Disabled Persons Act
| Basic data | |
|---|---|
| Title: | Law to ensure the integration of the severely disabled in work, profession and society |
| Short title: | Disabled Persons Act |
| Previous title: | Severely Disabled Act |
| Abbreviation: | SchwbG |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | Social law |
| References : | 811-1 |
| Original version from: | June 16, 1953 Federal Law Gazette I p. 389 |
| Entry into force on: | May 1, 1953 |
| Last revision from: | August 26, 1986 ( Federal Law Gazette I p. 1421 ) |
| Entry into force of the new version on: |
August 1, 1986 |
| Expiry: | July 1, 2001 ( BGBl. I p. 1046 ) |
| Please note the note on the applicable legal version. | |
The law to ensure the integration of severely disabled people in work, occupation and society (Schwerbehindertengesetz - SchwbG) regulated essential areas of severely disabled people law in Germany from 1953 to 2001 , including the determination of the degree of disability , the obligation of employers to employ severely disabled people, protection against dismissal for Severely handicapped people, the representatives of the severely handicapped in companies as well as the workshops for handicapped people and free local transport. In 2001 it was replaced by the Ninth Book of the Social Security Code .
history
Since the Weimar Republic there have been statutory regulations for compensation of disadvantages for severely disabled people, which initially pursued the goal of reintegrating the large number of disabled people of the First World War into civil life. The law on the employment of the severely disabled - Severely Disabled Act - of April 6, 1920 was a special legal version of the right to work according to Article 163 of the Weimar Constitution . It also recorded victims of industrial accidents . and the blind. This introduced an obligation for employers to employ the severely disabled insofar as they employed more than 20 employees. The goal was to make two percent of all jobs available for the severely disabled. The obligation to hire was flanked by a supervisory and control authority of the responsible authorities. The main welfare office had to agree to the termination of the employment relationship by the employer .
The Severely Disabled Persons Act in the version of January 12, 1923 was superseded in the Federal Republic of Germany by the Severely Disabled Persons Act of June 16, 1953. With the law on the further development of the law for severely disabled persons of April 24, 1974, the law was finally given the new name of the law for severely disabled persons . With the new law, its orientation changed for the first time from a compensatory causal system of social security, which presupposes certain causes of the disability, to a final system which, if certain health-related disadvantages exist, pursues certain goals and grants the person concerned rights that are independent of the Can be asserted because of its disadvantage. At the same time, the law no longer only applied to Germans, but to all people with disabilities. The law for the severely disabled was revised by the law to ensure the integration of disabled people in work, profession and society in the version published on August 26, 1986. Its regulations are partly attributed to labor law and partly to social law .
On July 1, 2001, the Severely Disabled Persons Act was incorporated into the Social Code and has since been part of the Ninth Book of the Social Code , which, in addition to the previous regulations of the Disabled Persons Act, also contains general regulations on the rehabilitation of disabled people , which always intervene if there are no special regulations in the other books of the Social Security Code.
Individual evidence
- ↑ a b RGBl. 1920, 458 i. d. F. of January 12, 1923, RGBl. I, 58.
- ^ A b Michael Stolleis: History of social law in Germany. A floor plan . Lucius & Lucius, Stuttgart 2003, ISBN 3-8252-2426-0 , p. 165 ( leibniz-publik.de ).
- ↑ a b Helmar Bley, Ralf Kreikebohm, Andreas Marschner: Social law . 8th edition. Luchterhand, Neuwied, Kriftel 2001, ISBN 3-472-04778-X (Rn. 1086).
- ↑ BGBl. I p. 389 .
- ↑ BGBl. I p. 981 .
- ↑ BSGE 53, 175, 181.
