Compensation for disadvantage
A disadvantage compensation is either a compensation, a compensation or severance pay for an economic disadvantage that a legal entity has suffered, or providing financial assistance for people with disabilities or special promotion of students , for example, with difficulties in reading and spelling.
Compensation for disadvantages according to the Works Constitution Act
According to the Works Constitution Act, an employee is entitled to compensation for disadvantages if the employer makes a change in the company without at least attempting to balance interests with the works council or if he deviates from an agreed balance of interests and the employee is dismissed or suffers other economic disadvantages ( Section 113 BetrVG). Small businesses with up to 20 employees are exempt from the regulation because changes to operations in accordance with Section 111 BetrVG are not subject to co-determination.
If the employee is then entitled to compensation for disadvantages, he can file an action with the labor court to order the employer to pay a severance payment. The amount of the severance payment is based on Section 10 KSchG . The maximum amount of the severance payment is twelve gross monthly earnings or up to 18 gross monthly earnings depending on age and length of service.
The compensation claim can only be asserted and sued by the employee concerned. In such a case, the works council is limited to asserting the violation of its co-determination rights in a decision- making process in accordance with Section 23 (3) BetrVG.
The prerequisites for a compensation claim are:
- There has been a change in business within the meaning of Section 111 BetrVG
- no attempt to balance interests or to deviate from an agreed balance of interests
- Dismissal or other economic disadvantages as a result of the change of company (causality)
Compensation for disadvantages according to the Social Security Code
According to Section 209 of Book IX of the Social Code , assistance for disabled people to compensate for disability-related disadvantages or additional expenses (compensation for disadvantages) can be granted.
Compensation for disadvantages in school
The legal basis for a school disadvantage compensation is regulated in Article 3, Paragraph 3, Clause 2 of the Basic Law, in Book IX of the Social Code, Section 209, as well as in the state school laws and / or decrees issued by the ministries of education.
In school, the disadvantage compensation can be used for goal-matched or goal- different integration . If the impairments are limited to one area of competence, the disadvantage compensation in the sense of the so-called "dyslexia decree" can be granted for integration with the same goal. For this, a medical diagnosis is not mandatory in many federal states. In most German federal states, this disadvantage compensation can be applied for informally at the school. It is not bound by an application and should, in the opinion of the Bundesverband dyslexia e. V. as well as many experts are an integral part of the daily educational work in schools. In general, the rules for compensating for disadvantages can be derived from the provisions for reading and spelling weaknesses in the same way for other areas.
If these measures are not sufficient to enable successful participation in the class, a goal-different integration can be aimed for. For this purpose, a procedure to determine a special educational need for support is required, implementation and implementation is determined by the education ministries of the respective federal states.
When applying for a study place, an application for disadvantage compensation can be made in order to achieve additional waiting semesters or an improvement in the average grade, if it can be proven that the average grade would have been better if the school would have granted the necessary disadvantage compensation but failed to do so.
- ↑ brd.nrw.de ( Memento of the original from January 22, 2015 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
- ^ School law - New legal opinion on the KMK principles of November 15, 2007 ( Memento of February 1, 2014 in the Internet Archive )
- ↑ kmk.org (PDF)
- ↑ mk.niedersachsen.de