The international placement of caretakers into private households is again at the center of public attention after the introduction of the statutory minimum wage. How can this business model, which is very common in Germany, be made compatible with the new regulations of the Minimum Wage Law?
This issue was the subject matter of an expert report that GvW Graf von Westphalen prepared for a Polish company in the care sector. Moreover, the company’s business model was supposed to be scrutinized with regard to other legal aspects. Therefore, the firm’s lawyers also addressed questions concerning the EU law on the posting of workers and social security law and, with regard to taxes, the double taxation agreement and corporate tax, VAT as well as personal income tax law issues.
The report was prepared by Hamburg-based partner Dr Malte Evers and Marius Bodenstedt (both employment and social security law) as well as Frankfurt-based partner Dr Frank Tschesche and Dr Christoph Schneider (both tax law).
GvW advised the care company together with the Polish partner firm from the international SCG Legal network. SCG Legal is a global network of leading independent corporate law firms. Worldwide, 148 member firms with more than 11,000 lawyers in 82 countries are organized in this network.