Hamburg Service Apply for approval to dismiss severely...Social Authority

Social Authority
Apply for approval to dismiss severely disabled people

If you wish to terminate the employment of a severely disabled person or person with an equivalent disability, you must apply for approval from the Integration Office before issuing the notice of termination.

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Application for approval of the intended dismissal of severely disabled people or people of equal status

Detailed description

Severely disabled people and people with equivalent status are subject to special protection against dismissal. If you want to dismiss a person who meets these criteria, you need the prior consent of the Integration Office. A dismissal issued without the prior consent of the Integration Office is invalid. A dismissal issued without the involvement of the representative for severely disabled people (if there is one in the company) is also invalid.

You need the approval of the Integration Office regardless of the reason for termination (personal, operational or behavioral). The special protection against termination also applies regardless of the size of your company. You need the approval of the Integration Office for all types of termination (ordinary, extraordinary, without notice, termination with change of terms).

Information

Important notes

Prerequisites

The person you wish to terminate has a recognized severe disability or equal status or has submitted an application for recognition of a severe disability or equal status.
You have a valid reason for termination.
The workplace of the person to be dismissed is in Hamburg.

Documents required

copy of the employment contract
Copy of the severely disabled person's ID card or the equal treatment certificate from the employment agency

The Integration Office may request further information and documents if necessary.

Please note

You do not need consent if the severely disabled person or person with equivalent status

terminates himself,
the employment relationship is terminated without notice (for example by a termination agreement or a fixed-term contract),
has been working for your company for less than 6 months,
has reached the age of 58 and is entitled to a severance payment or similar benefit under a social plan and the termination is not contested,
in the event of termination due to weather conditions, if the employer gives a binding promise of re-employment.

Deadlines

If you intend to terminate your employment for good cause, your application must be received by the Integration Office no later than two weeks after you have become aware of the reason for termination.

You must give notice of termination without delay (within 3 working days) after the approval of the Integration Office.

You must give notice of termination within one month of the approval of the Integration Office.

Procedure & Fees

Procedure

You can submit the application online or in writing.

If you would like to apply for consent online:

You access the online service.
You log in using the Business service account.
Your company data will be automatically transferred from the service account to the online application.
You enter all necessary termination data and upload necessary documents and evidence.
The Integration Office will examine your application.
The Integration Office will send you the decision on your application by post.

If you would like to request consent in writing:

You open the corresponding PDF form and fill it out completely.
You have the application signed by a person authorized to terminate the contract.
You send the application by email or post to the Integration Office.
The Integration Office will examine your application.
The Integration Office will send you the decision on your application by post.

Processing time

Processing an application for ordinary termination usually takes one month.

In the case of applications for extraordinary termination, the Integration Office will make the decision within two weeks of receipt of the application.

Fees

Legal notes

Legal remedies

contradiction

Legal basis

Downloads & Links

Address and contact information