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Family and work (3/11/2021)

For more family friendliness in Saxony

Home Inclusion For employers

Questions and answers

The person concerned does not have to inform the employer of his serious disability. If, however, a termination occurs, he must do so within three weeks of receipt of the letter of termination. Otherwise the special protection lapses.
What is important, however, is that according to the new case law of the Federal Labour Court, the employer may not ask for a severe disability during the job interview. But if the employment relationship exists six months he may ask. If you then do not answer correctly, you can no longer invoke the special protection against dismissal at a later date.

- Are severely disabled people entitled to more holidays?
Severely disabled persons are entitled to five additional days of holiday or rest per year. Of course, this only applies if the employer is aware of the disability. This is based on a 5-day week.

For public and private employers with at least 20 jobs, the following applies: They must employ severely disabled people in at least 5% of the workplaces (§71 Paragraph 1 SGB IX).

An employer must obtain the consent of the Integration Office (formerly the Main Welfare Office) before dismissing a disabled person. The office can, for example, finance the adaptation of the workplace to the needs of the disabled or the provision of work assistance in whole or in part. In this way, dismissal can be averted. For example, the office can pay for a lifting aid if a diabetic can no longer lift heavy weights.

Only severely disabled people can retire before their 63rd birthday. Those who were born in 1953 can already receive the "severely disabled pension" at the age of 60 and seven months - but have to accept a pension reduction of 10.8 percent. At the age of 63 and seven months, the pension is then paid without deductions.

It would be discriminatory to ask an applicant for a job for a disability. In addition, the prohibition of the question is intended to prevent discrimination. However, if a person with a disability is unable to carry out the work because of this, the conclusion of an employment contract is a kind of deception. Since, however, a recognised disabled person is entitled to special protection, e.g. in the event of dismissal, the question of a serious disability may be raised after 6 months with the company.

Checklist

Document

Request for reimbursement of contribution expenses for disabled persons

Form for people with disabilities for reimbursement of social security contributions

Open Document

Bundesagentur für Arbeit - www.arbeitsagentur.de

Disabled people in the company - Brochure

Information for employers who want to train, hire and employ severely disabled people.

Open Document

Bundesagentur für Arbeit - www.arbeitsagentur.de

Helpful Links

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Employment Agency - Promotion of people with disabilities

Do you want to use the strengths and abilities of people with disabilities to drive your business forward? We offer you individual support.

To the webiste

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Corporate network INCLUSION

Advice on all aspects of inclusion in your company.

To the webiste

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Specialist integration services in Saxony

Here you will find the integration service responsible for you for individual support, accompaniment and care of severely disabled people and their employers in working life.

To the webiste

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