Consent to the dismissal of severely disabled people granted
Severely disabled persons and disabled persons on an equal footing are particularly protected from dismissal. Therefore, you must obtain the consent of the Integration Office (in Bavaria and North Rhine-Westphalia: Inclusion Office) before issuing the notice of termination. Consent is required regardless of the reason for the intended termination (personal, operational or behavioural). The special cancellation protection also applies regardless of the size of your company. You need the approval of the Integration Office for all types of dismissals, i.e.: ordinary dismissals, extraordinary (terminateable) terminations as well as Change notices. In addition to the actual reason for dismissal, the Integration Office shall take into account in its decision, within the framework of the statutory lyre-based balance of mutual interests: the size and economic situation of the employer and Fulfillment of the employment obligation And: the nature and severity of the disability, Age personal circumstances of the severely disabled person, the duration of service and his chances of finding a different job in the event of redundancy on the general labour market. In particular, in the case of dismissals due to personal and behavioural reasons, the dismissal protection procedure will clarify what the company or department and the company integration team have done to avert dismissal in advance and whether measures have been taken in the context of prevention if necessary. In the event of extraordinary (non-stop) dismissals, the Integration Office shall check whether the termination is related to the severe disability. If that is not the case, it agrees to the dismissal and thus opens the way to the employment tribunal. Termination that you issue without the participation of the severely disabled representative (if available in the company) is ineffective. Termination issued without the prior consent of the Integration Office is also ineffective. Nor can it be subsequently approved by the Integration Office. You do not need consent unless the severely disabled employee: itself announces, 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 termination due to weather conditions, if a binding re-employment commitment is given by the employer, where, at the time of termination, the status of severely disabled persons could not be established by the competent authorities, or the employment relationship without dismissal, for example by a termination contract.
Severely disabled card Approval notice from the Pension Office on severe disability (requested by the Integration Office for employees). The employer is not entitled to this document) Equality decision of the Employment Agency Job description detailed justification of the intention to terminate
Forms: the application form is available from your regional integration or inclusion office Online procedure possible: no Written form required: yes Personal appearance necessary: no
Recognition as a severely disabled person: a degree of disability of at least 50 must have been established by the Care Office. Equality: in the case of a degree of disability of 30 or 40, equality with a severely disabled person must have been granted by the Employment Agency.
You must request your consent to the termination of a severely disabled person in writing: Contact your Regional Integration or Inclusion Office to receive the application form for termination approval. Complete it completely and send it to the Integration Office with the necessary documentation. After receiving 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 Personnel Council and the Severely Disabled Persons' Association. Tip: You can obtain the opinion of the Works or Personnel Council and the Severely Disabled Persons' Association in advance and add it to your application. If necessary, the Integration Office will also call in specialists (e.g. the Integration Specialist Service or the Technical Advisory Service) and seek further opinions and expert opinions. It may also conduct witness interviews to clarify the facts. The Integration Office is obliged to work towards an amicable agreement in any situation in the procedure. This can be done particularly well at a hearing with all the parties involved. In the context of an amicable agreement, the Integration Office may also offer assistance to the accompanying persons in working life from the means of compensatory tax, for example to create a job in line with disabilities or to compensate for the exceptional burdens that may be associated with the employment of the severely disabled person. If an amicable agreement is not reached, the Integration Office shall, at its dutiful discretion and weighing up the mutual interests of the two parties, take a decision on the application. Special rules apply in the case of redundancies in connection with company closures, significant operating restrictions and insolvency. The Integration Office issues a notice of dismissal, which is addressed to you as an applicant and at the same time to the employee as a party to the proceedings. In addition to the decision, the decision contains a detailed statement of reasons and an appeal.
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Federal Ministry of Labour and Social Affairs (BMAS)
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