Terminating employees with severe disabilities

As an employer, you must apply in writing or electronically to the relevant Inclusion and Integration Office for approval of the intended dismissal.

If you apply electronically, you must send the data to the Inclusion and Integration Office in encrypted form for data protection reasons. Please use the online forms on the KVJS website. The application must explain the reason for the cancellation in detail, in particular the connection between the disability and the cancellation.

The Inclusion and Integration Office determines the facts of the case and hears the person with a severe disability. It obtains the opinions of the works or staff council or the employee representative body and the representative body for severely disabled employees. If necessary, the Inclusion and Integration Office will also involve its technical advisory service, the occupational physician or specialists from the occupational support service. A dismissal issued by the employer without the involvement of the representative body for severely disabled employees is invalid.

The Inclusion and Integration Office must provide comprehensive and exhaustive information. For example, it can also hear witnesses.

The Inclusion and Integration Office examines the reasons for dismissal presented by the employer and initially looks for a solution to maintain the employment relationship. This may be possible, for example, by

• a disability-friendly reorganisation of the previous workplace or
• Transfer to another disability-friendly workplace.

The Inclusion and Integration Office will endeavour to reach an amicable agreement at every stage of the proceedings. It can fulfil this task well in an oral hearing with all parties involved.