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Source: BUS Sachsen-Anhalt (Linie6PLus)

Apply for consent to the dismissal of severely disabled people

Description

Severely disabled persons and persons with disabilities treated as such are particularly protected against dismissal. Therefore, you must obtain the consent of the Integration Office (in Bavaria and North Rhine-Westphalia: Inclusion Office) before you give notice of termination.

Consent is required regardless of the reason for the intended termination (personal, operational or behavioural). The special protection against dismissal also applies regardless of how large your company is.

You need the approval of the Integration Office for all types of dismissals, i.e. for:

  • ordinary terminations,
  • extraordinary (without notice) terminations as well as
  • Change Notices.

In addition to the actual reason for dismissal, the Integration Office takes into account in its decision within the framework of the legally prescribed necessary balancing of mutual interests, for example:

  • the size and economic situation of the employer, and
  • Fulfilment of the employment obligation

as well as:

  • the nature and severity of the disability,
  • Age
  • personal circumstances of the severely disabled person,
  • the length of service, and
  • his chances of finding another job in the general labour market in the event of any dismissal.

In particular, in the case of dismissals due to personal and behavioural reasons, the dismissal protection procedure clarifies what the company or the department as well as the company integration team have done in advance to avert the dismissal and, if necessary, whether measures have been taken as part of prevention.

In the case of extraordinary (without notice) dismissals, the Integration Office checks whether the dismissal is related to the severe disability. If this is not the case, it agrees to the dismissal and thus opens the way to the labour court.

A termination that you give without the participation of the representative body for severely disabled persons (if available in the company) is ineffective.

A termination without the prior consent of the Integration Office is also ineffective. Nor can it be subsequently approved by the Integration Office.

You only do not need consent if the severely disabled employee:

  • self-terminates,
  • works in your company for less than 6 months,
  • has reached the age of 58 and is entitled to a severance payment or similar benefit,
  • in the event of dismissal for weather reasons, if the employer gives a binding re-employment commitment,
  • if, at the time of termination, the status of severely disabled person could not be established by the competent authorities, or
  • the employment relationship is terminated without notice, for example by a termination agreement.
     

You must apply for consent to the termination of a severely disabled person in writing:

  • Contact your regional integration or inclusion office to obtain the application form for consent to termination. Fill it out completely and send it to the Integration Office with the required documents.
  • Upon receipt of the application for consent to the termination, the Integration Office examines the facts. To this end, it listens to the severely disabled person and obtains the opinion of the works or staff council and the representative body for severely disabled persons.
    • Tip: You can obtain the opinion of the works or staff council and the representative body for severely disabled persons in advance and add it to your application.
  • If necessary, the Integration Office also engages specialists (for example, the Integration Specialist Service or the Technical Advisory Service) and obtains further opinions and expert opinions. In order to clarify the facts, it may also conduct witness examinations.
  • The Integration Office is obliged to work towards an amicable settlement in every situation of the procedure. This can be done particularly well in oral proceedings with all parties.
  • Within the framework of an amicable agreement, the Integration Office may also offer benefits of accompanying assistance in working life from means of the compensatory levy, for example for disability-friendly workplace design or to compensate for extraordinary burdens that may be associated with the employment of the severely disabled person.
  • If an amicable agreement is not reached, the Integration Office will make a decision on the application at its dutiful discretion and balancing of the mutual interests of the two parties. In the case of dismissals in connection with business cessations, significant operating restrictions and insolvencies, special regulations apply.
  • The Integration Office issues a notice of dismissal, which is addressed to you as the applicant and at the same time to the employee as a party to the proceedings. In addition to the decision, the decision shall contain a detailed statement of reasons and an appeal.
     
  • Recognition as a severely disabled person: a degree of disability of at least 50 must have been determined by the pension office.
  • Equality: with a degree of disability of 30 or 40, equality with a severely disabled person must have been granted by the Employment Agency.
     
  • Severely disabled person's pass
  • Recognition notice from the pension office about the severe disability (is requested by the Integration Office for employees. The employer is not entitled to this document)
  • Equality Notice of the Employment Agency
  • Job description
  • Detailed justification of the intention to terminate the contract
  • Consent to extraordinary (without notice) termination: You must give notice of termination immediately after approval by the Integration Office. Immediately means here within 3 working days. If you miss this deadline, the approval of the Integration Office lapses. You can then only seek a new ordinary termination procedure.
  • Consent to ordinary termination: You must give notice of termination within one month of receipt of the consent of the Integration Office. Thereafter, the consent to termination expires. You can then only seek a new ordinary termination procedure.
     
  • Consent to extraordinary (without notice) termination: Decision of the Integration Office within two weeks of receipt of the application. If no decision is made by the Integration Office within this period, the consent shall be deemed to have been given.
  • Consent to ordinary termination: Decision of the Integration Office within one month, if the Integration Office has all the information it needs to be able to make a legally secure decision. On average, the processing time nationwide is 7 weeks.
     

Forms: the application form can be obtained from your regional integration or inclusion office

Online procedure possible: no

Written form required: yes

Personal appearance required: no

The text was automatically translated based on the German content.

Federal Ministry of Labour and Social Affairs (BMAS)

No authority found