Severely handicapped law

Definition of severely handicapped law

The severely handicapped right has been regulated in the Social Security Code I (SGB IX) since 2001. According to Section 2, Paragraph 1 of Book IX of the Social Code, people are disabled if their physical function, mental abilities or mental health are more than likely to deviate from the typical state for their age for more than 6 months and their participation in society is therefore impaired. Regulations for the protection of the severely disabled and persons of equal status (Section 2 (3) SGB IX) include:

Employers' obligation to employ severely disabled people

The employer's obligation to employ severely disabled people, which exists for employers with at least 20 jobs. From 01/2003 they have to fill at least 6 % of the jobs with severely handicapped persons (§ 71 SGB IX), if the number of unemployed severely handicapped persons in 10/2002 was not at least 25 % less than in 10/1999.

Countervailing charge

A compensation levy that has to be paid by the employer for every unoccupied compulsory job in accordance with Section 72 SGB IX. It amounts to per month and unoccupied compulsory job:

  • 105 € with an employment rate between 3 % and 5 %
  • 180 € with an employment rate between 2 % and below 3 %
  • € 260 if the employment rate is below 2 %.

Termination of the severely disabled

A termination of severely disabled persons or their equals requires the approval of the integration office according to § 85 SGB IX. The notice period is at least 4 weeks (§ 86 SGB IX).

The employer applies in writing to the relevant integration office for approval of the termination. This obtains a statement from the responsible employment agency, the works council and the representative body for the severely disabled and hears the severely disabled person. The integration office works towards an amicable agreement (§ 87 SGB IX).

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