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BAG: Operational termination of the severely disabled possible

severely disabled people enjoy special protection against dismissal. An operation will be restructured, the employer must provide, but forced a suitable job. The decision of the Federal labour court.

workers with a severe disability is not an absolute guarantee of Employment. The previous job is eliminated due to a restructuring, the employer must provide no new body for severely disabled employees, ruled the Federal labour court (BAG).

Whether the legal entitlement to Employment of severely disabled attack, made the judges dependent on whether there is a suitable employment opportunity to another-free workplace for the employer. In this specific case, they denied the.


Complaints were a severely disabled man, of the auxiliary work in a metal manufacturing operation in North Rhine had had run-Westphalia. When the company became insolvent, it was agreed with the works Council a reconciliation of interests. This Work should be reallocated and the work of the plaintiff disappear. Amount of work to help end should now take over other colleagues.

The terminated plaintiff said that he was as severely disabled Employment. According to the law, employers should be able to have the skills and knowledge of severely disabled people and develop the exploit. They were also obliged, in the places of work of disability justice. The employer had failed to comply with.

The BAG ruled, that the termination is lawful. Although there is according to the law, an entitlement to Employment for severely disabled workers. This only applies in cases where continued employment is a possibility. Here, the job was eliminated due to a restructuring. The employer is not obliged "to provide for the plaintiff a job or not get the you needed according to your organization concept", the BAG ruled.

(AZ: 6 AZR 329/18)

hard to be more qualified, longer without a Job, 19.11.2014 Atlas |Germany |Erfurt

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