Company integration management
Company integration management as an obligation for employers
Since 1 May 2004, the amendment to the Ninth Social Code (SGB IX) has introduced a labour law provision that requires all employers to implement company integration management to avoid redundancies. Although the regulation can be found in the Ninth Social Code (SGB IX), which primarily regulates the rehabilitation and participation of people with disabilities, Section 84 (2) SGB IX must be observed in all employment relationships.
§ Section 84 para. 2 SGB IX:
If employees are unfit for work for more than six weeks without interruption or repeatedly within one year, the employer shall clarify with the responsible representative body within the meaning of Section 93, and in the case of severely disabled persons also with the representative body for severely disabled persons, with the consent and participation of the person concerned, the possibilities of how the incapacity for work can be overcome as far as possible and with which services or assistance renewed incapacity for work can be prevented and the job can be maintained (company integration management).
The employer must intervene with every employee after just six weeks of incapacity for work or after repeated illnesses, regardless of whether a disability already exists, is known or not. The background to this is that an impending disability or chronic illness should be recognised in good time.
If the employer disregards the prevention obligation under Section 84, this constitutes a breach of applicable law that must be taken into account in the event of dismissal by the employer. A dismissal due to illness can thus be effectively countered in the dismissal protection process with the objection that no attempt was made to reintegrate the employee into the workplace. The consequence would probably be an invalid dismissal.
