responsibility finder
Schleswig-Holstein

Requesting approval for the dismissal of severely disabled people

Source: Zuständigkeitsfinder Schleswig-Holstein (Linie6PLus)

Service Description

Severely disabled persons and persons with equivalent disabilities have special protection against dismissal. You must therefore obtain the approval of the Integration or Inclusion Office before giving notice.

The approval is independent of the reason for the intended dismissal:

  • personal reasons
  • for operational reasons
  • for behavioral reasons

dismissal is required. The special protection against dismissal also applies regardless of the size of your company.

You need the approval of the Integration or Inclusion Office for all types of dismissals, i.e. for

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


In addition to the main reason for the dismissal, the Integration or Inclusion Office also examines other points before deciding whether the dismissal is legal, for example

  • Size and economic situation of the company
  • Fulfillment of the employment obligation

As well as the following points about the severely disabled person:

  • Type and severity of the disability,
  • age,
  • personal circumstances
  • the length of service with the company and
  • the 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 is clarified in the dismissal protection proceedings. Among other things, it is clarified what the company or department and the company integration team did to prevent the dismissal and whether preventative measures were taken.

In the case of extraordinary dismissals (without notice), the integration or inclusion office checks whether the dismissal is related to the severe disability. If this is not the case, it should 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. If there is no representative body for severely disabled employees in the company, there is no obligation to involve them.

Dismissal without the prior consent of the Integration or Inclusion Office is also invalid. It cannot be subsequently approved by the Integration or Inclusion Office either.

They 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 the status as a severely disabled person could not be determined by the competent authorities at the time of termination, or

the employment relationship is terminated without notice, for example by means of a termination agreement.


Process flow
Competent authority

Your respective welfare office in accordance with the law on severely disabled persons

What deadlines do I have to pay attention to?

In the event of approval for extraordinary termination (without notice), you must give notice of termination immediately after receiving approval from the Integration or Inclusion Office. If this does not happen, the approval of the Integration or Inclusion Office is invalid. You can then only seek a new ordinary termination procedure.

Period of validity: 1 Month
In the event of approval for ordinary termination, you must give notice of termination within 1 month of receiving approval from the Integration or Inclusion Office. After that, the approval for termination expires. You can then only seek a new ordinary termination procedure.

Processing duration

Processing time: 2 Weeks
In the event of approval for extraordinary termination (without notice), the Integration or Inclusion Office will decide within 2 weeks of receipt of the application. Approval is deemed to have been granted if a decision is not made within this period.

Processing time: 1 Month
The Integration or Inclusion Office should give its approval for ordinary termination within 1 month. To do this, the Integration or Inclusion Office must have all the information it needs to make a legally sound decision.

Legal basis
Appeal
  • Objection
  • Compulsory action before the administrative court
Author

The text was automatically translated based on the German content.

Technically approved by

Federal Ministry of Labor and Social Affairs (BMAS)

Professionally released on

15.02.2024

Process flow

Competent authority

Your respective welfare office in accordance with the law on severely disabled persons

What deadlines do I have to pay attention to?

In the event of approval for extraordinary termination (without notice), you must give notice of termination immediately after receiving approval from the Integration or Inclusion Office. If this does not happen, the approval of the Integration or Inclusion Office is invalid. You can then only seek a new ordinary termination procedure.

Period of validity: 1 Month
In the event of approval for ordinary termination, you must give notice of termination within 1 month of receiving approval from the Integration or Inclusion Office. After that, the approval for termination expires. You can then only seek a new ordinary termination procedure.

Processing duration

Processing time: 2 Weeks
In the event of approval for extraordinary termination (without notice), the Integration or Inclusion Office will decide within 2 weeks of receipt of the application. Approval is deemed to have been granted if a decision is not made within this period.

Processing time: 1 Month
The Integration or Inclusion Office should give its approval for ordinary termination within 1 month. To do this, the Integration or Inclusion Office must have all the information it needs to make a legally sound decision.

Legal basis

Appeal

  • Objection
  • Compulsory action before the administrative court

Author

The text was automatically translated based on the German content.

Technically approved by

Federal Ministry of Labor and Social Affairs (BMAS)

Professionally released on

15.02.2024

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