Zustimmung zur Kündigung schwerbehinderter Menschen Unfortunately this specification of service has not yet been completely translated.
Severely disabled persons and persons with equivalent disabilities are subject to special protection against dismissal under the Severely Disabled Persons Act. This means that an employer must obtain the consent of the Integration Office before giving notice of termination. The consent of the Integration Office is required for all types of terminations. regular termination extraordinary (immediate) termination Change notice required by the employer and irrespective of the reason for an intended dismissal (personal, operational or behavioural) Also the termination of an employment relationship without notice, for example because of the receipt of a reduced earning capacity pension and due to corresponding provisions in collective agreements, regularly requires the approval of the Integration Office. If the severely handicapped employee terminates his employment, consent is not required.
the worker is recognised as a severely disabled person or a person treated as such, or the disability is obvious, or the employee has submitted an application for the determination of severely disabled status or equal status and there are at least 3 weeks between submission of the application and termination (the employer must have fulfilled its obligations to cooperate with the determining authority) the employment relationship exists for more than six months Exceptions to the special protection against dismissal are conclusively regulated by law (§ 173 SGB IX). Which documents are necessary? The application for consent to termination must be submitted in writing to the Integration Office responsible for the business. It must contain the following information: personal data of the severely disabled person Data of the employer (name, seat and location of the establishment) Type and date of termination Reason for termination Documents proving the reason for termination must be enclosed (for example, documents on social selection in the case of dismissals for operational reasons, evidence in the case of dismissals for conduct-related reasons).
The special protection against dismissal exists in addition to the protection against dismissal under labour law and does not replace it. The special protection against unfair dismissal has the task of protecting severely handicapped employees from handicap-related disadvantages on the labour market and, if necessary, compensating for them. This does not mean that severely disabled persons cannot be terminated. The legislature obliges employers to take preventive action in the event of difficulties (personal, operational or behavioural) arising in the employment relationship of a severely disabled person, with the involvement of the company interest groups and the Integration Office (§ 167.1 SGB IX). Securing an employment relationship by means of prevention takes precedence over dismissal and is an examination and decision-relevant component of the dismissal protection procedure pursuant to SGB IX. The dismissal of a severely disabled person which the employer pronounces without the participation of the representative body for severely disabled persons is invalid.
After receipt of an application for consent to dismissal, the Integration Office examines and clarifies the facts. It listens to the severely disabled person and obtains the opinions of the works or staff council and the representation of severely disabled persons. If necessary, the Integration Office calls in additional specialists (e.g. the Technical Advisory Service of the Integration Office, Integration Specialist Service) and/or obtains further statements and expert opinions. It may also interview witnesses to clarify the facts of the case. The Integration Office is obliged to work towards an amicable settlement at every stage of the proceedings. This can be done particularly well in an oral hearing with all parties involved. If an amicable settlement cannot be reached, the Integration Office will make a decision on the employer's application. The parties to the proceedings (employer, severely disabled person) may object to this decision, which does not have a suspensive effect.