Judgment: ECJ strengthens rights of employees with disabilities

Judgment: ECJ strengthens rights of employees with disabilities

What happens when people with disabilities can no longer do their jobs? The European Court of Justice has now made a judgment on this.

The European Court of Justice has strengthened the rights of workers with disabilities.

According to a judgment by the judges in Luxembourg, anyone who is no longer able to perform their previous job due to a restriction can be entitled to a suitable position in the same company. However, as can be seen from the decision published on Thursday, an employer must not be disproportionately burdened. Whether this is the case depends, for example, on the financial outlay as well as the size, the financial resources and the total turnover of the company. In addition, there must be a vacancy that is suitable for the employee.

The background is a case in Belgium in which an employee of the Belgian railway company had resisted his dismissal. The worker had a heart condition during his probationary period, needed a pacemaker and was then no longer allowed to work on the tracks because of electromagnetic fields. After working in the camp for a while, he was released.

The ECJ judgment also emphasizes that it is irrelevant that the employee has not yet been permanently hired because of his probationary period. The employer must take the appropriate and necessary measures to enable the disabled person to access work. Another place could also be suitable for this.

Source: Stern

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