Advice on special protection against dismissal for employers

Are you an employer and would like to dismiss a severely disabled person or a person with an equivalent status? Are you wondering how to proceed with the application for consent to dismissal and what you need to bear in mind?

Here you will find information about the dismissal protection procedure. If you have any further questions, the staff from the dismissal protection team at the LVR Inclusion Office will be happy to advise you.

Special protection against dismissal applies to severely disabled persons and persons with equivalent status. This means that the company must obtain the approval of the LVR Inclusion Office before terminating an employment relationship. Without this approval, the dismissal is invalid in the case of disability and can be annulled by the labor court.

The applications for approval of the dismissal and termination of the employment relationship required to initiate the proceedings can be found here .

Individual protection against dismissal begins three weeks after an application for recognition of a severe disability has been submitted to the competent authority under state law (formerly pension offices) or equalization by the employment agency. The special protection against dismissal under SGB IX is independent of the number of employees in the company and therefore also applies to employment relationships in which the Dismissal Protection Act does not apply.

In dismissal protection proceedings, the facts of the case are comprehensively clarified. In the event of extraordinary dismissal, insolvency or closure of the company, the LVR Inclusion Office investigates the facts of the case; in the event of ordinary dismissal, this is done by the regionally responsible local office for people with disabilities in working life. The person with a disability is consulted and the opinions of the works council or staff council and the representative body for severely disabled employees are obtained. If necessary, additional specialists (e.g. IFD) are consulted.

The aim of the dismissal protection procedure is to reach an amicable agreement and to exhaust all options for retaining the job. Accompanying assistance offers tried and tested means to achieve this, such as advice, IFD vocational support, job coaching, disability-friendly workplace equipment or financial compensation for disadvantages.

The LVR Inclusion Office makes a decision in the form of an official decision based on the investigation of the facts. The party affected (employee, employer) can lodge an appeal against this decision.

There are some exceptions, for example

• in the case of an amicable termination agreement,
• in the event of dismissal on the part of the severely disabled person,
• at the end of a fixed-term employment relationship.

During the first six months of the employment relationship, termination is not subject to approval. The LVR Inclusion Office must be notified of a termination without formalities within four days of the notice of termination being given.

You can find out more about special protection against dismissal here.