Facts
The [A. GmbH] offers 24-hour care services for disabled and elderly persons. The services include the provision of nursing services and services in private household management. The caregivers live and work 24 hours a day in the household of the person to be cared for and are thus organizationally, personally, and temporally fully integrated into the household community.
The Economic and Labor Department of the Canton of Lucerne has determined that the [A. GmbH] operates a permit-required staff leasing business and has requested it to submit a corresponding permit application. The [A. GmbH] has filed a complaint against this decision and claims that it is not a permit-required staff leasing company, as it has comprehensive directional powers over its employees and its employees are only used as auxiliary personnel.
Considerations
The Federal Court has dismissed the complaint and determined that the [A. GmbH] operates a permit-required staff leasing business. The court has argued that the caregivers of the [A. GmbH] are integrated into the household community of the person to be cared for and thus essential directional powers lie with the customer. The court has also determined that the [A. GmbH] carries out its activity on a commercial basis and is therefore subject to the permit requirement.
The court has also rejected the arguments of the [A. GmbH] , according to which it is…