Protection against dismissal for severely disabled persons: A guide

Summary: 

• Protection against dismissal for severely disabled people is regulated by law in Germany and offers special protection against job loss. 
• Before giving notice, employers must obtain the approval of the integration office and provide special reasons. 
• A lawyer specializing in employment law can advise and support severely disabled persons in dismissal protection proceedings.

Legal basis of protection against dismissal for severely disabled persons

The special protection against dismissal for severely disabled people is anchored in the Ninth Book of the Social Code (SGB IX). The regulations are intended to secure the jobs of severely disabled people and to promote their participation in working life. 

Severely disabled people are people with a degree of disability (GdB) of at least 50. The law also stipulates what type of protection against dismissal applies to severely disabled people - for example in the case of ordinary or extraordinary dismissals.

approval of the integration office

Before an employer can terminate a severely disabled employee, he must obtain the approval of the responsible integration office. The integration office checks whether the termination is justified and whether there are reasonable alternatives to keep the severely disabled person's job. 

The employer is obliged to inform the integration office of all relevant Information to make available that are needed for the decision.

Special Reasons for Termination

For the termination of a severely disabled employee, there must be special reasons that justify such a measure. The reasons can fall into the following categories:

• Personal reasons: These reasons relate to the personal characteristics or abilities of the severely disabled employee. A personal reason can be, for example, a permanent health impairment that makes it impossible for the employee to perform his or her work. In such cases, the employer must prove that the employee can no longer perform the contractually agreed tasks due to his or her disability and that continued employment is not reasonable.
• Behavioral reasons: Behavioral reasons exist if the severely disabled employee has repeatedly violated contractual obligations, for example through unexcused absence or repeated refusal to work. Here the employer must demonstrate that the violation is serious enough to justify termination and that previous warnings or admonitions were unsuccessful.
• Operational reasons: Operational reasons relate to changes in the company that affect the job of the severely disabled person. This can be a restructuring, a closure of business units or a relocation of jobs. In this case, the employer must prove that the termination is necessary in order to implement the operational changes and that there are no other employment opportunities for the severely disabled employee in the company.

In all cases, it is important that the employer carefully examines and proves the specific reasons for the termination to ensure that the termination is legally valid. 

Inadequate justification can result in the dismissal being ineffective and the severely disabled person keeping his or her job.

Role of the lawyer for labor law

A lawyer specializing in employment law can advise and support severely disabled persons in dismissal protection proceedings. He can check that all legal requirements for termination are fulfilled and whether the integration office was correctly involved. 

If necessary, the lawyer can also object to the approval of the integration office and represent the severely disabled employee in court.

Overview of protection against dismissal for severely disabled persons

Frequently asked questions about protection against dismissal for severely disabled people

How does the integration office find out about an intended termination?

The employer must report the intention to give notice to the integration office and obtain approval before giving notice of termination.

What are the deadlines for objecting to the integration office’s approval of termination?

As a rule, the deadline for objecting to the approval of the integration office is one month from receipt of the notification of approval.

What happens if the employer gives notice without the consent of the integration office?

Termination without the approval of the integration office is ineffective. The severely disabled person concerned can file an action for protection against unfair dismissal with the labor court within three weeks of receipt of the notice of termination.

Does the special protection against dismissal for severely disabled employees also apply during the probationary period?

Yes, the special protection against dismissal also applies during the probationary period. However, there may be different regulations that must be checked on a case-by-case basis.

Conclusion

In these guidelines, we have explained the special protection against dismissal for severely disabled people, shown the legal basis and presented the role of a lawyer specializing in employment law in such cases. 

It is important to seek timely and comprehensive advice on termination issues in order to represent your own interests in the best possible way.