Inclusion agreement
The inclusion agreement until the entry into force of the federal participation law integration agreement is, by § 166 Ninth Book of the Social Code (SGB IX) a contract that under German law the employer with the SHE representatives and the works council and the staff council shall take out. It represents a special case of the works agreement or the service agreement , since the representative for severely disabled employees is an additional contractual partner.
The instrument of the inclusion agreement is intended to provide greater support for the participation of severely disabled people in working life by controlling operational integration through target agreements . Practice-related agreements are to be concluded that are suitable for noticeably improving the employment situation.
With the entry into force of the Federal Participation Act, Section 83 of Book IX of the Social Code and the name of the integration agreement were changed to an inclusion agreement. The integration agreements that have already been concluded remain valid and continue to apply as inclusion agreements.
Content of the inclusion agreement
The inclusion agreement contains regulations related to the integration of severely disabled people. These regulations relate, among other things, to personnel planning, workplace design, work organization and the design of the work environment. Further regulations on the desired employment rate and training of disabled young people can be made. The concerns of severely disabled women should be given special consideration ( Section 166, Paragraph 2, Clause 3 of SGB IX).
Elaboration of an inclusion agreement
Workable inclusion agreements are created on the basis of the cooperation between those responsible and within the framework of a goal-oriented development, information and reporting process. In the first step, it is important that the negotiating partners agree on a common starting point and establish a basic consensus. The result consists of general core statements that are supported by all those involved and that can be recorded in a first component, the “preamble”.
The basic requirement for change processes is the careful presentation and analysis of the situation as it appears at the given point in time. The second step is therefore to take stock, to be transparent and to reveal weaknesses. This creates the basis for determining goals. The result consists in the representation and analysis of the actual situation in the company or in the office, the working out of weak points and as a consequence the determination of the need for action.
The core of the inclusion agreement are the target agreements of the negotiating partners. The third step is therefore the formulation and definition of achievable, measurable goals and the formulation of corresponding target agreements to achieve these goals. The result is target agreements that are binding and suitable for noticeably advancing the integration process. The quality of the inclusion agreement is not measured by the number and scope of the target agreements, but by their feasibility and the effectiveness that is recognizable and noticeable for the disabled employees.
It is not enough to set goals. It is just as important to record who is responsible for achieving the goals and in what period of time the respective goals should be achieved. Controlling via target agreements only works if the process of target achievement is regularly monitored and followed up. The instruments that help here are controlling and reporting.
The results of the individual steps can be part of the inclusion agreement; a possible structure for the inclusion agreement would then be:
- preamble
- Actual situation
- objective agreement
- Implementation of the agreement
- Reporting obligation / controlling
The elaboration of an inclusion agreement ends with the conclusion of a binding agreement for all partners and its announcement in the company or in the office.
Legal status
In terms of its legal nature, it is a binding agreement between the contracting parties (such as a works agreement or a service agreement). There is no legally enforceable claim to the conclusion of a specific inclusion agreement.
The employer or the representatives of the severely disabled can invite the integration office to take part in the negotiations on the inclusion agreement. In particular, the integration office should work towards overcoming differing views, i.e. bound discretion.
literature
- 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
- Düwell / Beyer: The new law for disabled employees - Federal Participation Act as a challenge for representatives, employers and lawyers . NomosPraxis 2017, ISBN 978-3-8487-3602-7
- Bernhard Knittel: SGB IX - Rehabilitation and participation of people with disabilities - Comment. 12th edition 2019. Luchterhand Verlag, ISBN 978-3-472-09562-0 .
- BIH Federal Working Group of Integration Offices and Main Welfare Offices (ed.): ABC Fachlexikon. Employment of severely disabled people. 6th revised edition, Cologne 2018.
Web links
- KVJS-Ratgeber inclusion agreement 2018 with working aids for the creation
- KomSem - Page for the representatives of the severely disabled: Information on the subject
- Collection of inclusion agreements at REHADAT
- Framework integration agreements of regional representatives for severely disabled people
