BEM is the abbreviation for the German term „Betriebliches Eingliederungsmanagement“ (workplace integration management program). Since 2004, employers have been legally obliged to offer BEM to employees who have been unable to work for more than six weeks within a 12-month period. The legal basis for this is Book IX of the German social code (section 167 (2)).
- All employees who have been unable to work for more than six weeks within a 12-month period, either repeatedly or for a continuous period, are entitled to a BEM program.
- BEM may also be offered prior to the six-week period, providing an opportunity to prevent future periods of inability to work.
- Restoring, maintaining and promoting the ability to work. This means that the company wants to help employees to recover their health and to maintain and improve their ability to work.
- Maintaining the job.
Who is involved in BEM?
In addition to the person entitled to BEM and the person responsible for BEM, e.g. Arbeitsfähigkeitscoach®, BEM case manager, Certified Disability Management Professional©
there are other people and organisations that can be involved in the individual BEM process. If the person entitled to BEM agrees, other people/organisations can participate.
Those who belong to the company where the person entitled to BEM works are ‘internal’. Those who come from outside the company are ‘external’. All parties involved share the responsibility of protecting the data of the individual entitled to BEM.
Possible internal or external parties :
Internal:
- Works council/staff council
- Representative body for severely disabled employees (Schwerbehindertenvertretung, or SBV)
- Company/works physician
- Equal opportunities officer
- Occupational safety specialist
External:
Participation in BEM is voluntary for employees and they can withdraw at any time. However, it is a legal requirement for employers to offer BEM.
A Well-designed BEM supports employees in
- overcoming their inability to work,
- restoring, maintaining and promoting their ability to work,
- retaining their jobs,
- adapting their work to their abilities,
- recognising their strengths and resources and developing them,
- and gaining the ability to act.
Source: based on Giesert et al., 2013
- All employees who have been unable to work for more than six weeks at a time or for more than six weeks in total over the past 12 months are entitled to a BEM.
- BEM officers (HR department, BEM coordination, BEM administration) review the employee's absences.
- For example: for a five-day week, the 31st day of absence entitles the employee to BEM. For a three-day week, the 19th day of absence entitles the employee to BEM.
- Invitation to BEM by written notification (e-mail, letter) or in person by BEM representative (HR department, BEM coordination, BEM administration).
- Open dialogue between the person responsible for BEM (Arbeitsfähigkeitscoach®, BEM Case Manager, Certified Disability Management Professional©) and the person entitled to BEM.
- Information is provided on the legal background to the BEM, the objectives, the process and data protection.
- Holistic analysis of the initial situation (e.g. using the work ability concept with the fields of action of health, competence, values, working conditions and leadership as well as the environment).
- Analysis of the workplace, for example by means of a workplace inspection, the short questionnaire for work analysis (Kurzfragebogen zur Arbeitsanalyse, or KFZA), a risk assessment of physical and mental stress, the job description or the Work Ability Index (WAI).
- Based on the holistic analysis of the initial situation
- Written planning of the next steps to improve the current situation of the person entitled to BEM. This involves determining who does what and by when.
- Examples: Creation of a workplace suitable for the person's abilities, support with occupational or medical rehabilitation, gradual return to work or further training
- If support is required from others, for example from managers or external stakeholders, data protection must be ensured.
- Further discussions are held to ensure that the planned steps are helpful.
- If necessary, changes can also be made to the measures.
- Final discussion and final evaluation of BEM by the person entitled to BEM.
Legal text with explanations
Please note: The translations of this legal text into English have been machine-generated and are provided solely for the convenience of the non-German-speaking public. Any discrepancies or differences that may arise in translations of the official German versions of this legal text are not binding and have no legal effect for compliance or enforcement purposes.
For further information regarding section 167 (2) of Book IX of the German social code, please click on the corresponding text section
(2) If employees are unable to work for more than six weeks without interruption or repeatedly within a year, the employer shall clarify with the responsible representation of interests within the meaning of Section 176, and in the case of severely disabled employees also with the representative body for severely disabled employees (Schwerbehindertenvertretung, or SBV), with the consent and participation of the person concerned, the possibilities of how the inability to work can be overcome as far as possible and with which services or assistance renewed inability to work can be prevented and the job can be maintained (workplace integration management program or BEM). Employees can also consult a person of trust of their own choice. If necessary, the works or company doctor will be consulted. The person concerned or their legal representative must be informed in advance of the objectives of the workplace integration management program and of the type and scope of the data collected and used for this purpose. If benefits for participation or accompanying assistance in working life are considered, the employer shall consult the rehabilitation organisations or, in the case of severely disabled employees, the integration office (Integrationsamt). These organisations shall work to ensure that the necessary benefits or assistance are applied for without delay and provided within the period specified in Section 14 (2) sentence 2. The responsible representation of interests within the meaning of Section 176, and in the case of severely disabled employees also the representative body for severely disabled employees, may request clarification. They shall ensure that the employer fulfils its obligations under this provision.