Inadequate support: Court strengthens rights of severely disabled workers

Von Kl Redaktion

The professional integration of people with severe disabilities is a central topic that gains importance through the current decisions of courts. A new case law of the Freiburg labor court clearly shows that even during the trial period, employers are obliged to take prevention measures to support disadvantaged employees.

case law as a sign of inclusion

On June 4, 2024, the Freiburg Labor Court decided on a case by a severely disabled clerk who was employed by the city of Freiburg. Despite his high degree of disability (GdB 50), the employee was exposed to termination after only a few months. The court found that the city had failed to carry out a prevention procedure in accordance with Section 167 (1) SGB IX. This provision obliges employers to intervene in the event of difficulties in the employment relationship and to take the necessary adjustment measures to ensure integration.

Protection against dismissal in focus

Traditionally, employees have only limited protection against dismissal during their trial period. However, the new decision of the courts does something to expand this protected space. An essential aspect of the decision is that the Freiburg Labor Court points out that there is already a right to support and adjustments during the trial period. This is in accordance with the requirements of the European Court of Justice, which has clarified that people with disabilities are also entitled to adequate precautions during the early days of the employment relationship.

Contradictions in case law

The decision of the Freiburg Labor Court contradicts the previous practice of the Federal Labor Court, which found that no such measures were required during the waiting period. Similarly, the Cologne Labor Court followed a comparable approach by finding that the prerequisites for prevention proceedings during the trial period should not be neglected.

Effects on employer strategies

The latest judgments not only have legal implications, but also influence the practice of employers. The Association of Bergischer Entrepreneurial Associations e.V. pointed out that these decisions should request employers to rethink their hiring and termination strategies. The Federal Working Group also sees a progress towards a more inclusive labor market in Germany.

Reactions of the interest groups

The Verdi union assessed the judgment as a success in the struggle for the protection of severely disabled people in working life and emphasizes the need for such measures to avoid discrimination. In contrast, experts from the Grant Thornton lawyer's company warn of the challenges that could go hand in hand with the implementation of a prevention procedure during the waiting period.

Overall, it can be seen that the current decisions display an encouraging direction for the rights of people with severe disabilities in the German labor market. In the long term, you could help employers take your responsibility seriously and also support the integration of severely disabled employees in the trial period.