Dismissal despite a severe disability? There is special protection
Severely disabled employees are especially protected against dismissal. Before the employer may dismiss, they must obtain the consent of the Inclusion/Integration Office. If it is missing, the dismissal is invalid.
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What you should do now
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1. Check the consent
Was the consent of the Inclusion Office in place at the time of the dismissal? Without it, the dismissal is invalid.
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2. Mind the deadline
For the dismissal, the 3-week deadline for an unfair dismissal claim applies; be sure to meet it.
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3. Disclose your status
If the employer is not aware of the severe disability, inform them promptly after the dismissal is received.
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4. Get advice
Seek legal advice and use the representative body for severely disabled employees / the integration service.
Frequently asked questions
Do I have special protection against dismissal as a severely disabled person?
Yes. Before a severely disabled person may be dismissed, the employer must obtain the consent of the Inclusion Office (§ 168 SGB IX). Without this prior consent, the dismissal is invalid. The protection generally applies from an employment duration of more than six months and also to persons treated as equivalent.
What do I have to do after a dismissal?
Be sure to meet the 3-week deadline for an unfair dismissal claim. Check whether the consent of the Inclusion Office was in place. If the employer was not aware of your severe disability, you should inform them promptly in order to rely on the special protection against dismissal. Get legal support.
Take action now
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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.