Saarbrücken (ots) - Due to investigations by the main customs office Saarbrücken - Financial Control for Illegal Employment Kaiserslautern - the operator of a care placement agency was convicted of illegal employment, tax evasion, and smuggling of foreigners to a prison sentence of one year and a fine of 15,000 euros. The verdict is final.
An 85-year-old employer from the Kusel area was sentenced to a total prison term of one year, suspended on probation. The court found it proven that the operator of an agency for the placement of so-called 24-hour caregivers/household helpers illegally employed her workers between 2016 and 2020. She smuggled the workers in from non-EU countries (third countries). The workers were deployed in private households. The employer did not pay the social security contributions and income taxes due for these workers. In addition, the 24-hour caregivers/household helpers did not have residence and work permits. They had entered the Federal Republic with tourist visas only. However, to take up employment, they would have needed residence permits and work permits. This resulted in tax and social security damage amounting to more than 450,000 euros. In addition to covering the damages, the Kaiserslautern District Court imposed an additional fine of 15,000 euros on the operator of the agency.
The operator of the agency specifically recruited 24-hour care workers/household helpers from third countries, organized their entry into Germany, and deployed them in private households. Upon request, she confirmed to the private households that the caregivers were registered for social insurance in their home country or that the registration would be carried out by her. Most brazenly, the employees had to pay a fee for the job placement and a portion of their wages to the agency operator. This was justified by the social security contributions and wage taxes incurred. However, the operator pocketed this fee. To conceal the employment relationships, no written contracts were concluded with either the employees or the private households. The placement fees/wages were mostly paid in cash. Through her actions, the operator deliberately tried to shift the employer status to the private households.
