Occupational protection

The so-called occupational protection is a term from the law of the German statutory pension insurance . Only those who enjoy occupational protection could receive a disability pension according to the old law, which was valid until December 31, 2000 or - if they were born before January 2, 1961 - a pension for partial disability in the event of occupational disability.

Here, a main occupation must first be determined, for which only activities that are subject to insurance are to be used. The most recent permanent activity subject to compulsory insurance is decisive. It must be an activity for which a mandatory training has been successfully completed. In addition to this formal training, there is also the opportunity in working life to acquire theoretical and practical knowledge through corresponding (full) activities. Then these activities must actually have been carried out and a corresponding tariff classification has been made. The occupational protection is granted in different levels, from the master / skilled worker to the semi-skilled, or from the academic to the higher employee to the semi-skilled; Unskilled workers have no professional protection (so-called 4-level scheme of the Federal Social Court). An insured person who can no longer work for health reasons may only be referred to activities of the lower level.

Loss of occupational protection occurs through voluntary removal from the previous occupation. This is the case if the insured person has voluntarily turned to another (also) less valuable job in the long term. If, however, health reasons were decisive, there is no loss of professional protection. If a job has been lost, it depends on whether the insured person has come to terms with it or tried to return to the old job (e.g. through applications). The longer it has been since the previous job, the more likely the solution and the loss of occupational protection.