Representation for the Severely Disabled

Monitoring (Section 95 (1) (1) SBG IX)

It must ensure that the laws, regulations, collective agreements, service agreements and administrative orders applicable in favour of severely disabled people are implemented, and in particular that the employer fulfils the obligations incumbent on it under Sections 71, 72 and 81 to 84 SGB IX.

Precautionary measures (Section 95 para. 1 no. 2 SGB IX)

It must apply to the competent authorities, such as the integration office, labour office and social insurance institutions, etc., for measures that benefit severely disabled people, in particular preventive measures.

Mediation (§ 95 Para. 1 No. 3 SGB IX)

Receiving suggestions and complaints from severely disabled people and, if they appear justified, working towards a resolution by negotiating with the employer and informing the severely disabled person about the status and outcome of the negotiations.

Support (§ 95 Para. 1 SGB IX)

Assistance with employee applications, for example to the pension office for the determination of a disability, its degree and a severe disability, as well as applications for equalisation with the employment office.

Consultation (§ 95 Para. 4 SGB IX)

It has the right to attend all meetings of the Staff Council and its committees as well as the health and safety committee in an advisory capacity. It can request that matters that particularly affect individuals or severely disabled people as a group be placed on the agenda of the Staff Council meeting.

Notes on the definition of "disability - severe disability - equality"

According to the wording of Section 2 (1) SGB IX, people are disabled if their physical function, mental ability or mental health is likely to deviate from the typical condition for their age for more than six months and their participation in society is therefore impaired. They are at risk of disability if the impairment is to be expected.

People areseverely disabled within the meaning of Part 2 of SGB IX (Severely Disabled Persons Act) in accordance with Section 2 Para. 2 if they have a degree of disability of at least 50 and are legally resident, ordinarily resident or employed in a workplace within the meaning of Section 73 within the scope of SGB IX. The existence of a disability and the degree of disability are determined by the pension offices. The degree of disability is determined in degrees of ten between 20 and 100.

In accordance with Section 2 (3), disabled persons with a degree of disability of less than 50, but at least 30, who fulfil the other requirements of (2) are to be treated as equivalent to severely disabled persons if, as a result of their disability, they would not be able to obtain or retain a suitable job within the meaning of Section 73 without the track position (equivalent disabled persons). The application for equal status must be submitted to the relevant employment office, which will also issue the decision.