Das betriebliche Eingliederungsmanagement nach § 84 Abs. 2 SGB IX (BEM)

This thesis focuses on operational integration management (OIM) as a process of practical relevance in protecting employees. Its correct implementation is essential in a case of dismissal due to illness. Discussing an employee’s health data with third parties is vital in the entire process. Therefore, data protection is crucial for its success. Due to the General Data Protection Regulation (GDPR) and the new German Act on Data Protection, the topic has gained additional relevance.
The study delineates the legal framework when an OIM process is initiated with special regard to data protection. It identifies the representative bodies’ information and consultation rights as well as the correct form of invitation given to an employee. It examines the consequences of the process of determining whether there are grounds for dismissal due to illness critically. Furthermore, it identifies an employee’s participation rights according to sec. 102 of the BetrVG (employees’ representation act) and demonstrates how these findings can be used reactively with respect to dismissal proceedings, a modified health prognosis and a grace period following the OIM process.