The Legal Options for Claims for the Impaired Workers

In terms of employment law, foreign employees are treated in the same way as employees. The Contract Statute shall be construed without express or implied provisions under the law of the State in which the employee usually performs his duties in the performance of his contract. Individual regulations of the labor right, which have international compelling character, find in each case application.

The Obligations

Compared to a foreigner, increased obligations may arise for the employer, which result from the worker’s special need for protection (e.g. in case of recognizable language problems). In some cases, the employer is obliged to cooperate in obtaining the work permit. At the very least, the employer is obliged to make the foreign worker aware of the permit requirement. For that you need to know the law defining whole person impairment now.

The Law and The Works

The law stipulates that works council and employer must ensure that any different treatment of persons working in the company, u. a. because of the nationality, fails. According to the principle of equal treatment under labor law, it is not permissible for individual employees to work for reasons other than their own, for Citizenship, are treated worse than other workers.  However, this does not alter the treatment of foreigners for objective reasons, e.g. as any language difficulties or lack of training excluded. The language competence can be required by the employer if this is necessary for the fulfillment of the employment law obligations.

The Professionals

In professional life, it can be beneficial for people with disabilities to be in the circle of beneficiary disabled people. Beneficiaries of disabled persons are entitled to special benefits, special protection against dismissal and – if this is provided for in the collective agreement, service law or company agreements – entitlement to additional leave. Employers may receive subsidies and tax benefits when employing disabled workers; even the payment of the equalization fee will be canceled.

Belong to the circle of “favored disabled” people?

People who have a disability can apply to the responsible office of the Ministry of Social Services. If the degree of disability is at least 50%, the beneficiary status will be awarded to them.  The degree of disability is determined by medical experts of the Ministry of Social Services. The beneficiary status also requires citizenship. The citizens are equal: American citizens, EEA citizens and Swiss citizens as well as their family members and long-term resident third-country nationals and their family members. Recognized refugees can also apply.

Which Category They Fall In

The category of beneficiary disabled persons may also include people with disabilities who are undergoing an apprenticeship or training in health care or nursing or who are being trained at a midwifery academy or college. Persons who are in pre-employment after completing higher education may also apply. Furthermore, persons who are in pre-employment after completing higher education may apply.

Bring Along

You should have an informal application defining whole person impairment, medical reports and proof of citizenship. These initiates are so-called assessment procedure, in which the degree of disability is determined by medical experts. The granting of the beneficiary status is carried out by a declaratory judgment of the respective regional office of the social ministry service.