Representative for severely disabled employees

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A SHE representatives ( SBV ) under German law has the task of the special interests of severely disabled and they assimilated perceive disabled persons employed in factories and offices.


Section 12 of the Severely Disabled Persons Act (SchwBeschG) of 1923 already stipulated that in all companies in which at least five severely disabled employees are not only temporarily employed, they had to "appoint" a shop steward. It was not until 30 years later that the Seriously Disabled Persons Act 1953 determined that the shop steward was to be "elected" by the severely disabled persons. Initially, this term only included German war invalids, victims of industrial accidents and the blind. The Severely Disabled Persons Act (SchwbG) of 1974 introduced the new term shop steward for the severely disabled. In the SchwbG of 1986 the term shop steward was also used and for the first time the term representative for severely disabled employees was added to Section 24 SchwbG. In SGB IX, only the gender-neutral terms representative for severely disabled persons and person of trust are used. The term “representatives of the severely handicapped”, which is sometimes used, is misleading or misleading and alien to SGB IX and the electoral regulations for representatives of the severely handicapped (SchwbVWO). In SGB IX, the legal term representation of the severely disabled is used to denote the office, whereas the confidant means the office holder.

Legal requirements

The legal requirements can be found in Sections 176 ff. Of the Ninth Book of the Social Security Code (SGB IX). If there are at least five severely disabled or equivalent disabled persons who are not only temporarily employed in a company or an office , a local SBV must be selected ( Section 177 (1) SGB IX). The employee representatives ( works council , staff council ) must work towards the election of an SBV ( Section 176 sentence 2 SGB IX). The election of a local SBV can also take place in companies or offices in which there are no other organs of company co-determination . Several companies or offices can be grouped together by the employer in consultation with the integration office “for the choice”, provided that there is spatial proximity ( Section 177, Paragraph 1, Clauses 4 and 5 of Book IX of the Social Code), and senior representatives can also be elected ( Section 180 of Book IX of the Social Code) ). The SBV consists of a person of trust (who does not have to be severely disabled himself) and at least one deputy. The regular elections take place every four years from October 1st to November 30th, the next regular local elections in 2022, 2026 etc. Outside these times, elections take place if the last election was successfully contested, the office expires prematurely and no substitute member moves up or there is no SBV yet. All severely disabled people employed in the company are entitled to vote, regardless of their age and length of employment.

All employees who are not only temporarily employed - including people with no disabilities - are eligible , with the exception of senior executives and inclusion officers, if they are of legal age on the day of the election and have been with the company for at least six months, provided they are eligible for the works council or staff council.

Church law : When electing the shop steward of severely disabled employees at churches, their charitable and educational institutions and religious societies, the partially different regulations (such as election dates and active or passive right to vote) of the employee representation laws are due to the constitutionally guaranteed church right to self-determination according to Art. 140 GG - Rules of the churches to be observed. This also applies in particular to the partly independent canonical regulations on the right of the person of trust of severely disabled people to participate, which take precedence over Section 178 (2) of Book IX of the Social Code.

Tasks of the severely handicapped representatives

According to Section 178 (1) of Book IX of the Social Code, the SBV has to promote the integration of severely disabled people, represent their interests and provide them with advice and assistance.

This applies to all matters that affect or affect the individual severely disabled as well as the severely disabled as a group. In particular, care must be taken to ensure that the provisions that apply in favor of severely disabled people are implemented and that the obligations stipulated by law for the employer and any inclusion agreements ( Section 166 SGB ​​IX) are observed.

Another task is to apply to the responsible authorities for measures that serve the severely disabled. These are mainly measures for the professional reintegration and employment of the severely disabled. These can be both vocational training and health education or health maintenance measures. Suggestions and complaints from severely disabled people are to be accepted and, if necessary, negotiations with the employer must be worked towards a settlement.

If problems arise during the integration of severely disabled persons, it is the task of the SBV to solve these problems together with all those involved. The core of the work is to promote the integration of severely disabled people in the companies and departments and to provide them with advice and assistance, offer them opportunities to talk and intervene in the event of difficulties at work.

The tasks of the SBV, the conclusion belongs to a inclusion agreement after Schwerbehindertenrecht ( § 166 SGB IX) with the employer, should be regulated in as the goal of the integration of disabled employees should be implemented.

In the area of ​​the Evangelical Church and its institutions, the tasks of the SBV were largely brought closer to the state law in SGB IX, which was changed by the BTHG. This was done through the Amendment Act 2018 to the MVG-EKD on January 1, 2019.

Rights of the representatives of the severely disabled

The SBV has the right to take part in the meetings of the employee representatives ( Section 178 (4) SGB IX) and is to be involved in all matters relating to severely disabled employees. She can request that matters affecting severely disabled people be put on the agenda for the next meeting. This right of participation also applies to all working groups of the works council according to § 28a BetrVG analogous to § 178 paragraph 4 SGB IX , according to the specialist literature on disabled persons .

This right to participate also applies to the delegation of statutory plenary tasks to the chairman of the staff council in accordance with Article 32 (4) BayPVG or to the board of the staff council in accordance with Article 72 (8) LPVG-BW.

The employer must send the SBV (as well as the works council or the staff council) the notification in accordance with Section 163 (2) SGB IX as well as the full list of names of the severely disabled and equivalent disabled employees annually, unsolicited and in due time before April 1st. The employee representative body (MAV) is also entitled to information rights, although it is not mentioned in Section 163, Paragraph 2, Clause 3 of SGB IX, insofar as this can be derived from the respective canonical employee representation regulations (MAVO).

The employer must inform the SBV in all matters that affect severely disabled people and hear them before making a decision ( Section 178 (2) SGB IX).

The SBV also has the right to hold a meeting of the severely disabled in the company at least once a calendar year ( Section 178, Paragraph 6 of Book IX of the Social Code). In the meeting of the severely disabled, "the employer has to report on all matters relating to the integration of severely disabled people" ( Section 166 (3) SGB IX).

Protection of the representation of severely disabled employees

The SBV must not be hindered in the exercise of its office or be disadvantaged or favored because of its office ( Section 179 (2) SGB IX). The SBV has the same personal legal status vis-à-vis the employer, in particular the same protection against dismissal, transfer and secondment as a member of the works council or staff council ( Section 179 (3) SGB IX). She exercises her office on a voluntary basis and - in contrast to the inclusion officer according to Section 181 SGB ​​IX - is not bound by instructions from the employer when exercising her office.

Cooperation between the SBV and other agencies

If it is necessary or expedient to fulfill its statutory duties, the SBV can work with other bodies or obtain information, advice and help there. It works “closely” with the employer's inclusion officer ( Section 181 SGB ​​IX) and the works council or staff council ( Section 182 (1) SGB IX). The members of the integration team, to which the SBV also belongs, have to support each other ( Section 182 (2) SGB IX). The SBV has the unconditional right to take part in an advisory capacity in all meetings of the works council or staff council and their committees, including the occupational safety committee ( Section 178 (4) SGB IX). According to recent case law, this also applies to the constituent meeting of the works council or staff council, to which the chairman of the electoral board also has to invite the SBV. In addition, the SBV has an advisory right to participate in the meetings of the company commission on the granting of performance-related pay (LOB) or performance bonuses (Section 18 (7) VKA TVöD). These federal law participation rights of the SBV exist regardless of whether these meetings deal with severely handicapped matters or not.

In special cases, however, it can also convene a health circle, a kind of quality circle in which we jointly discuss problem solutions. The following overview shows positions that could be considered for cooperation with the SBV or that could be contacted as sources of information.

Employers and employee representatives

Authorities and courts

Disability organizations

Disability officer

The disability officer or representative for the interests of people with disabilities represents the interests of people with disabilities and advocates their equality and social inclusion . In authorities , this is often also implemented as part of an inclusion council .

See also


In Austria, the disabled person's representative in accordance with Section 22a of the Disability Employment Act (BEinstG) is elected to represent the disabled.

It is the task of the disabled person's representative (BVP) to represent the economic, social, health and cultural interests of disabled employees in agreement with the works council or the staff representatives. The electoral term was increased to five years. The Ministry of Social Affairs currently knows more than 2,000 people with disabilities.

Literature (tools of the SBV)

  • 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
  • Maren Conrad-Giese, Beate Eberhardt, Werner Feldes, Nils Hindersmann, Ingrid Mai, Diana Ramm, Hans-Günther Ritz: Tips for representing people with disabilities . 3. Edition. Bund-Verlag, Frankfurt am Main 2018, ISBN 978-3-7663-6750-1 .
  • Werner Feldes, Silvia Helbig, Bettina Krämer, Rainer Rehwald, Bernd Westermann: Severely handicapped rights. Basic commentary on SGB IX with election regulations . 14th edition. Bund-Verlag, Frankfurt am Main 2018, ISBN 978-3-7663-6723-5 .
  • Werner Feldes, Rolf Klabunde, Hans-Günther Ritz, Jürgen Schmidt: Practice of the representation of severely disabled people from A to Z. The lexicon for representing the interests of people with disabilities . 7th, revised edition. Bund-Verlag, Frankfurt am Main 2018, ISBN 978-3-7663-6744-0 .
  • Werner Feldes, Jürgen Schmidt, Hans-Günther Ritz, Wolfhard Kohte , Eckhard Stevens-Bartol: Severely handicapped rights online. Bund-Verlag, Frankfurt am Main, ISBN 978-3-7663-8176-7 (online edition, is updated regularly).
  • Social Code IX. SGB ​​IX; Rehabilitation and participation of people with disabilities ; with ordinances on the law for severely disabled people. Ed .: Federal Association of Integration Offices and Main Welfare Offices (BIH). Status: July 2018, Wiesbaden: Universum Verlag GmbH, 2018, 388 pp.
  • Bernd Wiegand (Ed.): SGB ​​IX, Part 1, Regulations for the handicapped and people at risk of disability . Loose-leaf comment. Edited by Gerhard Dalichau .... - Berlin: Erich Schmidt, as of 2017, ISBN 978-3-503-09720-3 (SGB: Handkommentar; 9, part 1).
  • Bernhard Knittel: Rehabilitation and participation of people with disabilities, 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.
  • Medical Care Ordinance (VersMedV). The BMAS brochure should be available again from the beginning of 2019 following the planned change to the "Basic principles of medical care." as an annex to Section 2 of this Ordinance.

Magazines for the SBV

Web links

Individual evidence

  1. RGBl 1923 I No. 10 of January 12, 1923
  2. ^ Claudia Paul, The SBV as an organ of the works constitution, dissertation 2018, page 6
  3. Seminar paper on labor law 2007 with Prof. Dr. Jacob Joussen, page 2
  4. Federal Law Gazette I 1986 No. 45 of September 2, 1986
  5. Disabled Persons Act (SchwbG)
  6. The election of the representative for the severely disabled, KomSem - page for the representative for the severely disabled
  7. Prof. Düwell, jurisPR-ArbR 49/2018 note 1 .
  8. LAG Munich, fundamental decision of November 14, 2008,
  9. (PDF; 141 kB), judgment of February 27, 2009, M 14/08
  10. Federal Commissioner for the Disabled Work of the State Coordination Office and the Federal Inclusion Council
  11. ^ Ministry of Labor, Health and Social Affairs of the State of North Rhine-Westphalia Inclusion Advisory Board NRW
  12. Federal Government Commissioner of the Federal Government for the Issues of People with Disabilities
  13. State Representative for the Disabled of the federal states
  14. ^ Ministry of Labor, Health and Social Affairs of the State of North Rhine-Westphalia Commissioner of the state government for people with disabilities and for patients in North Rhine-Westphalia
  15. § 22a BEinstG (Austria)
  16. Duties and rights of the disabled person's representative in Austria