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Dismissal during the waiting period – Obligation of a “Preventive Procedure” Judgment by the Higher Labor Court of Cologne from September 12, 2024
Terminating the employment of a severely disabled employee is often a major challenge for employers. Severely disabled employees (and employees with equivalent status) are granted special protection against dismissal under German law, which makes it more difficult for employers to terminate them. In such cases, for example, an approval from the Integration Office must be obtained prior to termination. Failure to do so will invalidate the dismissal for that reason only.
