Operational integration management
The operational integration management ( BEM ) is a task of the employer with the aim of overcoming the incapacity of the employees of a company or a department as far as possible, preventing renewed incapacity for work and preserving the job of the employee concerned in individual cases. In a broader sense, it is about company health management (OHM) to protect the health of the workforce. The legal basis is (2), Ninth Book of the Social Code (SGB IX).
Start of the procedure
According toParagraph 2 of Book IX of the Social Code, the employer is obliged to provide a BEM if an employee has been unable to work continuously or repeatedly for more than six weeks in the past twelve months. In order to determine the group of people concerned, monthly evaluations of the sick leave of employees are collected by the responsible HR department. In the event of repeated incapacity to work, the condition for initiating the BEM procedure can be met after a total of more than 30 days of absence (sick days) or 42 calendar days within the past twelve months.
The employees concerned are invited in writing. This invitation means that the process is subject to the employee's free will . A feedback sheet is usually attached to the cover letter, in which you can tick whether this offer will be accepted or not. The employee can also state which participants he would like to have present at the initial meeting.
If the offer is rejected by the employee, the procedure would be completed at this point. The employer would then have the opportunity to check whether further measures outside of the BEM (e.g. of a labor law nature) need to be taken.
The works council can demand that the employer name the employees who, according to(2) SGB IX, meet the requirements for the implementation of the company integration management. The employer must inform the works council of these names even if the employees concerned have not consented to the works council's participation.
Exact roles for carrying out the procedure are not specified in SGB IX. However, it has been shown, especially in larger local governments, that a differentiated assignment of roles is advantageous. The following possible roles are conceivable:
The BEM officer implements the procedure and centrally monitors the implementation of the BEM on site. He is responsible for collecting the data, for drawing up the rules and questionnaires and is the contact person for those responsible for BEM who conduct the conversation with the employees concerned. It evaluates the individual procedures and writes reports on the status of the overall procedure for the management.
BEM person responsible
The BEM manager is responsible for carrying out the procedure. He invites you to initial and follow-up interviews and conducts these interviews either with those affected alone or, if desired, in a larger group with other participants. He concludes target agreements with the employees and monitors compliance with the agreed measures. He is subject to confidentiality and controls the individual case from the first contact to completion. This role is a prominent management position that supports and relieves direct superiors.
Other parties involved can be the works council or the staff council , the representatives of the severely disabled , the equal opportunities officer , the company doctor , the occupational safety specialist, etc. Furthermore, external helpers can also be included at any time to support the conception and implementation. Depending on your needs, you can rely on the support and expertise of internal and external partners.
Course of the procedure
After the employee concerned agrees to this procedure, the initial meeting takes place either alone with the person responsible for BEM or with other participants. The aim of this interview is to find out what reasons are there for these absences and whether these sick days are causally related to the working conditions. It searches for the triggers for this disease. In order to find out the cause of the illness, it may be necessary for the employee concerned to be examined voluntarily by a company doctor. After the causes have been clarified, the second step is to look for targeted measures for a change. There is a wide range of measures that can be taken to reduce sick time. These measures can range from applying for a health resort measure, changing the workplace (e.g. equipping with a standing desk or special computer mouse), obliging a rehabilitation advisor for the pension insurance to transfer to another workplace. The agreed measures are summarized in a protocol and combined with a time for reflection (e.g. one year until the second interview). This protocol serves as the basis for the second interview.
In Austria, the BEM is not organized in-house, but takes place outside the company in state-funded advice centers (“fit2work” personal advice). This offer is not only available to employed people, but also to the unemployed. The measures derived from the advice include, among other things, changes in the workplace, work management coaching, occupational diagnostics, qualification measures and part-time reintegration.
- Dau / Düwell / Joussen [and 9 more], LPK-SGB IX, rehabilitation and participation of people with disabilities, teaching and practical commentary on SGB IX, SchwbVWO, BGG, 5th edition 2019, Nomos-Verlag, ISBN 978-3-8487 -3375-0
- Regina Richter: The operational integration management: 25 practical examples (with a focus on "Mental Illnesses" and a new subject area "Documentation, Evaluation and Analysis in BEM"); 2nd updated and expanded edition, wbv Bielefeld July 2014; ISBN 978-3-7639-5405-6
- Siggy Britschgi: BEM - operational integration management ; Bund-Verlag Köln 2020 (November 2019), 5th edition, ISBN 978-3-7663-6884-3 , table of contents online
- Volker Stück: Operational Integration Management (BEM). Current case law and practical advice , monthly for German law 2010, 1235
- List of literature on corporate integration management at REHADAT
- BIH Federal Working Group of Integration Offices and Main Welfare Offices (ed.): ABC Fachlexikon. Employment of severely disabled people. 6th revised edition, Cologne 2018.
- BEM website: Bavarian Family and Social Center, Integration Office (ZBFS)
- BEM collection of practical examples (works agreement / service agreement / inclusion agreement)
- www.integrationsaemter.de : Internet presence of the Federal Working Group of Integration Offices and Main Welfare Offices
- Scope of application of Section 167, Paragraph 2 of Book IX of the Social Code in the prevention portal operational integration management of the RKW Competence Center, Eschborn.
- BAG, decision of 7.2.2012 - 1 ABR 46/10 . Rechtssprechung-im-internet.de. Retrieved November 9, 2019.
- What you should know about reintegration management. In: weka.at, Document ID 978758, February 15, 2018.
- Welcome back: Corporate integration management in practice. In: ooe.arbeiterkammer.at.