🛡️ Protection against dismissal for severely disabled people

Before any dismissal by the employer, the Integrationsamt must give its consent. How the procedure works, and what it means for your own deadline to sue.

protection against dismissal § 168 SGB IX Integrationsamt (integration office) consent representative body for severely disabled employees (Schwerbehindertenvertretung) action against dismissal (Action against dismissal) § 4 KSchG waiting period

In brief

If an employer wants to dismiss a severely disabled person or a person with equivalence status, it first needs the consent of the Integrationsamt (§ 168 SGB IX) – regardless of whether the dismissal is to be with notice or without notice. A dismissal without this consent is invalid. The special protection against dismissal, however, only applies if the employment relationship had already lasted at least 6 months at the time of dismissal (waiting period, § 173 SGB IX).

The consent procedure at the Integrationsamt runs in parallel and in addition to your right to bring an action against the dismissal at the labour court yourself within 3 weeks of receiving the dismissal (§ 4 KSchG) – one does not replace the other.

Step by step

Employer applies to the IntegrationsamtBefore giving notice of dismissal, the employer must apply in writing for consent.
Integrationsamt hears the partiesThe office hears you in person as well as the works council or staff council and the Schwerbehindertenvertretung.
Decision of the IntegrationsamtFor a dismissal with notice the office generally decides within one month; for a dismissal without notice the employer must submit the application within 2 weeks of learning the grounds for dismissal.
Dismissal is givenOnly once consent has been granted may the employer actually give notice of dismissal.
Keep your own deadline to sueRegardless of the consent procedure, you must bring an action against the dismissal yourself within 3 weeks of receiving it if you want to contest it.

Deadlines

6 months

Waiting period: the special protection against dismissal only applies once the employment relationship has lasted at least 6 months§ 173 Abs. 1 Nr. 1 SGB IX

1 month

Standard period within which the Integrationsamt decides on the application for consent to a dismissal with notice§ 171 Abs. 3 SGB IX

2 weeks

Deadline for the employer to apply for consent to a dismissal without notice, from learning the grounds for dismissal§ 174 Abs. 2 SGB IX

3 weeks

Deadline for the action against dismissal before the labour court, from receipt of the dismissal – independent of the consent procedure§ 4 KSchG

Watch out – common mistakes

A dismissal given without the Integrationsamt's prior consent is invalid – check this first for every dismissal.
The consent procedure at the Integrationsamt does not replace your own 3-week deadline to sue at the labour court under § 4 KSchG – anyone who only waits for the Integrationsamt and misses the deadline to sue risks the dismissal becoming effective after all.
The special protection against dismissal does not apply automatically from GdB 50 but additionally requires the 6-month waiting period of the employment relationship.
If the employer did not know about the severe disability when giving notice of dismissal, the person concerned can, under certain conditions, only invoke it afterwards within a narrow time frame – if in doubt, disclose the severe disability as early as possible.

In depth · legal basis, figures and practice – for advisers and professionals

Requirement of consent, § 168 SGB IX

Dismissal of a severely disabled person's employment relationship by the employer requires the prior consent of the Integrationsamt. This applies equally to dismissals with and without notice and regardless of the reason for dismissal.

Procedure

The Integrationsamt hears the person concerned as well as the Schwerbehindertenvertretung and the works or staff council (§ 170 SGB IX). It decides on a dismissal with notice within one month of receiving the application, provided it has all the necessary information (§ 171 Abs. 3 SGB IX); if it does not decide in time, consent is deemed granted. For a dismissal without notice, the employer must submit the application within 2 weeks of learning the relevant facts (§ 174 Abs. 2 SGB IX); the office then makes its decision within 2 weeks.

Waiting period and exceptions, § 173 SGB IX

The special protection against dismissal does not apply if the employment relationship had not yet lasted 6 months at the time of dismissal. Further exceptions and special rules exist, among others, for dismissals on the occasion of a business closure and for fixed-term employment relationships that end by expiry of the term.

Relationship to general protection against dismissal

The consent procedure at the Integrationsamt is a separate, additional protective procedure. It stands alongside general protection against dismissal under the Kündigungsschutzgesetz (KSchG); the 3-week deadline to sue under § 4 KSchG runs independently of it from receipt of the dismissal.

Who is responsible

Integrationsamt (consent procedure)
Labour court (action against dismissal)

Quick questions

Worum geht es bei „Protection against dismissal for severely disabled people“?

Before any dismissal by the employer, the Integrationsamt must give its consent. How the procedure works, and what it means for your own deadline to sue.

Which deadlines and figures matter?

6 months: Waiting period: the special protection against dismissal only applies once the employment relationship has lasted at least 6 months (§ 173 Abs. 1 Nr. 1 SGB IX)
1 month: Standard period within which the Integrationsamt decides on the application for consent to a dismissal with notice (§ 171 Abs. 3 SGB IX)
2 weeks: Deadline for the employer to apply for consent to a dismissal without notice, from learning the grounds for dismissal (§ 174 Abs. 2 SGB IX)
3 weeks: Deadline for the action against dismissal before the labour court, from receipt of the dismissal – independent of the consent procedure (§ 4 KSchG)

What should I do first?

Employer applies to the Integrationsamt: Before giving notice of dismissal, the employer must apply in writing for consent.
Integrationsamt hears the parties: The office hears you in person as well as the works council or staff council and the Schwerbehindertenvertretung.
Decision of the Integrationsamt: For a dismissal with notice the office generally decides within one month; for a dismissal without notice the employer must submit the application within 2 weeks of learning the grounds for dismissal.

What do I need to watch out for?

A dismissal given without the Integrationsamt's prior consent is invalid – check this first for every dismissal.
The consent procedure at the Integrationsamt does not replace your own 3-week deadline to sue at the labour court under § 4 KSchG – anyone who only waits for the Integrationsamt and misses the deadline to sue risks the dismissal becoming effective after all.
The special protection against dismissal does not apply automatically from GdB 50 but additionally requires the 6-month waiting period of the employment relationship.

Evidence

§§ 168, 170, 171, 173, 174 SGB IX (gesetze-im-internet.de)
§ 4 KSchG (gesetze-im-internet.de)

As of

As of September 2026. · Sources and method

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