According to the law (section 2 (2) of Book IX of the German social code) a person is considered to be severely disabled if they have a disability with a degree of at least 50 and live or work in Germany. An authority (usually the pension office) decides whether someone has this disability. Sometimes a mental illness can also be recognised as a severe disability
Employees with a degree of disability of less than 50 can receive equal status and thus similar rights to severely disabled employees.
People can be granted equal status according to section 2 (3) of Book IX of the German social code if
- the degree of disability is at least 30,
- their place of residence, usual abode or workplace is in Germany,
- their job is at risk because of their disability or
- they cannot find a suitable job because of their disability.
To ensure that people with severe disabilities or equal status can participate in working life and find a suitable job, they are entitled to the following compensation for disadvantages:
Employees with severe disabilities or equal status have special protection against dismissal, which is described in the law in Book IX of the German social code, section 168 et seq.
Employers are not allowed to simply dismiss employees just due to their disability. Before a dismissal can take place, employers must obtain permission from the relevant office (usually the Integration Office (Integrationsamt)). This office is designed to ensure that the rights of employees with disabilities are protected and that they are treated fairly.
The Integration Office (Integrationsamt) aims to ensure that employees with disabilities can keep their jobs. It also offers specialist support and funding to employers to help them better manage the needs of their employees with disabilities.
Employees with severe disabilities or equal status have special protection against dismissal, which is described in the law in Book IX of the German social code, section 168 et seq.
Employers are not allowed to simply dismiss employees just due to their disability. Before a dismissal can take place, employers must obtain permission from the relevant office (usually the Integration Office (Integrationsamt)). This office is designed to ensure that the rights of employees with disabilities are protected and that they are treated fairly.
The Integration Office (Integrationsamt) aims to ensure that employees with disabilities can keep their jobs. It also offers specialist support and funding to employers to help them better manage the needs of their employees with disabilities.
According to the law (section 208 of Book IX oft the German social code), employees with a severe disability are entitled to an additional week of paid leave per year.
However, the entitlement to this additional leave must be expressly requested, otherwise it may lapse at the end of the year. Employees with equal status are not entitled to additional paid leave.
According to the law (section 208 of Book IX oft the German social code), employees with a severe disability are entitled to an additional week of paid leave per year.
However, the entitlement to this additional leave must be expressly requested, otherwise it may lapse at the end of the year. Employees with equal status are not entitled to additional paid leave.
Employees with severe disabilities have the right (section 207 of Book IX of the German social code) to be released from overtime work if they wish. If employers ask them to work more than 8 hours a day, they can refuse.
Employees with severe disabilities have the right (section 207 of Book IX of the German social code) to be released from overtime work if they wish. If employers ask them to work more than 8 hours a day, they can refuse.
Employees with a severe disability or equal status have the right to have their workplace, work organisation and working hours designed to suit their disability.
The aim for employees with a severe disability or equal status is to be able to pursue a job in which they can fully utilise and further develop their abilities and knowledge (section 164 of Book IX of the German social code).
Employees with a severe disability or equal status have the right to have their workplace, work organisation and working hours designed to suit their disability.
The aim for employees with a severe disability or equal status is to be able to pursue a job in which they can fully utilise and further develop their abilities and knowledge (section 164 of Book IX of the German social code).
If employers have at least 20 employees, they are legally required (Section 154 (1) of Book IX of the German Social Code) to allocate at least 5% of these to people with a severe disability or equal status.
If employers have 20-39 employees, they must allocate at least one position to people with a severe disability or equal status.
If they have 40-59 employees, there must be at least two positions.
If employers have at least 20 employees, they are legally required (Section 154 (1) of Book IX of the German Social Code) to allocate at least 5% of these to people with a severe disability or equal status.
If employers have 20-39 employees, they must allocate at least one position to people with a severe disability or equal status.
If they have 40-59 employees, there must be at least two positions.
If employers do not fulfil the employment obligation, they have to pay money to a certain office (usually the responsible inclusion office (Inklusionsamt), which is responsible for ensuring that people with severe disabilities can participate in working life. The amount of money depends on how many positions are not filled by people with severe disabilities. This money is then used to finance services to support people with severe disabilities at work.
If employers do not fulfil the employment obligation, they have to pay money to a certain office (usually the responsible inclusion office (Inklusionsamt), which is responsible for ensuring that people with severe disabilities can participate in working life. The amount of money depends on how many positions are not filled by people with severe disabilities. This money is then used to finance services to support people with severe disabilities at work.
Frequently asked questions (FAQ)
When employers wish to fill a vacancy, they must check whether people with severe disabilities are also eligible for it (Section 164 (1) IX Book of the German Social Code). To do this, they must talk to the Federal Employment Agency and also involve the representative body for severely disabled employees (Schwerbehindertenvertretung, or SBV) and the works council or staff council in the application process.
When employers wish to fill a vacancy, they must check whether people with severe disabilities are also eligible for it (Section 164 (1) IX Book of the German Social Code). To do this, they must talk to the Federal Employment Agency and also involve the representative body for severely disabled employees (Schwerbehindertenvertretung, or SBV) and the works council or staff council in the application process.
Yes, employers can get financial support if they want to hire people with severe disabilities or those with equal status. This support comes from the responsible inclusion office (Inklusionsamt). For example, there is the employment security allowance (Beschäftigungssicherungszuschuss) that offers employers financial help when the costs of hiring people with severe disabilities are higher than for people without severe disabilities.
Yes, employers can get financial support if they want to hire people with severe disabilities or those with equal status. This support comes from the responsible inclusion office (Inklusionsamt). For example, there is the employment security allowance (Beschäftigungssicherungszuschuss) that offers employers financial help when the costs of hiring people with severe disabilities are higher than for people without severe disabilities.
If a person with severe disability or equivalent status applies for a job and is rejected, the representative body for severely disabled employees (Schwerbehindertenvertretung, or SBV) or the works council or staff council can file an objection if employers have not fulfilled the employment obligation. In this case, employers must discuss the reasons for the rejection with the representative body for severely disabled employees or the works council or staff council and also hear the person concerned. Employers must notify all parties involved of the decision and explain why the person was not hired. Employers must not discriminate against people with severe disabilities or equivalent status because of their disability (Section 164 (1, 2) of Book IX of the German social code).
If a person with severe disability or equivalent status applies for a job and is rejected, the representative body for severely disabled employees (Schwerbehindertenvertretung, or SBV) or the works council or staff council can file an objection if employers have not fulfilled the employment obligation. In this case, employers must discuss the reasons for the rejection with the representative body for severely disabled employees or the works council or staff council and also hear the person concerned. Employers must notify all parties involved of the decision and explain why the person was not hired. Employers must not discriminate against people with severe disabilities or equivalent status because of their disability (Section 164 (1, 2) of Book IX of the German social code).
The compensatory levy is generally regulated and depends on how many positions are not filled by people with severe disabilities despite the obligation to employ them. The exact amount of the levy therefore varies. Further information can be obtained from the inclusion office (Inklusionsamt) responsible for your case.
The compensatory levy is generally regulated and depends on how many positions are not filled by people with severe disabilities despite the obligation to employ them. The exact amount of the levy therefore varies. Further information can be obtained from the inclusion office (Inklusionsamt) responsible for your case.
If you have any questions about severe disability or equal treatment, you can contact the central point of contact for employers (Einheitliche Ansprechstellen für Arbeitgeber). They will advise you if you wish to employ or have already employed people with disabilities.
If you have any questions about severe disability or equal treatment, you can contact the central point of contact for employers (Einheitliche Ansprechstellen für Arbeitgeber). They will advise you if you wish to employ or have already employed people with disabilities.