Polish nursing staff in Germany: wages, working hours and rights

What you expect

Nursing staff from Poland are a central pillar of care in Germany - in hospitals, nursing homes and in home care. Anyone who works here has clear rights: minimum wage, working hours, vacation, health insurance. These calculators give a quick answer for the specific numbers:

Three paths to German nursing

The legal situation depends heavily on how you come to Germany:

1. Employment with a German employer. They are fully subject to German social security and labor law: statutory health, pension, nursing care and unemployment insurance, wage tax, vacation, minimum wage and minimum nursing care wage. This is the clearest and safest way.
2. Posting via a Polish company (posting). You remain socially insured in Poland (with an A1 certificate) and keep your Polish health insurance via form S1. But: The German minimum wage for care workers, the German Working Hours Act and the holiday entitlement still apply - this is what the Posting of Workers Act requires.
3. Self-employed as a caregiver. Rare and legally problematic in the home; often a false self-employment, which in the event of a dispute is reinterpreted by the customs or social court as a regular employment.

Nursing minimum wage

Nursing is one of the few industries with its own, legally defined Minimum wage, which is above the general minimum wage. He is regularly visited by the Nursing Commission adapted:

These amounts are binding – also for posted nursing staff from Poland. Anyone who receives less is entitled to additional payment. This shows what is left over in the end Gross-Net Calculator. In public services (municipalities, municipal hospitals) the pays TVöD-P usually significantly more than the minimum wage - which TVöD calculator shows the pay groups for care.

In addition, the minimum wage for nursing care stipulates:

• More vacation than the statutory minimum vacation of 20 days (5-day week).
• Surcharges for night, Sunday and public holiday work.
• Obligation to record the working hours by the employer.

Working hours and the reality of 24-hour care

The German Working Hours Act sets clear limits:

• Maximum 8 hours per working day, on average 48 hours per week.
• Breaks: 30 minutes from 6 hours, 45 minutes from 9 hours.
• At least 11 hours of continuous rest time between two working days.
• Sunday rest with narrow exceptions.

The calculates your actual weekly working hours Working time calculator from start, end and pauses.

The 24 hour care The most sensitive point here is in the budget: in 2021, the Federal Labor Court (judgment 5 AZR 505/20) decided that the Standby time must be paid for in the household of the person in need of care. In practical terms, this means that anyone who is present for 24 hours is entitled to wages for every hour in which a care task may arise at any time - not just for the hours actively worked. The classic 24-hour placement via Polish agencies often does not fulfill this. If fewer hours are paid than actually accrued, it is worth seeking advice from Faire Mobility.

Recognition of Polish nursing training

Poland and Germany are both on the EU Professional Recognition Directive 2005/36/EG bound. From this it follows:

• Pielęgniarka / Pielęgniarz (Nurse/in) and Położna (midwife) with a Polish diploma in Germany automatically recognized. You can work as a nursing specialist after formal recognition.
• Opiekun medyczny / Elderly care auxiliary degrees go through one individual equivalence test with the responsible federal state (usually the district government).
• For Nursing assistant No recognition is necessary without a professional qualification; Work is carried out at the “nursing assistant” level.

Proof of language skills is usually B2 German (for skilled workers). Recognition is carried out by the respective state authority; The “IQ Network” recognition advisory service offers Polish-language advice.

Health insurance: posting or employment

The difference determines who pays in the event of illness:

The form A1 The Polish employer applies to the ZUS and proves that social insurance runs in Poland. The form S1 ensures that a German health insurance company covers the treatment and charges the costs back to the Polish NFZ. Without A1 and S1 there is a risk of additional contributions from Germany.

Social benefits and family

Much of the same is consistent with the general guide for Polish workers in Germany:

• Child benefit You will also receive it if your children live in Poland - as long as you work in Germany subject to social insurance contributions.
• Parental allowance pays the German parental allowance office as soon as you live in Germany; the Parental allowance calculator estimates the amount.
• Sick pay From the 7th week of illness, the health insurance company pays; the Sickness benefit calculator use for the expected height.
• Pension: Polish and German insurance years are added together for the claim; Payment is made proportionately (see Pension calculator).

Where there is help in Polish

• Fair Mobility (DGB): Free Polish-language advice specifically for nursing staff – working hours, back pay, contractual questions.
• ver.di care: Trade union representation in the care sector, Polish advice in metropolitan areas.
• IQ network recognition: Recognition of Polish nursing qualifications, with initial consultation in Polish.
• Caritas and Diaconia: Accompaniment for nursing staff from Central and Eastern Europe.
• Federal government authorized care representative: Information offers in Polish on the minimum wage for care workers.

Common Misconceptions

• “The German minimum wage does not apply to 24-hour care.” Yes – both for active care and for on-call time. This also applies to postings from Poland.
• "Polish social security is enough for everything in Germany." Medical treatment in Germany is only covered with an A1 certificate and S1 form - otherwise you will incur your own costs.
• "My Polish nursing training has to be caught up in Germany." No. Nurse /Pfleger-Diplome are automatically recognized; only geriatric care needs an individual assessment.
• "Anyone who provides care in Germany loses their Polish pension." No. Both pensions remain intact and are paid proportionately from the respective insurance periods.

Conclusion

Nursing staff from Poland are well protected legally in Germany – if they know their rights. The nursing minimum wage, working time limits, holiday entitlement and social benefits apply to every nursing staff, regardless of whether they work through a Polish or German employer. If anything is unclear, it's worth going to Faire Mobility or ver.di. The calculators on this page help you quickly check your own numbers.

Sources

• Federal Labor Court - Judgment 5 AZR 505/20 from June 24, 2021 on standby time - bundesarbeitsgericht.de
• Nursing Commission – Decision on minimum wages in nursing – bmas.de
• EU Directive 2005/36/EG – Recognition of professional qualifications – eur-lex.europa.eu
• Posting of Employees Act (AEntG) – gesetze-im-internet.de/aentg_2009
• Fair mobility – advice for migrant workers – faire-mobilitaet.de
• Federal Ministry of Health – Care and nursing minimum wage – bundesgesundheitsministerium.de