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Workplace reintegration

Workplace reintegration management (BEM) under § 167 of Social Code Book IX (SGB IX)

Workplace reintegration management (betriebliches Eingliederungsmanagement, BEM) must be offered when an employee has been unfit for work for more than six weeks within a year. Taking part is voluntary. The procedure and the handling of health data need clear responsibilities.

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Contents
  1. Legal basis and trigger
  2. Participants
  3. Process
  4. Role of the occupational physician
  5. Consequences of omitting the procedure
  6. In practice

Participants

  • The employee: the procedure takes place only with their consent and with their participation. They can decline it or end it at any time.
  • Works council or staff council; for severely disabled people, also the representative body for severely disabled employees (Schwerbehindertenvertretung).
  • A person of trust of the employee's choice, whom the employee can bring in under § 167 (2) sentence 2 SGB IX.
  • The occupational physician, where necessary.
  • Rehabilitation providers and, for severely disabled people, the integration office (Integrationsamt), if benefits for participation in working life or accompanying help at work come into question.

Process

StepContent 1. InvitationWritten invitation pointing out the aims of the procedure, the type and scope of the data collected and that taking part is voluntary; without the statutory notice, the procedure is defective. 2. First meetingClarifying which requirements of the workplace contribute to incapacity for work and which changes can help. 3. MeasuresFor example adapting the workplace, working hours or tasks, aids, benefits from rehabilitation providers; a gradual return to work (stufenweise Wiedereingliederung) under § 74 of Social Code Book V (SGB V) is one possible measure, but not a synonym for BEM. 4. Implementation and completionAgreeing the measures, review after a suitable period, completion with documentation of the result.

The documents of the procedure are kept separately from the personnel file. Health data is collected only as far as it is necessary for the procedure and there is a legal basis. Details are in the article BEM: data protection and documentation.

Role of the occupational physician

The occupational physician knows the workplaces and is bound by medical confidentiality. The physician assesses which requirements of the workplace are compatible with the employee's health situation and which adjustments to recommend, without disclosing diagnoses to the employer. In a gradual return to work, the physician can support the workplace-related coordination after the employee has consented. The medical step-by-step plan is agreed with the treating doctors and the benefit providers. The basis is § 3 of the Occupational Safety Act (ASiG), which counts advice on reintegration among the tasks of the occupational physician, and § 167 (2) SGB IX. The article BEM and gradual return to work explains the differences between the two procedures.

Consequences of omitting the procedure

The Act provides no direct sanction if workplace reintegration management is omitted. According to the case law of the Federal Labour Court (Bundesarbeitsgericht; judgment of 10 December 2009, 2 AZR 400/08), it is not a condition for a dismissal to be valid, but an expression of the principle of proportionality. If an employer dismisses for illness-related reasons without having offered the procedure, its burden of presenting the facts becomes heavier. It must show that even a proper procedure would not have produced milder means. The effects must be assessed in each individual case. Rehabilitation providers and integration offices can support employers who introduce reintegration management with premiums or a bonus under § 167 (3) SGB IX.

In practice

A faulty invitation puts the procedure at risk: it leaves out the notice on aims and data or does not make clear that taking part is voluntary. We provide companies with a process for workplace reintegration management with invitation letter, interview guide and documentation, and on request we conduct the meetings together with you. Coordination with treating doctors and rehabilitation providers works regardless of location. We arrange on-site appointments with companies in the Ingolstadt, Munich and Upper Bavaria area. Consultations and meetings are possible nationwide by video.

Questions on this article

Do the six weeks have to be consecutive?

No. § 167 (2) SGB IX covers incapacity for work of more than six weeks within a year, continuous or repeated. Several short illnesses are added together.

Does the duty also apply in small companies without a works council?

Yes. The duty does not depend on company size or on whether an employee representative body exists. Without a works council, the employer runs the procedure with the employee, if applicable with a person of trust and the occupational physician.

May the employee decline the procedure?

Yes. Reintegration management is voluntary for employees. The employer must offer it and document the refusal.

Does the employer learn the diagnosis?

No. A diagnosis does not have to be disclosed for BEM. Health data may only be processed to the extent necessary and legally permitted. Medical findings stay confidential. The employee decides on any additional voluntary information.

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Legal basis and sources

This article is based on the following statutory texts and publications of the competent bodies; each can be read in the original wording.

§ 167 SGB IX — Prevention

Federal Ministry of Justice — conditions for BEM (para. 2), participants, person of trust, notice of aims and data, premiums (para. 3).

§ 74 SGB V — Gradual return to work

Federal Ministry of Justice — step-by-step return to the workplace during incapacity for work.

§ 3 ASiG — Tasks of occupational physicians

Federal Ministry of Justice — advice on reintegration as a task of the occupational physician.

General Data Protection Regulation (GDPR)

Official Journal of the European Union — Art. 9 processing of health data, Art. 5 principles.

Links checked in October 2026. They lead to the publishers\' own pages.

Reintegration management for your company

Process, invitation letter, meetings and workplace-related assessment; coordination with treating doctors and rehabilitation providers.

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