Severe Disability during Working Life - Working-in-Germany
 
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Severe Disability during Working Life


Definition, Explanation

Severe disability is defined as a degree of disability of more than 50%. As soon as this is reached, individual protection at work applies. This has an effect on the possibilities an employer has to terminate a contract and means 5 additional days for annual leave. Special rules also apply to overtime: on request, a severely disabled employee is to be released from it.

Employment protection commences 6 months after the start of employment. In this case, termination requires permission by the integration authority. This checks in advance whether the continuation of employment is possible and assesses the interests of the employer and the disabled employee. Only if unreasonableness of further employment has been proven, does it grant permission.

In order to provide the severely disabled with the possibility of pursuing a profession and getting a normal job, employers having at least 20 workplaces are obliged to employee 5 percent severely disabled. If the not all of these jobs are occupied, then a compensatory levy is to be paid.

  • 105 euros per month in the case of a fulfilment quote of 3 to under 5 percent
  • 180 euros per month in the case of a fulfilment quote of 2 to under 3 percent
  • 260 euros per month in the case of a fulfilment quote of less than 2 percent

As soon as at least 5 severely disabled persons are employed, the representative must be chosen from a severely disabled delegation. It is their task to promote the integration of disabled persons into the company and the departments/offices as well as to represent their interests. If fewer than 5 severely disabled persons are employed, the employee organization takes on this task.

If special measures are necessary to furnish the workplace disability-friendly, the employment agency pays for the additional costs. Among these are the measures necessary for the barrier-free design. The integration authority covers the costs of investment, if an additional and new workplace is instituted for a severely disabled person.



Last update: 04/01/2010
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