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06.08.08 - Gerhard Lichtenauer - Druckansicht und drucken

People care - the success of the self-employed model of care? (OPEN LETTER)


Daheim statt Heim

Austrian citizens ' initiative “the Home home”

Subject: People care – the success of the self-employed model of care?
Date: 06 Aug 2008 16:51
From: Austrian Citizens ' Initiative “Home instead of home
To: Dr. Reinhold Mitterlehner, WKO, General Secretary-Stv.

Dr. Elisabeth Sperlich, WKO, Abt. for legal policy


Betr.: A Model Of Success Of People Care

In a press release (5.8.08) to the outer The success of the independent model for people care praised the self-employed model in the care in the highest tones. I would like to get down to this one-sided view of something on the ground of reality.

That framework of a 24-hour Counselling and care in the working time can be squeezed legal corset of a dependent employment relationship, is on Hand.
After the publication of the “Bart Stone-Model” (!), the legalization solution on the “house assistants and domestic workers act” (HausgG) build, I already have several critical comments. See, for example, my Comment from 8.February 2007:

Dairy girls: 9+5=24 – questions?

Or my Comment by the 10.February 2007:

“... with the classic 40-hour week, the Problem of 24-hour care and support is not to solve” – just as little but with a 64-hour week, since each week has 168 hours (24×7). The key to the solution seems to be found: take agents the slave wage of the House, unpaid “inactive on-call time” from the hospital service, the readiness for the open lasting 70 hours of “volunteering”, and perhaps also the daily Terminability of hired servants, and is certainly still on the other raisins in various forms of employment, the one singled out for a brilliant solution. I will agree with you are completely right: As in the government program, the solution, if possible, on the Basis of self-employment. In any type of employment relationship, even after the HausgG personally, I think a solution is out of the question.

The “small inaccuracy”, with a 64-hour work week and pretend to 168 hours cover per week, has held up until today. This dishonest “Cheat” with the alleged “24-hour” solution has continued the entire legislature, to care laws and constitutional provisions, which, in my opinion, undermines the rule of law principle (principle of Legality of the Federal Constitution).
A service provider, which would use the misleading Declaration of the present rules of the “24-hours-Counselling” would, at least, in conflict with the Federal law against unfair competition (UWG), see my Comment from 28.01.08:

Regardless of the fact that the “24-hour”-abusive is already done for almost a year, and also came to honor a Federal law, may all providers of the so-called “24-hour care” to the charge of deceptive business practices because of inaccurate information in accordance with the Federal law against unfair competition (UWG) are confronted with. In the promotion of the “product” are people in need of care it is manifestly deceived, if it were a Round-the-clock care, where it is merely up to nine hours of daily activity. ... To clarify, the “intermediary” also, that the mostly self-employed people, managers must not be bound to take instructions and requirements about working hours, place of work and work sequence are not permitted?

A detailed commentary to the then proposals of the Minister of Labour, I wrote on 11. February 2007: “Proposal to 24-hour-care useful?
To my former conclusion,

... Obviously, in these proposals only, for the Budget as gentle as possible legalization of those cases where “illegal” foreign nurses were used, which is only about 5 % (!) all the patient the case is.

has changed, despite the most intensive regulation work on this matter in this legislature, unfortunately, nothing.

It is to be noted that it increase and eliminating the asset limit in the previous solution, also included in torschluß panic and electoral Considerations (of both government parties) through lashing repairs (e.g., promotion, raise, care allowance-Minimal), to a sham, both of the self-employed, as well as the paid solution is.
Against the Background of the so-called “ash island lbständigkeit” (the work of the Constitution still has not been solved) is in spite of both variants in the vast majority of care a “reasonable AND legitimate” organization cases, hardly possible!

My Criticism from the 27. January 2007 in the course of the now-failed government,

... all the Statements of the last couple of months to make home care affordable, it is unfortunately understood only the funding of previously “illegal” care by foreign forces and the nationwide Expansion of outpatient care services, should be pursued. As support for family care-givers, are not the only ticket improvements, ...
Hopefully ... the better Alternative to inpatient care even more far-reaching thought, and the Situation-maintain Close to be included in the Considerations, the better, as this happens, unfortunately, in the public discussion so far.

is still upright:

Caregivers, what are the largest and most qualified (always legal) care service to the value of annually to 2.6 billion euros (source: Wifo) make, have been and will be made a fool of this government Vorgaukelung of false information in the Public domain is simply“”!

Finally, my Beurteiluung of the “success model” in connection with the overall problem of the “maintenance emergency”:

  • The extended so-called “care Amnesty” (“sponge-over-Quarter control” with attached knife) came to an end on 30.6.08. Since then, punishments and ruinous arrears for about 10,000 to 30,000 (for good reason) objectors of the falsely so-called “legalization threaten again,” even for Those the from 1. July would sign up. The sword of Damocles, the “bogus self-employment”, with the danger of the excessive payments is the same for all Concerned, now even more for the “Legalisierer” upright.
  • The previous measures of the government were absolutely useless, affecting just a few percent of the patient and only brought higher prices and more bureaucracy. The targets set, especially “legal” and “leisbar” still serious gaps.
  • Instead of comprehensive solutions in the care sector (according to the government program) is not even a care allowance adjustment fixed that in the conversation currently is a mockery.
  • Further planned marginal improvements for disabled children and dementia patients will bring nothing for the highest level of Care!

With kind Regards,
Ing. Gerhard Lichtenauer
The Initiator of the Austrian citizens ' initiative “Home instead of home
T: 0699 12490010

PS: I reserve the right to this open letter and, if applicable, of the answers, on the website “Home instead-home” and the Blog to publish.

Translated by Yandex.Translate and Global Translator

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Automatic Translation is far from perfect, but it helps to understand the content at all. Original: English