City Gloss

Audit requirement of occupation freelance jobs the Federal Labor Court has in a new ruling by the 13.10.2011 with the inclusion of severely disabled people during the occupation of freelance jobs is concerned. It has decided that all employers are obliged to examine whether they can occupy free jobs with severely disabled people. To include also unemployed or seeking work reported severely disabled people, they need to contact early on with the employment agency. This in article 81 paragraph 1 SGB IX controlled legal obligation to all employers, not only that of the public service. A rejected severely disabled applicants can rely on the fact that the breach of this obligation suspect its discrimination because of disability leave.

The severely disabled with a degree of 60 plaintiffs has completed a commercial apprenticeship, a University of applied sciences degree of in business administration and education to the higher administrative service. He applied to the respondent municipality on its position for a Maternity representation in the areas of human resources, planning, real estate and Public Affairs Office. The defendant occupied that can be place otherwise, without previously checking whether the free workplace filled with severely disabled people or in contact with the employment agency have recorded. The plaintiff demanded a compensation affiliated under 15 para 2 of the General equal treatment Act (AGG), because he looked at a disadvantage because of his disability. While the lower courts had dismissed the lawsuit, the revision of the plaintiff before the 8th Senate of the Federal Labour Court in principle was successful.

The audit requirement to take account of severely disabled persons in the filling of vacant posts is always, and to all employers, regardless of whether a severely disabled person who applied or has revealed this status in his application. An employer violates this duty of inspection, so that an indication is, that he hurt a rejected severely disabled people because of the disability, because he his Support obligations had left unnoticed. Because in this case the employer could refute not the presumption of such a disadvantage, the thing on the work of the Court was to remit, which will have to decide about the amount of compensation payable to the claimant. Lawyers Dr. Mahlstedt & partners – your law firm in Bremen. For more information on the disability law on our specialty page behindertenrecht.php