For employers
In today's world of work and in times of a shortage of skilled workers, it is important to recognise the value of a company. This also means that as an employer you accept people with disabilities into potential applicant circles. People with severe disabilities are also often well trained. However, they have particularly developed strengths that compensate for their weaknesses. They should rely on these strengths.
Solutions as to how work in a company with a disabled person can be rearranged can be found quickly in most cases. Job centres and integration offices, for example, offer advice and support for employers, also with regard to funding opportunities. Changes with regard to accessibility in your company can be initiated.
Specialists in the field of inclusion are at your disposal for advice on the employment of people with disabilities and also for personnel placement. In addition, there is numerous support in the form of associations, clubs and counselling centres. As an employer, don't just think of the legal obligations for the employment of people with disabilities. See the opportunities that come with this!
Questions and answers
Are severely disabled people entitled to more holidays?
- 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.
Does protection against dismissal apply to severely disabled persons?
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.
Is there an employment obligation?
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).
May the employer ask an applicant about a disability?
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.
Are there pension advantages for severely disabled people?
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.
Does the special protection against dismissal also apply to secretly disabled persons?
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.
Checklist
Document
Disabled people in the company - Brochure
Information for employers who want to train, hire and employ severely disabled people.
Bundesagentur für Arbeit - www.arbeitsagentur.de
Request for reimbursement of contribution expenses for disabled persons
Form for people with disabilities for reimbursement of social security contributions
Bundesagentur für Arbeit - www.arbeitsagentur.de
Helpful Links
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.
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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.
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Corporate network INCLUSION
Advice on all aspects of inclusion in your company.
Addresses
SMWA - Sächsisches Ministerium für Wirtschaft, Arbeit und Verkehr
Wilhelm-Buck-Str. 2
01097 Dresden
Kommunaler Sozialverband Sachsen (KSV)
Humboldtstraße 18
04105 Leipzig
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Unternehmens-Netzwerk INKLUSION Niederlassung Dresden
+49 351 4737196
sachsen@unternehmens-netzwerk-inklusion.de
Support Dresden - Ostsachsen
Herzberger Straße 24 - 26
01239 Dresden