The Caregiver Agreement is essential for formalizing caregiving relationships under German law, whether in private homes, healthcare facilities, or care institutions. This document is typically used when engaging professional caregivers, either directly or through healthcare agencies, and ensures compliance with German employment law while addressing the specific requirements of care work. The agreement covers crucial aspects such as care duties, working time regulations under Arbeitszeitgesetz (ArbZG), remuneration including minimum wage requirements (MiLoG), leave entitlements, and data protection obligations. It's particularly important for documenting the terms of employment as required by the Nachweisgesetz (NachwG) and establishing clear expectations and responsibilities in the caregiving relationship.
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1. Parties: Identification of the employer and the caregiver, including full legal names, addresses, and any relevant registration numbers
2. Background: Brief context of the care needs and the purpose of the agreement
3. Definitions: Key terms used throughout the agreement, including specific care-related terminology
4. Scope of Services: Detailed description of caregiving duties, responsibilities, and expected standard of care
5. Working Hours and Schedule: Specified working hours, shift patterns, break times, and on-call duties in compliance with ArbZG
6. Remuneration: Salary, payment schedule, overtime rates, and any additional benefits
7. Leave Entitlement: Annual leave, sick leave, and other time off provisions in accordance with BUrlG
8. Probationary Period: Duration and terms of the initial probationary period
9. Duration and Termination: Contract duration (fixed-term or permanent) and notice periods
10. Confidentiality and Data Protection: Obligations regarding privacy and handling of personal information under DSGVO
11. Health and Safety: Workplace safety measures and health protection requirements
12. Insurance and Liability: Required insurance coverage and liability provisions
13. Governing Law: Confirmation of German law application and jurisdiction
1. Live-in Arrangements: Terms for live-in caregivers, including accommodation provisions and house rules
2. Medical Emergency Procedures: Specific protocols for handling medical emergencies, if caring for individuals with particular medical needs
3. Transportation Duties: If the caregiver is required to drive or transport the care recipient
4. Additional Qualifications: Requirements for maintaining specific certifications or obtaining additional qualifications
5. Replacement Coverage: Procedures for arranging replacement care during absence
6. Non-Compete Clause: Restrictions on working with other clients, if applicable
7. Language Requirements: Specific language proficiency requirements if needed
1. Schedule 1: Detailed Care Plan: Specific daily/weekly care tasks and responsibilities
2. Schedule 2: Rate Card: Detailed breakdown of pay rates including basic pay, overtime, holiday pay, and any supplements
3. Schedule 3: House Rules: For live-in caregivers, specific rules regarding use of facilities and living arrangements
4. Appendix A: Emergency Contact Information: List of emergency contacts and procedures
5. Appendix B: Required Qualifications: List of mandatory qualifications and certificates
6. Appendix C: Data Protection Protocol: Detailed procedures for handling personal and medical data in compliance with DSGVO
Relevant legal definitions
Agreement
Care Plan
Care Recipient
Care Services
Confidential Information
Emergency Contact
Employer
Employment Start Date
Healthcare Data
Live-in Services
Medical Emergency
Normal Working Hours
On-Call Duty
Personal Data
Place of Work
Professional Standards
Probationary Period
Quality of Care Standards
Regular Schedule
Relief Caregiver
Required Qualifications
Rest Period
Service Log
Shift Pattern
Standard of Care
Termination Date
Working Day
Working Time
Care Plan
Care Recipient
Care Services
Confidential Information
Emergency Contact
Employer
Employment Start Date
Healthcare Data
Live-in Services
Medical Emergency
Normal Working Hours
On-Call Duty
Personal Data
Place of Work
Professional Standards
Probationary Period
Quality of Care Standards
Regular Schedule
Relief Caregiver
Required Qualifications
Rest Period
Service Log
Shift Pattern
Standard of Care
Termination Date
Working Day
Working Time
Clauses
Scope of Services
Duties and Responsibilities
Working Hours
Remuneration
Leave and Time Off
Probationary Period
Term and Termination
Health and Safety
Confidentiality
Data Protection
Insurance
Non-Compete
Non-Solicitation
Liability
Force Majeure
Training and Qualifications
Record Keeping
Emergency Procedures
Replacement Coverage
Property and Equipment
Intellectual Property
Dispute Resolution
Amendments
Severability
Governing Law
Entire Agreement
Notice
Assignment
Compliance with Laws
Code of Conduct
Duties and Responsibilities
Working Hours
Remuneration
Leave and Time Off
Probationary Period
Term and Termination
Health and Safety
Confidentiality
Data Protection
Insurance
Non-Compete
Non-Solicitation
Liability
Force Majeure
Training and Qualifications
Record Keeping
Emergency Procedures
Replacement Coverage
Property and Equipment
Intellectual Property
Dispute Resolution
Amendments
Severability
Governing Law
Entire Agreement
Notice
Assignment
Compliance with Laws
Code of Conduct
Relevant Industries
Healthcare
Social Care
Elder Care
Home Healthcare Services
Residential Care
Nursing Home Services
Private Healthcare
Medical Services
Disability Care Services
Relevant Teams
Human Resources
Legal
Compliance
Healthcare Operations
Care Operations
Recruitment
Employee Relations
Care Quality
Risk Management
Relevant Roles
Caregiver
Professional Carer
Healthcare Assistant
Care Worker
Nursing Assistant
Home Health Aide
Personal Care Assistant
Elder Care Specialist
Live-in Caregiver
Disability Support Worker
Healthcare Manager
Care Coordinator
HR Manager
Legal Counsel
Compliance Officer
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