{"product_id":"dismissal-on-grounds-of-sickness-in-germany-von-markus-biedermann","title":"Dismissal on Grounds of Sickness in Germany","description":"\u003cp\u003eSeminar paper from the year 2015 in the subject Business economics - Business Management, Corporate Governance, grade: 1,3, University of Applied Sciences Frankfurt am Main, language: English, abstract: Dismissal on grounds of sickness in Germany is a subpart of the dismissal on grounds of personal capability. \u003c\/p\u003e\u003cp\u003eGenerally any illness is not a reasonable condition to dismiss an employee. \u003c\/p\u003e\u003cp\u003eHowever continuous sickleaves or a long lasting illness causes high costs for a company. A specific juridical definition of such a dismissal is not stated in the German law. To address this issue, the law in Germany sets certain frame conditions with a specific testing scheme in three stages for it. During this process, certain circumstances have to be proven in order to legally dismiss an employee.\u003c\/p\u003e\u003cp\u003e\u003c\/p\u003e\u003cp\u003eFour different typical types of dismissal on grounds of sickness exist in the German law, which are divided in long-lasting sickness, permanent incapacity for work, reduced performance and frequent short-term sickleaves of the employee. All of those can lead to a dismissal. The obligatory three-stage testing scheme needs to prove a negative forecast of the health of the employee, a severe harm to the company through the sickness and the company has to balance the interests of the company and the employee. \u003c\/p\u003e\u003cp\u003eAlong with that, the application of a reintegration management after sickness has to be applied.\u003c\/p\u003e\u003cp\u003eWithin this process the appropriate participation of the works council according to law and the law of equality has to be respected.\u003c\/p\u003e\u003cp\u003e\u003c\/p\u003e\u003cp\u003eThe major burden of proof remains in the whole process on the employer, however the highest risk stays with the employee. As there is no prescribed timeline, a long-lasting law process can harm an employee even more as he has to suffer not only from his illness but also from the financial pressure.\u003c\/p\u003e\u003cdiv class=\"aw-variant-hidden-subtitle-div\" id=\"aw-variant-subtitle-9783656925101\"\u003e\u003ch3\u003e\u003c\/h3\u003e\u003c\/div\u003e","brand":"Libri","offers":[{"title":"Softcover - 9783656925101","offer_id":39438833778781,"sku":"9783656925101","price":18.95,"currency_code":"EUR","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0940\/0622\/files\/e0386998-8200-48cc-a5a9-dfae5f300d36.jpg?v=1778216984","url":"https:\/\/shop.autorenwelt.de\/products\/dismissal-on-grounds-of-sickness-in-germany-von-markus-biedermann","provider":"Autorenwelt Shop","version":"1.0","type":"link"}