Personenbetreuungsvertrag and Agencies in Austria

If someone needs 24-hour care at home, or you want to work as an independent personal caregiver in Austria, the Personenbetreuungsvertrag is an important document. It sets out the relationship between the caregiver and the client and should be understood alongside the requirements for registering the caregiving business.

What is a Personenbetreuungsvertrag?

An independent 24-hour caregiver (selbstständige Personenbetreuerin or selbstständiger Personenbetreuer) is not employed under an employment relationship. The caregiver works as an independent business operator and concludes a Werkvertrag with the client. In this sector, this is also called a Personenbetreuungsvertrag.

Concluding the contract is mandatory. An official sample contract (Musterwerkvertrag) is available from oesterreich.gv.at.

Who signs the contract?

The caregiver always concludes the contract with the client (Auftraggeber). The client can be:

• The person requiring care: they conclude the contract themselves.
• An Erwachsenenvertretung: this person acts on behalf of the represented individual.
• A third party: for example, a relative.

This means that a family member can act as the client if the person requiring care cannot or does not want to arrange the contract themselves.

Requirements for working as an independent caregiver

In addition to signing the contract, the caregiver must register the free trade (freies Gewerbe) called “Personenbetreuung”. The main requirements are:

• At least 18 years of age.
• No grounds for exclusion from operating a trade, such as a financial criminal-law offence or a court conviction. Under certain conditions, an exemption can be requested.

Where and how to register

The registration is submitted to the trade authority (Gewerbebehörde). This is generally the district authority (Bezirkshauptmannschaft), the magistrate in cities with their own statute, and in Vienna the district office (Magistratisches Bezirksamt) or MA 63.

You can submit the registration in person, in writing, partly electronically, using a form or in an informal format.

• Cost: the trade procedure is free of fees and charges.
• When can you start? If the submission is complete, the registration takes effect on the day it is submitted.
• Criminal record certificate: required if you live abroad or have lived in Austria for less than 5 years; it must be no more than 3 months old.
• Documents in another language: these must be submitted in the original together with a translation certified in Austria.

For a first trade registration, a declaration confirming a newly established business, certified by the chamber of commerce, is also required. The authority can request proof of address (Meldezettel) from the Central Register of Residents (ZMR).

The WKO start-up service (Gründerservice) offers a one-stop service for setting up a caregiving business.

What can a personal caregiver do?

The contract should be interpreted with the caregiver’s permitted duties in mind. A personal caregiver may, among other things, perform the following tasks:

• Household work: cooking, shopping, cleaning, laundry, and caring for plants and animals.
• Everyday support: helping organise the daily routine and assisting with ordinary tasks.
• Companionship: conversation, maintaining contact with others and accompanying the person.
• Personal assistance: if there is no medical reason against it, help with eating, drinking, washing, dressing, standing up and walking.

Delegated nursing and medical tasks

Some nursing and medical tasks may also be delegated to the caregiver by a qualified nurse or doctor. Examples include administering medication, changing dressings, giving subcutaneous insulin or anticoagulant injections, and measuring blood sugar.

These tasks may only be carried out in the cared-for person’s household, for no longer than the caregiving relationship lasts, and with the consent of the cared-for person or their legal representative. They must follow instructions and training. The delegation must be recorded in writing, and a record must be kept of the task being carried out.

What does the ÖQZ-24 certificate mean?

Many families find caregivers through a mediation agency (Vermittlungsagentur). The Austrian Quality Certificate for 24-hour Care Mediation Agencies (ÖQZ-24) can help with assessing an agency’s quality.

• Mandatory? No. The certificate is voluntary.
• Who is it for? Agencies that undertake to provide a standard above the statutory obligations.
• Validity: 3 years, after which recertification is possible.
• Review: an annual review is carried out.
• Withdrawal: the certificate can be withdrawn in the event of an administrative offence.

The certification procedure is carried out by an independent organisation, the Verein zur Förderung der Qualität in der Betreuung älterer Menschen.

Regardless of whether an agency holds the certificate, agencies are also subject to professional and operating rules laid down in regulations (Standes- und Ausübungsregeln für die Organisation von Personenbetreuung).

Frequently asked questions

Can the cared-for person’s child sign the contract?

Yes. A third party, such as a relative, can be the client.

How much does caregiver trade registration cost?

Nothing. The trade procedure and registry extracts are free of fees and charges.

Is ÖQZ-24 certification mandatory for agencies?

No. It is a voluntary certification that confirms a standard above the statutory minimum and is valid for 3 years.

Can a caregiver administer medication?

Yes, if a doctor or qualified nurse has delegated the task in writing and the cared-for person has given consent.

Practical steps

1. Decide who will act as the client: the person requiring care, an Erwachsenenvertretung or a third party.
2. Use the official Musterwerkvertrag as a starting point and agree the caregiving duties in writing.
3. If you will work independently, register the free trade “Personenbetreuung” with the responsible Gewerbebehörde.
4. Prepare any required criminal record certificate, certified translations and first-business registration declaration.
5. When choosing an agency, check whether it holds the voluntary ÖQZ-24 certificate and ask how it handles the applicable professional and operating rules.
6. For delegated nursing or medical tasks, obtain written delegation, instructions, training and the cared-for person’s consent before carrying them out.

This article is based on information from publicly available sources and is not legal, employment or medical advice. For professional guidance, contact a lawyer, legal specialist, healthcare professional, employment specialist or another relevant adviser.

Source: oesterreich.gv.at