Service Finder
Severely disabled persons Request approval for termination of employment
Service Description
Severely disabled persons or persons with equivalent disabilities are specially protected against dismissal. If you wish to dismiss a person who meets these criteria, you need the prior approval of the Integration Office as the competent authority.
Dismissal without the prior consent of the competent authority is invalid. It cannot be subsequently approvedby the competent authority either.
Dismissal without the involvement of the representative body for severely disabled employees (if present in the company) is also invalid.
Approval is required regardless of the reason for the intended dismissal (personal, operational or behavioral). The special protection against dismissal also applies regardless of the size of your company.
You need the approval of the Integration Office for all types of dismissals, i.e. for
- ordinary dismissals,
- extraordinary dismissals (without notice) and
- notices of change.
In addition to the reason for dismissal, other interests are taken into account when approving the dismissal as part of the legally prescribed balancing of interests. These may include
- Size and economic situation of the employer and
- fulfillment of the employment obligation
as well as:
- Type and severity of the disability,
- age,
- personal circumstances of the severely disabled person,
- the length of service with the company and
- his or her chances of finding another job on the general labor market in the event of dismissal.
Particularly in the case of dismissals for personal and behavioral reasons, the dismissal protection proceedings will clarify what the company or the department and the company integration team did to avert the dismissal in advance and whether any preventative measures were taken.
In the case of extraordinary dismissals (without notice), the Integration Office checks whether the dismissal is related to the severe disability. If this is not the case, it will approve the dismissal and thus open the way to the labor court.
Dismissal without the involvement of the representative body for severely disabled employees (if present in the company) is invalid. Dismissal without the prior consent of the Integration Office is also invalid. It cannot be subsequently approved by the Integration Office either.
You only do not need approval if the severely disabled employee
- resigns themselves,
- has worked 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-related reasons, if the employer has given a binding promise of re-employment,
- if, at the time of termination, the status as a severely disabled person could not be determined by the competent authorities or the employment relationship is terminated without notice, for example by a termination agreement.
Process flow
In order to be able to dismiss severely disabled persons or equivalent disabled persons, you must submit an application for a declaration of admissibility to the competent authority before the actual dismissal.
The application for approval to dismiss a severely disabled person can be submitted online or in writing.
If applying online:
- You call up the online service:
- You log in via the Business service account (after registration if necessary)
- Your company data is automatically transferred from the service account to the online application
- You enter all the necessary termination data
- All necessary documents must be submitted for fast processing by the authorities (relevant evidence can be uploaded),
- Your application will be checked by the responsible authority
- The integration office will send you the approval or decision by post
- In principle, the person can only be effectively dismissed once the employer has received the authority's written notice of approval
Approval for the dismissal of a severely disabled person can be applied for in writing as follows
- Contact the Inclusion Office to obtain the application form for consent to dismissal. Fill it out completely and send it to the Inclusion Office with the required documents.
- After receiving the application for consent to dismissal, the Integration Office will examine the facts of the case. To do this, 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.
- Tip: You can obtain the opinion of the works or staff council and the representative body for severely disabled employees yourself in advance and add it to your application.
- If necessary, the Inclusion Office will also involve specialists (e.g. the specialist integration service or the technical advisory service) and obtain further opinions and expert reports. It may also interview witnesses to clarify the facts of the case.
- The Integration Office is obliged to work towards an amicable agreement 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 Integration Office 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 Integration Office 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 dismissals in connection with the discontinuation of operations, significant operational restrictions and insolvencies.
- The Inclusion Office issues 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.
Who should I contact?
Please contact the Inclusion Office at the Thuringian State Administration Office.
Competent authority
Please contact the Inclusion Office at the Thuringian State Office of Administration.
Thuringian State Office of Administration
Department 314 Inclusion Office
Jorge-Semprún-Platz 4
99423 Weimar
Requirements
- Recognition as a severely disabled person: a degree of disability of at least 50 must have been determined by the pension office.
- Equalization: with a degree of disability of 30 or 40, equalization with a severely disabled person must have been granted by the Employment Agency.
Which documents are required?
- Copy of the severely disabled person's ID card or the equality notice from the employment agency.
- Determination notice from the pension office about the severe disability (is requested by the integration office for employees, the employer has no right to this document)
- Copy of the employment contract
- Job description
- detailed justification of the intention to terminate the employment
What are the fees?
There are no fees to pay.
What deadlines do I have to pay attention to?
- Consent to extraordinary (immediate) termination: You must give notice of termination immediately after the Integration Office has given its consent. Immediately means here within 3 working days. If you miss this deadline, the approval of the Integration Office is invalid. You can then only seek a new ordinary termination procedure.
- Consent to ordinary termination: You must give notice of termination within one month of receiving the Integration Office's consent. After that, the consent to termination expires. You can then only seek a new ordinary termination procedure.
Processing duration
- Approval of extraordinary termination (without notice): Decision by the Integration Office within two weeks of receipt of application. If no decision is made by the Integration Office within this period, approval is deemed to have been granted.
- Consent to ordinary termination: Decision by the Integration Office within one month, if the Integration Office has all the information it needs to make a legally sound decision. On average, the processing time nationwide is 7 weeks.
Legal basis
- § Section 154 of the Ninth Book of the German Social Code (SGB IX)
- § Section 158 of the Ninth Book of the German Social Code (SGB IX)
- §§ Sections 168 ff. of the Ninth Book of the German Social Code (SGB IX)
- § Section 179 (1) of the Ninth Book of the German Social Code (SGB IX)
- Dismissal Protection Act (KSchG)
- German Civil Code (BGB)
Applications / forms
Possibility of opposition
Appeal
Forms: you can obtain the application form from your regional inclusion office
Online procedure possible: yes
Written form required: yes
Personal appearance required: no
Author
The text was automatically translated based on the German content.
Technically approved by
Thuringian State Administration Office
Professionally released on
20.11.2025
Source: Zuständigkeitsfinder Thüringen (Linie6Plus)
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