Grant disabled persons equal treatment with severely disabled persons Unfortunately this specification of service has not yet been completely translated.

As a person with disabilities, you can be treated the same as a severely disabled person under certain conditions.

There are 2 situations in the labour market under which you can be put on an equal footing with severely disabled people:

  • You want to have a job or
  • You would like to keep your job.

With equal status, you basically have the same status as severely disabled people.

This means, for example, that

  • special protection against dismissal
  • assistance with workplace equipment
  • Support from special specialist services
  • employment incentives for employers (such as wage subsidies)

However, additional leave, free transport on local public transport and special old-age pensions are excluded.

If you have special protection against dismissal, for example because you work as a civil servant in the public sector, you must be able to give good reasons why you want to be treated in the same way as severely disabled people. For example, you must be able to explain in a comprehensible way, on the basis of special circumstances, why your job is less secure because of your disability than that of a non-disabled colleague. There must be concrete reasons related to your disability, for example, if you are threatened with early retirement due to your disability.

  • Proof of the required degree of disability, e.g. a copy of your assessment notice.

You can find further information on the required proofs or documents on the application form. Your employment agency may request further documents when processing your application.

Forms: yes
Online procedure possible: no
Written form required: no
Personal appearance required: no








Preconditions

You are a person with disabilities and have a degree of disability of less than 50 but at least 30.
You are legally resident in Germany or you are legally staying in Germany or you are legally employed in a job in Germany.
You cannot find a suitable job because of your disability or your job is at risk because of your disability. Indications that your job is at risk because of your disability can be, for example:





  • Repeated/frequent absences due to disability
  • Permanently reduced ability to work under pressure
  • Limited mobility due to disability
  • Permanent need for support from colleagues
  • Recognizable reactions of the employer to the disability-related restrictions (for example, warnings).

There is a special regulation for disabled youths and young adults during the period of their vocational training or a vocational orientation: They do not have to apply for their equality, because they are automatically treated as equal by law if the requirements are met. However, this equality only applies to benefits provided by the Integration Office in the context of vocational orientation and vocational training (bonuses and subsidies towards the costs of vocational training).

Related Links

  • § 2 Absatz 3 Sozialgesetzbuch Neuntes Buch (SGB IX)
  • § 151 Absatz 2, 3 und 4 Sozialgesetzbuch Neuntes Buch (SGB IX)

Related Links

  • Informationen für Arbeitnehmer zu Schwerbehinderung und Gleichstellung auf der Webseite der Bundesagentur für Arbeit
  • Informationen für Arbeitnehmer zum Gleichstellungsantrag auf der Webseite der Bundesagentur für Arbeit

To be put on an equal footing with severely disabled persons, proceed as follows:

  • You can apply for equality informally, i.e. in person, by telephone or in writing at your local employment agency.
  • So that the Employment Agency can check the requirements, you will then receive a form in which you must answer a few questions.
  • The Employment Agency will check your application. Once you have submitted the application to secure your job, your employer and - if available - the works council or staff council and the representative body for severely disabled persons will be asked about the specific job situation. However, this presupposes that you have given your consent in each case beforehand.
  • You will receive a written decision as to whether your application has been approved or rejected.

Responsible for the content
Federal Ministry of Labour and Social Affairs

Last update or date of publication
05.08.2020