Special protection against dismissal for severely disabled humans

(openPR) - the Federal Labor Court has v. 01 with judgement. March 2007 - 2 AZR 217/06 - on the special protection against dismissal of a severely disabled employee decided.

The notice of the employer-employee relationship of severely disabled humans is fundamental is ineffective after § 85 SGB IX, if it takes place without agreement of the office for integration.

By the agreement requirement to be seized however only notices opposite such employees, which are recognized as severely disabled ones already during entrance of the notice or which at least three weeks before the entrance of the notice placed request for acknowledgment (§ 90 exp. 2a SGB IX). Same applies to employees, which are on an equal footing severely disabled humans. Also they are excluded from the special protection against dismissal, if they placed the equalization request to not at least three weeks before the notice.

This decided the Federal Labor Court am01.03.07 and terminated thus one since longer existing controversy over the interpretation § 90 exp. of the 2a SGB IX. The regulation had been inserted in the law, in order to meet an abusive aggravation from notices to.

>>> more to it in the press release No. 17/07 of the BAG >>>
juris.bundesarbeitsgericht.de/cgi-bin/rechtsprechung/document.pyGericht=bag&Art=pm&Datum=2007&nr=11588&pos=1&anz=18

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