Rights and Obligations of Both Parties.
A lack of a written contract or unclear provisions is a warning sign. You always have the right to request a copy of the contract and carefully review it before signing.
Right to Fair Remuneration and Timely Payment
Every legally employed caregiver in Germany has the right to fair remuneration, which cannot be lower than the minimum wage (Mindestlohn) applicable in Germany, which will be 13.90 euros gross per hour in 2026. German minimum wage regulations also cover individuals seconded from Poland. We describe how much caregivers actually earn in the article Ile zarabia opiekunka osób starszych w Niemczech w 2026 roku?. The agency is obliged to ensure payment at this level.
Remuneration should be paid on time, in accordance with the contract's provisions. You have the right to receive regular payslips (known as "Abrechnung"), which clearly detail all components of your salary, deductions, and the net amount to be paid. This gives you full control over your finances.
Right to Rest and Free Time – Dispelling the Myth of "24/7" Work
One of the most common myths about caregiver work in Germany is the belief that it's a "24 hours a day, 7 days a week" job. Nothing could be further from the truth! You have the right to rest, and its rules should be clearly outlined in the contract and comply with regulations.
Here's what you're entitled to:
- Breaks during the day: You have the right to breaks during work to recuperate. Their length and frequency should be regulated in the contract and comply with German regulations.
- Daily Rest Period: After finishing work on a given day, you are entitled to an uninterrupted rest period, usually at least 11 hours. This means that after your shift, you cannot be immediately called back to work, unless there is an emergency situation.
- Days Off: You should be entitled to free time each week, most often at least one full day or an appropriate number of hours, as specified in the contract. During this time, you should not perform any care duties. This is your time for regeneration, handling personal matters, or simply resting.
- Annual Leave: Under an employment contract, you are entitled to paid annual leave in accordance with the Polish Labor Code. A mandate contract does not grant a statutory right to leave, so it's advisable to clarify the rules for breaks between assignments before signing.
Remember that even in a "live-in" system (living with the care recipient), your work has defined time frames, and free time is your personal time, which you can use as you wish.
Health and Social Insurance in Poland – Security Thanks to A1 Form
When you work as a caregiver in Germany for a Polish company, the A1 form confirms that you are subject to Polish health and social insurance. This is a huge advantage and a key element of social security.
- Health Insurance: You have the right to free healthcare in Poland, as well as to use medical care in Germany based on the European Health Insurance Card (EHIC) and, if necessary, appropriate forms entitling you to a full range of benefits.
- Social Insurance: Contributions are paid for you to the Polish ZUS (Social Insurance Institution): retirement, disability, and accident insurance, and under an employment contract, also sickness insurance (under a mandate contract, sickness insurance is voluntary, it's worth asking about it). Thanks to this, your future benefits are secured, and in case of illness or work accident, you are entitled to benefits from ZUS.
The A1 form is official confirmation that you are subject to the Polish social security system while working abroad. Always ensure that the agency provides you with this document.
Right to Safe and Dignified Accommodation Conditions
Caregiver work often involves living in the senior's home. You have the right to safe and dignified accommodation conditions. This means that the place where you live should be:
- Hygienic and clean: With access to a bathroom and basic utilities.
- Safe: Free from hazards, with guaranteed access to privacy.
- Private: You should be provided with your own room, which serves solely as your place of rest and privacy, not as part of the working space.
Accommodation conditions should be clearly specified in the contract or an annex to it, to avoid misunderstandings and disappointments on site.
Right to Terminate the Contract and What to Do in Case of Rights Violations
You have the right to terminate the contract with due notice, in accordance with the regulations and terms outlined in the contract. This gives you the freedom to decide your career path. However, what if your rights are violated? In such cases, you cannot remain passive. Here's what you should do:
- Contact your coordinator/agency: Your Polish agency, and especially your assigned coordinator, is the first point of contact. Their role is to support you and mediate in resolving issues. Document all reports (e.g., via email).
- Talk to the care recipient's family: In some cases, if the problem concerns misunderstandings regarding the scope of duties, an open conversation with the family, preferably in the presence of the coordinator, may lead to a solution.
- Formal notification to the agency: If the problem persists, report it in writing to the agency. The letter should include a description of the situation, dates, any evidence, and a demand for a solution to the problem.
- Labor Inspectorate: In cases of egregious rights violations, such as non-payment of wages or lack of rest, you can report the matter to the National Labor Inspectorate in Poland or to the German customs office (Zoll, Finanzkontrolle Schwarzarbeit unit), which monitors compliance with the minimum wage. Keep a copy of your contract and the A1 form with you.
Summary
The work of an elderly caregiver in Germany is a responsible profession that deserves full respect. At Centrum Eurokontakt, we believe that awareness of your rights is the foundation of good and safe work. Legal employment through a Polish company, with a written contract and an A1 form, is the basis for protecting your rights. Don't be afraid to assert them! Remember that you have the right to a clear contract, fair remuneration, rest, insurance, and safe conditions. Knowing these aspects will allow you to derive satisfaction from your work.
If you are looking for safe and reliable employment as a caregiver in Germany, check out our current job offers, read about how we work with caregivers, or contact us. Before your departure, we will discuss every point of the contract with you.
FAQ
What documents confirm the legal employment of a caregiver in Germany by a Polish agency?
The most important documents are a written contract (employment or mandate) with a Polish company and the A1 form, which confirms your social and health insurance in Poland. Make sure you have these documents with you to confirm the legality of your employment.
Does a caregiver working in Germany have the right to the German minimum wage, even if employed by a Polish company?
Yes. A caregiver legally working in Germany has the right to remuneration not lower than the German minimum wage (Mindestlohn), which will be 13.90 euros gross per hour in 2026, even if employed by a Polish company.
Does an elderly caregiver in Germany have to be available to the care recipient 24 hours a day?
No, this is a popular myth. Even in a "live-in" system, the caregiver is entitled to breaks during the day, a daily rest period (usually a minimum of 11 hours), and weekly free time, as specified in the contract. Free time is your private time, which you can use as you wish.
What should I do if my agency does not provide me with adequate accommodation conditions in Germany?
First, contact your coordinator or the agency directly, explaining the problem. If the situation does not improve, you have the right to make a formal report and seek help, for example, from German labor market control institutions, if the conditions are grossly inadequate.
Does a caregiver working in Germany have the right to annual leave?
Under an employment contract, yes: you are entitled to paid leave according to the Polish Labor Code. A mandate contract does not grant a statutory right to leave, so before signing, ask how breaks between assignments are settled.
