In the case of personal, behavioural or business-related difficulties in the employment relationship of severely disabled or equated employees, e.g. in the event of prolonged illness, violations of work discipline, or other behaviour that may lead to a disciplinary warning, staff reduction etc. the Representative of the Disabled must promptly and comprehensively be informed by the employer in order to initiate appropriate measures to prevent a dismissal.
Insofar as the employer's intention to dismiss staff is not to be averted, a special protection for disabled / equated employees against dismissal generally applies. Exceptions to the special protection against dismissal are regulated by Article 173 SGB IX.

Irrespective of the special protection against dismissal, general protection against dismissal applies to all employees. Protection against dismissal for all employees shall apply on the basis of:
• Civil Code (Bürgerliches Gesetzbuch - BGB) Articles 621 et seq.
• Employment Protection Act (Kündigungsschutzgesetz - KSchG)
• Framework Collective Agreement for Federal States (Tarifvertrag für den öffentlichen Dienst der Länder - TV-L)
• Saxon Employee Representation Act (Personalvertretungsgesetz - (SächsPersVG)

Special protection against dismissal (Articles 85 et seq. SGB IX in conjunction with Article 2 SGB IX)
Essential content of the special protection against dismissal

• If the employer wishes to dismiss an employee with a severe disability, i.e. terminate his / her employment by unilateral notice by the employer, he / she has to obtain the approval of the responsible Integration Office (Integrationsamt) before notice of termination.
• Both the disabled employee and the employer concerned may direct an appeal to this notice within a period of one month to the Committee of Appeal of the Integration Office.
• The decision of the Committee of Appeal may be challenged within one month before the administrative court. Appeal and legal challenge do not have a suspensive effect.
• Without prior consent of the Integration Office, the notice of termination by the employer is inadmissible and therefore not effective.
• A retroactive approval by the Integration Office is not permitted by law.
  Notice: The determination of inadmissibility / ineffectiveness of dismissal is made by the Labour Court on the basis of a corresponding application.

Further regulations regarding the special protection against dismissal

Further regulations regarding the special protection against dismissalFurther regulations regarding the special protection against dismissalFurther regulations regarding the special protection against dismissalFurther regulations regarding the special protection against dismissal

• Dismissals due to weather conditions are regulated by Article 173 (2) SGB IX.
• Extraordinary dismissals are regulated by Article 174 SGB IX.
• Dismissals following a strike are regulated by Article 174 (6) SGB IX.
• Extended protection against dismissal in the event of occupational disability or temporary invalidity is regulated by Article 175 SGB IX.