Requesting approval for the dismissal of severely disabled people

Procedure

You must apply in writing for consent to the dismissal of a severely disabled person:

• The application can be made informally or by using an application form (available from the competent body).
• Upon receipt of the application for consent to dismissal, the competent body will examine the facts of the case. To this end, it will hear the severely disabled person and obtain the opinion of the works or staff council and the representative body for severely disabled employees.
• If necessary, the competent body also calls in specialists (e.g. the Technical Advisory Service) and obtains further opinions and expert reports. It may also interview witnesses to clarify the facts of the case.
• The competent body 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.
• As part of an amicable settlement, the competent body can also offer services of accompanying assistance in working life from funds from the equalization levy, for example for 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 cannot be reached, the competent body will make a decision on the application at its own discretion and after weighing up the mutual interests of both parties. Special regulations apply to terminations in connection with the cessation of operations, significant operational restrictions and insolvencies.
• The competent body will issue a notice of dismissal 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 notice contains detailed reasons and a legal remedy.

Legal bases

• §§ 168 ff. Sozialgesetzbuch Neuntes Buch (SGB IX)

More information

The special protection against dismissal exists alongside the protection against dismissal under labor law and does not replace it.

The special protection against dismissal has the task of protecting severely disabled employees from disadvantages on the labor market due to their disability and, if necessary, compensating for them. This does not mean that severely disabled persons cannot be dismissed.

The legislator obliges employers to take preventive action in the event of difficulties arising (due to personal, operational or behavioral reasons) in the employment relationship of a severely disabled person, involving the employee representatives and the Integration Office (Section 167 (1) SGB IX). The securing of an employment relationship by means of prevention has priority over termination and is an examination and decision-relevant component of the proceedings for protection against dismissal in accordance with SGB IX.

The termination of a severely disabled person by the employer without the involvement of the representative body for severely disabled persons is invalid.