Dismissal of severely disabled persons and persons with equal status; application for consent

Severely disabled persons and persons with equal rights have special protection against dismissal in working life. In the case of severely disabled persons or persons with equal status, both ordinary and extraordinary (termination without notice) termination of the employment relationship by the employer requires the prior consent of the Inclusion Office. In Bavaria, the Inclusion Office in the Bavarian Centre for Family and Social Affairs (ZBFS) grants this consent, as it performs the tasks of the Integration Office in Bavaria.The special protection against dismissal does not apply in the first 6 months of employment and for certain employment relationships mentioned in § 173 of the Social Code IX.A notice of termination that requires the prior consent of the Integration Office and has been given without this consent is legally invalid (void).The special protection against dismissal also applies to severely disabled homeworkers and persons treated as such. The notice period of two weeks stipulated in the Home Work Act is increased to four weeks.

Preconditions
The reason for dismissal must be related to a recognised disability.The employer's obligations and possibilities to use the benefits of the accompanying help in working life or the support by rehabilitation institutions to keep the job have been exhausted.

Hints
The representative of severely disabled persons (representative of severely disabled persons) has the same personal legal position vis-à-vis the employer, in particular the same protection against dismissal, transfer and secondment as a member of the works council or staff council.The following applies within the probationary period: If the employment relationship has not existed for more than six months without interruption when the notice of termination is received, you can terminate the employment relationship without the approval of the Integration Office or ZBFS Inclusion Office.Severely disabled persons or persons of equal status who have been dismissed without notice solely on the grounds of a strike or lockout are entitled to reinstatement after the termination of their employment.
An employer must submit the application for consent to dismissal or termination of employment in writing or electronically to the locally competent integration office. In Bavaria, the tasks of the Integration Office are performed by the Inclusion Office at the Centre for Bavarian Family and Social Affairs (ZBFS) with its seven regional offices. The regional office of the Integration Office responsible for the approval is determined by the location of the company and is independent of the employee's place of residence.The application must be submitted in writing or electronically and must be substantiated.The so-called principle of official investigation applies to the further procedure by the Inclusion Office. This means that the Inclusion Office is obliged on its own initiative to clarify everything that it considers necessary for the investigation of the facts and is not bound by the submissions or requests for evidence of the parties involved. The Inclusion Office therefore questions witnesses, experts, treating doctors and, if necessary, calls in specialist services, for example the Technical Advisory Service or an Integration Specialist Service. The representative body for severely disabled persons or the works council or staff council (if available in the company) are also asked for their opinion.In order to clarify any ambiguities, the Inclusion Office can hold a conciliation meeting, if necessary on site.

Responsible for the content
Bayerisches Staatsministerium für Familie, Arbeit und Soziales (Bavarian State Ministry of Family Affairs, Labour and Social Affairs)

Last update or date of publication
22.03.2021