Babysitters, domestic help & co.: What regulations apply to mini-jobs in coronavirus times?
Even before the coronavirus crisis, support at home was worth its weight in gold for working parents. In view of the current school and childcare center closures, help with cleaning and, in particular, childcare is even more in demand. We explain the most important questions about mini-jobs in private households during the coronavirus pandemic. Some questions arise: Am I allowed to employ anyone in my household at the moment? How do I find the right person if I want to wait to meet them in person?
As there is only a ban on contact and no curfew in Germany, domestic helpers and childcare staff are still allowed to carry out their work and are not subject to social distancing rules in private households. It is therefore still possible to employ a mini-jobber. It makes sense to familiarize yourself with hygiene measures and to know the requirements for being together outside the home. The exact form of the contact ban is described in the coronavirus regulations of the respective federal state.
If mini-jobbers are unable to work due to illness, regardless of which illness it is, they receive continued payment of wages. The same applies if domestic helpers or babysitters are unable to work due to quarantine. In this case, however, they may be entitled to compensation under the Infection Protection Act (IfSG) and the employer can apply for reimbursement of wage costs from the competent authority. Who is responsible depends on the respective federal state. The Minijob-Zentrale provides a good overview.
If mini-jobbers cannot work because they have to look after their children, they are also entitled to compensation under certain conditions. The Minijob Central Office checks whether the conditions are met.
Many employers are unsettled by the current situation and do not want to endanger their own health or that of their employee. Some have also been placed under quarantine and are wondering what will happen to the mini-jobber's earnings. In principle, the so-called operational risk doctrine applies here: the employer is still obliged to pay if the employee is able and willing to work. The mini-jobber is therefore entitled to remuneration.
From an employment law perspective, this is possible. If the employment relationship is suspended (e.g. unpaid special leave), the employee and employer obligations are also suspended. However, social insurance equates an employment relationship that has been suspended by the employer for several months with the end of employment. Employers are obliged to notify the Minijob-Zentrale of the end of employment via the change check. It is also possible to resume employment via the household cheque.
Employers and employees share a desire for planning security and consistency. In other words, they are all in the same boat, which they need to steer well together. We recommend that all mini-jobbers and parents get together - perhaps virtually - to talk about the current situation and exchange questions, concerns, wishes and ideas. This is the best way to find a good solution for both sides.
Many working people are looking for new ways to find domestic help or a babysitter. You can do this without meeting in person: In addition to phone calls and emails, get in touch with potential candidates digitally, e.g. via video chat. This will give everyone a good first impression of each other, and the home help or childcare provider may even get a virtual tour of the home and get to know the family members.
The pme Familienservice Group works on behalf of many well-known companies throughout Germany and provides suitable caregivers and domestic help exclusively for their employees. We are constantly on the lookout for motivated staff to work in private households and in child day care.
You can find more information and the link to register in our supervisor database here.