People are disabled if they have physical, mental or sensory impairments for a long period of time and their participation in society may be restricted due to interactions with unfavorable personal and environmental factors.

The severity of a disability is expressed by the degree of disability (GdB) in degrees of ten from 20 to 100. A severe disability is present with a GdB of 50 or higher.

People with a severe disability can apply for a severely disabled person's pass, which entitles them to special rights and compensation for disadvantages.

People with a GdB of 30 or 40 can, under certain conditions, be treated in the same way as people with severe disabilities (SGB IX § 2). Special legal provisions, such as special protection against dismissal, also apply to employees with equivalent status.

Severely disabled employees and employees with equivalent status enjoy special legal protection.

Additional leave

You are entitled to additional paid leave of one working week. The actual amount of additional leave depends on the regular working hours per week. Employees with a disability or equivalent with a degree of disability of less than 50 are not entitled to additional leave.

Disability-friendly employment

For example, the furnishing and maintenance of workplaces and the design of workplaces, the working environment, work organization and working hours with special consideration of the disability and its effects on employment.

No discrimination against severely disabled employees

Employers may not discriminate against severely disabled employees because of their disability (Section 164 (2) SGB IX). The specific provisions that apply are set out in the General Equal Treatment Act (AGG). The law prohibits discrimination on the grounds of disability.

Representatives in companies / offices

The representative body for severely disabled employees is the elected representative body for severely disabled and equivalent employees (§§ 177-180 SGB IX). In SGB IX, the term "representative" is also used for their personal legal relationships. In companies and offices in which at least 5 severely disabled people are employed on a more than temporary basis, at least one deputy member must be elected in addition to the representative for severely disabled employees (Section 177 (1) SGB IX).

Prevention

If difficulties arise in the employment relationship of a severely disabled person, the aim is to take suitable measures to eliminate or alleviate them or at least prevent them from getting worse. This is provided for in the regulation introduced in SGB IX (Section 167 (1)). Employers are then obliged to take action and apply a so-called prevention procedure. The obligation to implement workplace integration management (Section 167 (2)) is also embedded in workplace health promotion and prevention.

Special protection against dismissal

Employers must submit a written or electronic application for approval of the dismissal to the responsible integration/inclusion office before dismissing a severely disabled or equivalent employee. A dismissal declared without the approval of the Integration/Inclusion Office is invalid. It cannot be obtained retrospectively.

In addition to the works council or staff council, the representative body for severely disabled employees must also be fully informed and consulted on the dismissal before the dismissal is announced (SGB IX § 178 Para. 2).