BEM (Occupational Reintegration Management): Section 167 SGB IX + AGG

1. Section 167 SGB IX Obligation Above 50 Employees

If an employee is incapacitated for work for more than 6 weeks within a 12-month rolling window, the employer must offer occupational reintegration management (Betriebliches Eingliederungsmanagement, BEM).

2. AGG Protection

Illness alone is not a protected characteristic. However, disability under Section 1 General Equal Treatment Act (AGG) is often a consequence of long-term illness. Discrimination based on illness-related disability is prohibited.

3. BEM Procedural Steps

1. Written invitation
2. Initial meeting (with employee consent)
3. Action plan (workplace adjustment, reorganization)
4. Implementation
5. Evaluation

4. Data Protection in BEM

Health data is highly sensitive (Art. 9 GDPR). Involve the company physician and, if appropriate, an external advisor. Maintain strict confidentiality and segregate BEM files from the personnel file.

5. Termination Despite BEM

Federal Labor Court (BAG) rulings: an illness-related dismissal without prior BEM is typically socially unjustified. BEM does not automatically make termination admissible, but it makes it legally defensible.

6. Subsidies via the Integration Office

For disability-related workplace adjustments, the Integration Office (Integrationsamt) covers up to 80% of costs.

Summary

BEM is both a statutory obligation and a critical AGG defense. A documented invitation, structured intake, and recorded action plan demonstrate good faith and substantially reduce the legal risk of any subsequent termination. Pair BEM with an AGG complaints office workflow for a complete reintegration framework.

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