Early Interventionist Salaries

special employment protection for disabled people: How long is he to argue?

in severely disabled workers, the employer for an effective dismissal - to obtain the approval of the Integration Office (§ 85 SGB IX) - in addition to the labor conditions which must be present for granted. The consent is only required if some less intrusive in § 90 SGB IX listed exceptions (eg the employment relationship is not yet in receipt of the termination of 6 months or dismissal due to inclement weather, when the re-employment is guaranteed, etc.). If a notice is given without the necessary consent, it is acc. § § 85 SGB IX in conjunction with § 134 BGB void.

but Until when can a seriously disabled workers rely on the special protection against dismissal?

According to § 4, sentence 1 Employment Protection Act, every worker who wants to defend against dismissal because they are ineffective socially unjustified or for other reasons, this claim in an action before the Labour Court . The action, he must, within 3 weeks of charge after receiving the written notice, the Federal Labour Court in its decision of 23.02.2010 -. 2 AZR 659/08 - reiterates that an employee in front of the employer within a reasonable period of 3 weeks after receipt of notice relied on already established or to establish whether requested Disabilities property must be (whether the employer prior to termination knew anything of the severely handicapped status of the employee, it comes not) to the special protection against dismissal of the § 85 SGB IX to obtain. Should the employee the appropriate notice, he has his right to invoke the special protection against dismissal forfeited. In the said decision, the BAG has been detected also, it is sufficient if the employee within the limitation period of § 4, sentence 1 Kündigungsschutzgesetz convene for the first time on the special protection against dismissal. Then it would not Verwirkungung. This application must be delivered to the employer and at that time, the notice period of 3 weeks compared to the employer already expired. But that is not according to the bag now crucial. It is sufficient to invoke in his time and possibly further action brought within the time limit written submissions to the Labour Court on the special protection against dismissal. Because the employer has to expect that the employee sets out in the application period, all invalid reasons including the lack of consent is part of the integration office. (Copyright ago)