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Procedure descriptions

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Terminating employees with severe disabilities

The dismissal of people with severe disabilities is subject to special conditions. Employers require the approval of the Inclusion and Integration Office prior to dismissal.

Please note: This special protection against dismissal does not apply during the first six months of employment.

In the case of fixed-term employment relationships, it only applies if you wish to terminate the employment relationship before the deadline expires.

Forms/Online Services

Elektronisch die Zustimmung des Integrationsamtes beantragen

Responsible department

The Inclusion and Integration Office at the Baden-Württemberg Municipal Association for Youth and Social Affairs (KVJS), which is responsible for the employer's registered office.

Details

Prerequisite

The employee is severely disabled. Severely disabled status exists if

it is obvious or
can be proven with the severely disabled person's pass or notification of equalisation from the employment agency.

Note: The special protection against dismissal does not apply if, at the time of dismissal, the severely disabled status

has not been proven or
the application for recognition of the severe disability or equalisation was not submitted at least three weeks in advance or
the competent authority was unable to make a determination due to a lack of co-operation.

Procedure

As an employer, you must apply in writing or electronically to the relevant Inclusion and Integration Office for approval of the intended dismissal.

If you apply electronically, you must send the data to the Inclusion and Integration Office in encrypted form for data protection reasons. Please use the online forms on the KVJS website. The application must explain the reason for the cancellation in detail, in particular the connection between the disability and the cancellation.

The Inclusion and Integration Office determines the facts of the case and hears the person with a severe disability. It obtains the opinions of the works or staff council or the employee representative body and the representative body for severely disabled employees. If necessary, the Inclusion and Integration Office will also involve its technical advisory service, the occupational physician or specialists from the occupational support service. A dismissal issued by the employer without the involvement of the representative body for severely disabled employees is invalid.

The Inclusion and Integration Office must provide comprehensive and exhaustive information. For example, it can also hear witnesses.

The Inclusion and Integration Office examines the reasons for dismissal presented by the employer and initially looks for a solution to maintain the employment relationship. This may be possible, for example, by

a disability-friendly reorganisation of the previous workplace or
Transfer to another disability-friendly workplace.

The Inclusion and Integration Office will endeavour to reach an amicable agreement at every stage of the proceedings. It can fulfil this task well in an oral hearing with all parties involved.

Deadlines

With the approval of the Integration Office, the notice of termination can only be given within one month of receipt of the approval. If you miss the deadline, you must apply for approval of the termination again.

In the event of extraordinary termination (e.g. without notice): You must apply to the Inclusion and Integration Office within two weeks of becoming aware of the reason for termination. If the Inclusion and Integration Office agrees, you must give notice of termination immediately.

Required documents

Applications for consent to cancellation

Costs

none

Processing time

Depending on the investigation effort

If possible, the decision should be made within one month of receipt of the application. In the case of extraordinary dismissal, the Inclusion and Integration Office must decide on an application for approval within two weeks. If no decision is made within this period, consent is deemed to have been granted (fictitious consent).

Miscellaneous