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 terminate a person who meets these criteria, you require the prior consent of the Integration Office as the competent authority.

Notice of termination given without the prior consent of the competent authority is invalid. This can also not be subsequently The competent authority consent.

A notice of termination that you issue without the involvement of the representative body for severely disabled employees (if one exists in the company) is also invalid.

Consent is required regardless of the reason for the intended termination (personal, operational or behavioral). The special protection against dismissal also applies regardless of how large your company is.

You need the approval of the Integration Office for all types of terminations, i.e. for:

  • ordinary terminations,
  • extraordinary dismissals (without notice) and
  • change notices.

In addition to the reason for the termination, other interests are taken into account for the approval of the termination within the framework of the legally prescribed weighing. These can be, among others:

  • Size and economic situation of the employer and
  • fulfillment of the employment obligation

as well as:

  • Type and severity of 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 based on personal or behavioral reasons, the dismissal protection proceedings clarify what the company or the department and the company integration team have done in advance to avert the dismissal and whether any preventive measures have been initiated.

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 approves the termination and thus opens the way to the labor court.

A notice of termination that you issue without the involvement of the representative body for severely disabled employees (if one exists in the company) is invalid. A notice of termination issued 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:

  • gives notice himself or herself,
  • has worked in your company for less than 6 months
  • has reached the age of 58 and is entitled to severance pay or similar benefits,
  • in the event of termination for weather-related reasons, if a binding promise of reemployment is given by the employer,
  • if, at the time of termination, the status as a severely disabled person could not be determined by the authorities responsible for this or the employment relationship is terminated without notice, for example by a termination agreement.

Source: Zuständigkeitsfinder Thüringen (Linie6PLus)

Competent Authority

Thüringer Landesverwaltungsamt - Integrationsamt - Referat 640

Address
Puschkinplatz 7
07545 Gera
Transport connection
Linie 1

Gera Hauptbahnhof
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