Apply for consent to the dismissal of severely disabled people
If you wish to terminate a severely disabled person or a disabled person treated as such, you must first obtain the consent of the Integration Office (in Bavaria and North Rhine-Westphalia: Inclusion Office).
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.
In Schleswig-Holstein, the Integration Office has handed over this task to the responsible welfare offices in accordance with the severely disabled law of the respective districts and independent cities.
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 consent of the welfare 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 welfare authority 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,
- 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 welfare 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 welfare authority is also ineffective. Nor can it be subsequently approved by the welfare office.
You only do not need consent if the severely disabled employee:
- 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.
- Severely disabled person's pass
- Recognition notice of the pension office about the severe disability (is requested by the welfare 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
Forms: the application form can be obtained from your responsible welfare office
Online procedure possible: no
Written form required: yes
Personal appearance required: no
- 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.
§§ 168 ff. Social Code Ninth Book (SGB IX)
You must apply for consent to the termination of a severely disabled person in writing:
- Contact your competent welfare office under the Severely Disabled Persons Act to obtain the application form for consent to the termination. Fill it out completely and return it with the required documentation.
Upon receipt of the application for consent to the dismissal, the welfare 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 welfare 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 welfare body 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 welfare office may also offer benefits of accompanying assistance in working life from funds of the compensatory levy, for example for the 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 welfare authority shall 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 welfare 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.
Responsible for the content
Ministry of Social Affairs, Health, Youth, Family and Senior Citizens (MSGJFS)
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