Career supervisor
A professional supervisor is someone who provides legal support ( § 1896 ff. BGB ) in Germany as part of a self-employed activity (within the meaning of tax law). This is not a training occupation within the meaning of the Vocational Training Act or a course of study , but an activity that has developed over the last few decades (especially since guardianship for adults was replaced by supervision in 1992). While before 1992, mainly lawyers career in this profession worked (as so-called Berufsvormünder), many people from other professional groups in the years since 1992 (mainly social workers / pedagogues , the elderly and nurses and educators , as well as administrative staff and merchants ) worked in this profession.
Professional support management and legal facts
There are currently around 17,000 professional supervisors in Germany. These are mostly self- employed or employed as club supervisors (according to Section 1887, Paragraph 2 BGB ) in supervisory associations or as official supervisors at the supervisory authority. There are around 830 childcare associations across Germany.
In 2015, around 1.27 million citizens received legal support. According to estimates by the professional associations, around 40% of this is done by professional supervisors. The exact numbers of all professionally supervised supervision are not determined, but since 1999 only the proportions of newly appointed supervisors. I.
Many professional caregivers to practice this activity sideline out. The professional management of care as a secondary activity was expressly permitted by the Federal Constitutional Court : BVerfG of January 13, 1999 (1 BvR 1909/95); NJW 1999, 1621 = FamRZ 1999, 568 = BtPrax 1999, 70.
In the following, the term professional supervisor is understood in the narrower sense, since (the also professionally active) association and authority supervisors are employees (or civil servants ) of the care association or the care authority .
Appointment as a professional supervisor
Professional caregivers one is characterized that one of the support dish as a supervisor ( § 1836 , Section 1 BGB. § 1897 , Section 6 BGB. § 1 et seq. Vormünder- and caregivers compensation law - VBVG) ordered is and in order decision is called out taking care as occupationally ( Section 286 (1) No. 4 FamFG). A supervisor should generally lead more than 10 supervisions if he wants to work as a professional supervisor ( § 1 ).
This is usually the case if, in view of the expected difficulty of the care, taking into account the professional knowledge of the supervisor, no volunteer can be entrusted with it. Often these people have several problems and / or no suitable relatives to take care of , or there are conflicts of interest in the family . Since July 1, 2005 , more than 45 childcare providers have been required for adequate supervisory work with exclusive professional support , whereby the remuneration claims have been flat-rate, while the supervisory duties have remained unchanged.
Knowledge in the field of law ( care law , civil law , social law ), in particular medical and psychological knowledge, as well as knowledge of bookkeeping and experience in dealing with authorities and the ability to understand legal and medical correspondence belong to the desirable knowledge . The professional associations have agreed on a common professional profile. According to surveys by the professional associations, around 80% of all professional carers have an academic education .
Practical approach to starting your career
In order to start working as a career supervisor , it makes sense to apply first to the local supervisory authority (of the district or the independent city ). There you have to present at least one police clearance certificate and information from the debtor register (in accordance with Section 1897 (7 ) BGB ) . However, other information and documents are usual: certificates of professional qualifications, studies, evidence of previous professional activities, evidence of further training (in particular on questions relevant to care law, such as legal, medical, psychological topics). In some cases, a Schufa self-assessment is also required. It makes sense to provide evidence of adequate liability insurance and possible representation in the event of absence. The supervision authority proposes their dependents in under supervision procedure the guardianship court ( § 8 BtBG ) suitable persons as supervisors (and guardian ad litem ) ago. In some cases, local supervisory judges also want personal applications.
Remuneration of the professional supervisor
Professional carers are paid according to hourly rates. The hourly rate from July 1, 2005 to July 26, 2019 was 27 euros / hour. (now table A), with proven expertise in childcare law due to vocational training 33.50 euros / hour. (now table B), with proven knowledge of childcare law due to a degree, 44 euros / hour (now table C). Remuneration including reimbursement of cash expenses (e.g. travel expenses). There are numerous case law on the individual prior professional knowledge. Up until 2005, additional qualifications were also possible for lateral entrants from supervisor "atypical" professions in various federal states.
Since July 1, 2005, the actual time spent is no longer reimbursed, but a lump-sum time estimate, calculated from the beginning of the care, differentiated between wealthy persons in care (self-paying) and poor persons in care, for which the state treasury has to pay according to § 1836d BGB . A further distinction is made as to whether the person being cared for has his / her habitual residence (= center of life, cf. § 30 Paragraph 3 SGB I) inside or outside an inpatient facility within the meaning of § 5 Paragraph 3 VBVG . Homes within the meaning of this provision can also be other facilities, such as long-term psychiatric institutions or penal institutions , provided that the person concerned is likely to be there for a long time.
Remuneration table from July 27, 2019 (AC combined)
| No. | Duration of care | No. | Usual abode | No. | Asset status | monthly flat rate |
|---|---|---|---|---|---|---|
| A, B, C1 | In the first three months |
A, B, C1.1 | In -patient facility or equivalent type of outpatient assisted living |
A1.1.1 | destitute | 194 € |
| B1.1.1 | € 241 | |||||
| C1.1.1 | € 317 | |||||
| A1.1.2 | not penniless | € 200 | ||||
| B1.1.2 | € 249 | |||||
| C1.1.2 | € 327 | |||||
| A, C, C1.2 | other form of living | A1.2.1 | destitute | € 208 | ||
| B1.2.1 | € 258 | |||||
| C1.2.1 | 339 € | |||||
| A1.2.2 | not penniless | 298 € | ||||
| B1.2.2 | 370 € | |||||
| C1.2.2 | 486 € | |||||
| A, B, C2 | In the 4th to 6th month | A, B, C2.1 | In -patient facility or equivalent type of outpatient assisted living |
A2.1.1 | destitute | 129 € |
| B2.1.1 | 158 € | |||||
| C2.1.1 | € 208 | |||||
| A2.1.2 | not penniless | 158 € | ||||
| B2.1.2 | 196 € | |||||
| C2.1.2 | € 257 | |||||
| A, B, C2.2 | other form of living | A2.2.1 | destitute | 170 € | ||
| B2.2.1 | € 211 | |||||
| C2.2.1 | € 277 | |||||
| A2.2.2 | not penniless | € 208 | ||||
| B2.2.2 | € 258 | |||||
| C2.2.2 | 339 € | |||||
| A, B, C3 | In the 7th to 12th month | A, B, C3.1 | In -patient facility or equivalent type of outpatient assisted living |
A3.1.1 | destitute | € 124 |
| B3.1.1 | 154 € | |||||
| C3.1.1 | € 202 | |||||
| A3.1.2 | not penniless | 140 € | ||||
| B3.1.2 | 174 € | |||||
| C3.1.2 | € 229 | |||||
| A, B, C3.2 | other form of living | A3.2.1 | destitute | 151 € | ||
| B3.2.1 | 188 € | |||||
| C3.2.1 | € 246 | |||||
| A3.2.2 | not penniless | 192 € | ||||
| B3.2.2 | € 238 | |||||
| C3.2.2 | € 312 | |||||
| A, B, C4 | In the 13th to 24th month | A, B, C4.1 | In -patient facility or equivalent type of outpatient assisted living |
A4.1.1 | destitute | € 87 |
| B4.1.1 | 107 € | |||||
| C4.1.1 | 141 € | |||||
| A4.1.2 | not penniless | 91 € | ||||
| B4.1.2 | 113 € | |||||
| C4.1.2 | 149 € | |||||
| A, B, C4.2 | other form of living | A4.2.1 | destitute | 122 € | ||
| B4.2.1 | 151 € | |||||
| C4.2.1 | 198 € | |||||
| A4.2.2 | not penniless | 158 € | ||||
| B4.2.2 | 196 € | |||||
| C4.2.2 | € 257 | |||||
| A, B, C5 | from the 25th month | A, B, C5.1 | In -patient facility or equivalent type of outpatient assisted living |
A5.1.1 | destitute | € 62 |
| B5.1.1 | € 78 | |||||
| C5.1.1 | € 102 | |||||
| A5.1.2 | not penniless | € 78 | ||||
| B5.1.2 | € 96 | |||||
| C5.1.2 | € 127 | |||||
| A, B, C5.2 | other form of living | A5.2.1 | destitute | € 105 | ||
| B5.2.1 | 130 € | |||||
| C5.2.1 | 171 € | |||||
| A5.2.2 | not penniless | 130 € | ||||
| B5.2.2 | 161 € | |||||
| C5.2.2 | € 211 |
Supervisor duties
The duties of a professional supervisor are basically the same as for other supervisors. They result from Section 1901 of the German Civil Code in connection with the areas of responsibility assigned by the court. In contrast to club and authority supervisors and close relatives, independent professional supervisors are not exempt supervisors (see Section 1908i, Paragraph 2 of the German Civil Code ). In contrast to these, independent professional supervisors are subject to the full control of the supervisory court , also with the annual accounting ( § 1840 BGB ) and the approval of financial investments in ward money (§ § 1810 ff. BGB ).
In addition, professional supervisors are not granted any relief from liability in the event of a breach of duty , which is sometimes granted to legally inexperienced volunteer supervisors, for example in dealing with social service providers. Collective liability insurance policies taken out by the justice ministries of all federal states only apply to volunteer supervisors.
Social security side
Anyone who, in addition to their self-employed carer work, is not also in an employment relationship subject to social insurance contributions (for example as a part-time worker) must take care of their own health, pension and accident insurance coverage. Here are z. Sometimes certain deadlines have to be observed.
Health insurance
In the event of leaving an employment subject to social insurance (or unemployment) into self-employment, voluntary continued insurance in the statutory health insurance (GKV) according to Section 9 (2) SGB V can only be declared within 3 months.
During this time, the professional supervisor must decide whether to remain a member of the GKV or to join a private health insurance (PKV). Since January 1st, 2009 all citizens are obliged to take out health insurance regardless of occupation or group of persons, this also applies to self-employed carers.
Pension insurance
In contrast to health insurance, statutory pension insurance does not have a deadline for voluntary membership ( Section 7 SGB VI). There is always the possibility of making voluntary contributions. However, as a rule, voluntary contributions can only be made until 31.03. of the year following the year for which the contributions are to apply.
unemployment insurance
From February 1, 2006, the legislature allows certain self-employed persons to take out voluntary insurance with the Employment Agency . This also includes job supervisors. The insurance can only be applied for within a certain time (3 months) after starting your career ( Section 28a SGB III). This option has been restricted again under the Hartz Development Act.
Accident insurance
In the statutory accident insurance, independent professional carers are compulsorily insured according to the rulings of numerous regional social courts in accordance with Section 2 (1) no. 9 SGB VII, responsible is the professional association for health services and welfare , Hamburg. The administrative professional association is responsible for legal professional supervisors.
Liability insurance
The liability insurance is not a legal social security , for professional caregivers because of the potential liability for breach urgently needed though. In individual cases, it can also be made as a condition by the supervision court, Section 1837 (2) BGB and is the standard for the aptitude test by the supervision authority within the framework of Section 1897 (7) BGB. The supervisor should take out insurance against personal injury and property damage (general liability insurance) and against financial loss (financial loss liability insurance) . The professional associations offer discounted conditions.
Tax side
Tax liability
The income of the professional carer is not subject to trade tax if certain requirements are met. According to the amended case law of the BFH, professional carers earn income from other self-employed activities (Section 18 (1) No. 3 EStG), not as previously assumed, traders according to Section 15 EStG. According to this, carers in Germany have to pay income tax (including church tax and solidarity surcharge ), but not trade tax. All professional supervisors have been exempt from sales tax according to § 4 No. 16 Letter k UStG since 2013.
IHK membership
According to Section 2 of the IHK Act, a member of the IHK is anyone who is assessed for trade tax. Due to the earlier case law of the BFH, IHK membership of professional supervisors was therefore affirmed (. After the BFH changed its view on this (see above) and no longer classifies the supervisory activity as commercial, there is now no basis for IHK membership .
Business registration
Although there is no business in terms of tax law, in the opinion of the Federal Administrative Court, the professional supervisory activity is one such under trade law (trade regulations). Therefore, the beginning (and the end) of the activity must be registered with the local authority (public order office / trade office).
Training
The local care authorities (city or district) provide information on basic and advanced training for professional carers . The professional associations (BdB and BVfB) also provide information on desired professional qualifications and advice on further training opportunities.
See also
Care (law) , carers order , supervisor duties , supervisor liability , Federation of Professional Managers , Federal Association of Independent Professional Managers
literature
Books
- Deinert / Lütgens: The compensation of the supervisor, 7th edition Cologne 2019, ISBN 978-3846208410
- Hick: Self-employed as a legal guardian; Walhalla 2010, ISBN 3802973984
- Krüger: The job support framework conditions and areas of activity, ISBN 3939533394
- Meier / Deinert: Handbuch Betreuungsrecht, 2nd edition Heidelberg 2017, ISBN 978-3811452022
- Thar: the supervisor's office; Cologne 2016, ISBN 978-3898176149
Magazine articles
- Bestelmeyer: The new regulation of the right to remuneration according to the 2nd BtÄndG; Rpfleger 2005, 583
- Deinert; Ordinary (home) stay and lump-sum supervisor remuneration; FamRZ 2005; 954
- ders .: On the new regulation of the carer, guardian and carer remuneration; BtPrax special 2005, p. 13.
- ders .: New flat-rate remuneration for legal professional advisors; JurBüro 2005, 285 = FuR 2005, 308
- ders .: New supervisor remuneration and transitional law; Rpfleger 2005, 304
- Maier: Lump sum payment and reimbursement of expenses; BtPrax special 2005, p. 17
- Neumann / Neumann: On the practical implementation of the remuneration system applicable from July 1, 2005, BtMan 2005, 90
- Sonnenfeld: The 2nd BtÄndG - overview of the essential changes that will come into force on July 1, 2005, FamRZ 2005, 941
- Zimmermann: The supervisor and guardian ad litem remuneration from July 1, 2005, FamRZ 2005, 950
Web links
- Adler: professional supervisor as a freelance profession (dissertation; PDF)
- In-depth presentation in the online lexicon of care law with evidence of case law
Individual evidence
- ↑ for example OLG Schleswig, FamRZ 1997, 1427 = NJWE-FER 1997, 105
- ↑ cf. in addition Bt-Drs. 19/12404: http://dip21.bundestag.de/dip21/btd/19/124/1912404.pdf
- ↑ cf. For example Social Court Berlin, judgment of December 12, 2000, AZ S 68 U 284100
- ↑ BFH June 15, 2010, VIII R 14/09
- ↑ BFH judgment of April 25, 2013 - VR 7/11
- ↑ so z. B. by the administrative court (Germany) Ansbach with judgment of November 14, 2005, AZ: AN 4 K 05.02434)
- ↑ BVerwG, judgments of February 27, 2013, 8 C 7.12, BeckRS 2013, 48687 and 8 C 8.12, BeckRS 2013, 50522 = FamFR 2013, 288
