One-Week Notice Trap: German Court Ruling Tightens Dismissal Rules for Disabled Workers
12.06.2026 - 00:05:27 | boerse-global.de
Employers in Germany who plan to fire an employee with a severe disability must give the company’s representative body for disabled workers a full seven days to respond — or the termination is automatically void. The Bundesarbeitsgericht (BAG, Germany’s highest labor court) made that clear in a ruling published under case number 2 AZR 128/25.
Simply stamping the notification as “received” does not count. The employer must actively allow the Schwerbehindertenvertretung (SBV) to take a position. Only if the SBV explicitly states its final opinion before the week is up may the employer act sooner. For extraordinary (immediate) dismissals, the waiting period shortens to three days. Critically, the obligation to involve the SBV applies from an employee’s very first day at work — special protection under Book IX of the Social Code (SGB IX) kicks in immediately, even during probation.
That makes even small procedural slip-ups fatal. Any employer who skips or shortens the consultation period risks having the dismissal declared invalid in court. And getting to court is a tight race: an employee who believes a termination is unlawful must file a dismissal protection lawsuit within three weeks of receiving the notice.
Beyond dismissal, workers with a recognized severe disability (GdB of 50 or more) enjoy several benefits. They receive five extra vacation days per year. Tax-wise, the disability pass can unlock a lump-sum allowance of up to 7,400 euros, depending on the severity markers. Rebates on the broadcasting fee (Rundfunkbeitrag) and vehicle tax also apply.
A permanent disability certificate is not set in stone. The Versorgungsamt (pension office) can later lower the degree of disability — but only if it proves the employee’s health has noticeably improved. The burden of proof rests with the state. In June 2025, the Landessozialgericht Berlin-Brandenburg ruled that a stable condition does not count as an improvement. A reduction is unjustified in such a case. Anyone who receives a negative decision has one month to lodge an objection, and that objection automatically suspends the effect of the downgrade until a final ruling.
If a dismissal does proceed, the disability still matters. Social selection criteria — age, tenure, and dependents — are supplemented by the handicap. Severance payments under social plans must also account for the employee’s disability status.
For retirement planning, a specific pension exists for severely disabled people. Applicants need a GdB of at least 50 at the time the pension starts. Experts recommend claiming a small partial pension starting at age 62 to lock in this pension type permanently — even if the temporary disability certificate later expires. As of 2023, all earnings caps for this form of pension have been abolished, meaning recipients can earn any amount without penalty.
