BEM - Interview? What you should know about company integration management
Mental illnesses have been on the rise in Germany for several years. These are often associated with longer periods of individual sick leave due to depression or anxiety disorders. Longer periods of illness of individual employees can also include their Endanger the workplace. For this reason, employers regularly keep a so-called BEM discussion through.
Many employees are initially intimidated when they receive a letter in their letterbox inviting them to a BEM meeting. In this article, we explain what a BEM meeting is, what its purpose is and which questions are typically dealt with.
You need support or a good Preparation for your BEM meeting? Get in touch with our employment law lawyers now:
Rudolf-Diesel-Str. 5, 65760 Eschborn near Frankfurt
Table of contents:
- What is a BEM meeting?
- Is it mandatory to hold a BEM meeting?
- Who is involved in a BEM meeting?
- What can I expect in the BEM meeting?
- What obligations do employers have in the BEM discussion?
- Is holding a BEM meeting a prerequisite for dismissal due to illness?
- Advantages and disadvantages of a BEM meeting for employees?
- How does a lawyer help with the BEM discussion?
What is a BEM meeting?
The Company integration management (BEM) was introduced in 2004 and has been legally structured since then. A BEM meeting can be held after an employee has been ill for a longer period of time. The purpose of this meeting is to Overcoming incapacity to work, to prevent further incapacity to work and the to maintain the job of the person concerned for as long as possible.
The BEM discussion therefore has a positive background in the first instance, as it basically serves to preserve the job at risk. However, you can find out about the pitfalls in the following text.
Is it mandatory to hold a BEM meeting?
If personal, behavioral or operational problems arise, the employer must exhaust all possibilities to eliminate these problems. This is particularly the case if an employee is dismissed within one year. Unable to work for more than six weeks without interruption or repeatedly is. In such cases, the employer is obliged under Section 167 SGB IX to initiate a BEM discussion.
Whether such a discussion actually takes place, however, depends on the Consent of the employee off. They are free to accept or decline the offer of a meeting.
Even after consent has been given, the employee is free to leave a conversation that has already begun. He can therefore take such measures refuse or cancel at any time of your own free will. Reasons for this need not be given.
In addition, the employee may not be sanctioned in the event of a refusal. The advantages and disadvantages of such a BEM meeting will be explained later.
Who is involved in a BEM meeting?
A BEM meeting is attended by the Employer and the affected Employees also the participation of the Employee representation (works council or staff council) and, if applicable, the Representative body for severely disabled persons prescribed by law.
Insofar as it makes sense in the specific case, it is also possible to Company doctors and Occupational safety specialists to benefit from their expertise and thus develop a practicable option. If benefits for participation or accompanying assistance in working life come into consideration, the Rehabilitation providers or the Integration Office participated in the conversation.
Furthermore, the employee concerned can also request Representative of his choice to the interview. It is worth having a lawyer with experience in employment law at your side.
What can I expect in the BEM meeting?
Two key questions are asked in the BEM meeting, which are decisive for the further procedure:
- Is the incapacity for work related to the workplace?
- Are there ways to overcome the incapacity for work and prevent further incapacity for work?
The first question should be answered truthfully in the affirmative, otherwise the employer cannot do anything to preserve the job.
Possible measures for question two include reintegration, transfer to another job or the provision of health-friendly work materials.
However, employees should not answer questions about their specific medical history, the specific cause of their illness or other health-related questions from the employer or, if applicable, from the company doctor.
What obligations do employers have in the BEM discussion
The employer must inform the employee concerned about the sense and purpose of the conversation enlighten and the data collected in this way, which is stored in a BEM file are created in a transparent manner. The question of whether the content of the interview and the data collected there may be included in the personnel file is regularly answered in the negative by data protection lawyers.
For example, the personnel file may only contain information about the fact that a BEM meeting was offered, whether the person concerned consented and what specific measures were offered and implemented. Data that goes beyond this must be kept in a BEM file, which is not part of the personnel file. It should be noted that there is still no established case law on this.
In addition, the employer must Suggestions, submitted by the employee concerned or the works council, without prejudice. check. If he rejects these proposals, he must give objective reasons for his decision.
Ultimately Measures, agreed upon by the parties involved in the BEM discussion are actually implemented. be implemented.
If a long-term illness occurs again after the BEM meeting that leads to a longer incapacity to work than six weeks, the BEM meeting must be held again.
Is holding a BEM meeting a prerequisite for dismissal due to illness?
No, it is not a prerequisite for termination. If the employer does not conduct the BEM meeting, they will not be penalized for this. However, in dismissal protection proceedings, the employer must demonstrate and prove that the dismissal would have been unavoidable even if the BEM procedure had been carried out. The hurdles for this are much higher than if the BEM meeting had been conducted properly.
Advantages and disadvantages of a BEM meeting for employees?
A brief summary of the advantages and disadvantages of the BEM meeting:
Advantages:
- The employee can contribute his or her own ideas for the framework conditions for maintaining the job.
- The employer must examine the employee's and works council's arguments objectively and, if it rejects the proposed measures, give objective reasons for doing so.
- During the BEM meeting, everyone involved can pull together, present their own positions and explain them to each other in order to ultimately keep their jobs.
- Employees do not have to allow themselves to be questioned and can refuse to answer.
Disadvantages:
- Employees often allow themselves to be questioned during a BEM meeting and provide the employer with information about circumstances, particularly in the context of the medical history, which the employer is not actually obliged to provide.
- The employee's statements in the BEM meeting may make him or her more vulnerable. The employer can misuse the BEM interview to prepare for a dismissal. If the employer learns from the interview that an improvement is not possible, this will probably lead to a dismissal due to illness.
How does a lawyer help with the BEM discussion?
As we all know, it is better to be safe than sorry. The employee can prepare a dismissal by asking specific questions. If you care about keeping your job, you should not risk it lightly. It is best to contact an experienced lawyer in employment law and get individual advice and preparation. A lawyer can also be at your side during the BEM meeting itself and strengthen your position.
Our lawyers provide you with comprehensive advice on all employment law issues. We also represent your rights vis-à-vis the opposing party and, if necessary, before all labor courts. Do you have specific questions about BEM? Then get in touch with our lawyers now.
Contact the law firm Haas und Kollegen now:
Rudolf-Diesel-Str. 5, 65760 Eschborn near Frankfurt
