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Compact Course: Occupational integration management after illness (BEM | Betriebliches Eingliederungsmanagement): BEM’s legal basis and objectives, and works council involvement

Dieses Seminar weiterempfehlen

Seminarinhalte

Employers are obliged to implement a procedure for occupational integration management after illness (BEM | Betriebliches Eingliederungsmanagement) in accordance with Section 167 (2) of SGB IX. If employees remain on sick leave for more than six weeks without interruption or there are several periods of sick leave within one year, the employer must implement a procedure for occupational integration management after illness. The goal of this is to support the return of employees to the workplace, prevent recurring periods of sick leave, and secure employment until retirement.

Occupational integration management after illness is an aspect of workplace health promotion and an important task in the field of occupational health and safety, not only for the body that represents severely disabled employees but also for the works council. Their involvement in BEM is mandatory and is not at the discretion of the employer or the employees concerned.

In recent years, labour court case law has developed binding procedural obligations for BEM implementation, requirements for the protection of the personal (health) data of the employees concerned, and the scope of the works council’s participation.

This training course offers an introduction to the legal foundations, components and processes of the BEM procedure as well as its effects on working conditions and job retention for the employees involved. Checklists and exemplary regulations in works agreements will be provided.

The training course at a glance:

  • Objectives, legal basis, definitions of BEM, and binding procedural regulations derived from case law
  • BEM as part of workplace health promotion
  • Procedure and operational implementation
  • The handling of BEM data and protection against data misuse
  • Tasks and roles of the actors involved in the procedure
  • Consequences of the employer’s failure to follow BEM procedure (current case law on the consequences of breaching Section 167 (2) SGB IX)
  • External cooperation partners to support BEM procedures and measures
  • Objectives, participation rights and intervention options for the works council

Themenplan

  • Experience exchange regarding sick leave and illness in the company
  • Legal basis, including current labour court case law:
    • Occuptational integration management after illness in accordance with
    • Section 167 (2) SGB IX
    • Codetermination rights for works councils
    • Case law overview, e.g. regarding dismissal for personal reasons or the rights/ obligations of works councils
  • Health, illness and incapacity to work in company practice (including an overview of the regulations in SGB V and SGB VII)
  • Integration meeting instead of a “return-to-work discussion”, employer obligations
  • Sanctions for employees who refuse to consent, the effects of this refusal on dismissal protection
  • Stress factors in the workplace (risk assessment in accordance with the Occupational Health and Safety Act, job description)
  • Internal and external parties involved in BEM
  • Support options for those involved
  • Regulatory content of a works agreement on BEM
  • Tips for the practical implementation of works agreements on BEM
  • Negotiation and consultation skills (recognising, avoiding and resolving conflict)
  • Prevention talks:
    • Recognising and naming the different interests and goals of the stakeholders
    • Assessing the potential legal effects of discussing delicate subjects during prevention talks
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Termine und Standorte

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