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.

Source: Zuständigkeitsfinder Thüringen (Linie6Plus)

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