If illness is a problem, taking a rest will be necessary.

In the realm of employment law, the outcomes of termination cases in Germany can be significantly influenced by various factors, including the company's integration management (BEM) and social aspects such as length of service, age, and maintenance obligations.

According to German labour law, a dismissal due to illness is only lawful under the Kündigungsschutzgesetz (KSchG) if three strict conditions are met. Firstly, there must be a negative health prognosis indicating likely future absenteeism. Secondly, the employer must demonstrate significant operational disruption or financial burden, such as extended continued payment of wages during illness. Lastly, a comprehensive balancing of interests must be carried out, taking into account the severity of the employer's burden and the employee's protection, including their length of service, age, and potential milder alternatives like BEM.

Employers are expected to prove that they have taken measures to avoid termination, including checking for suitable workstations. However, it's essential to note that a termination is not automatic even in cases of continued payment of wages, especially over a longer period. This factor can be considered but does not guarantee a termination.

The justification for termination is carefully scrutinised by the labor court, which also considers the balancing of interests. If the BEM is not offered or taken seriously, a termination may fail in court. It's crucial for employers to ensure that their integration management efforts are robust and sincere.

Moreover, social aspects such as length of service, age, and maintenance obligations are considered by the labor court. A termination must be well-founded and proportional in each individual case, and the burden on the employer must be severe enough to justify termination.

In conclusion, understanding the intricacies of termination cases in Germany, particularly the role of integration management and social aspects, is vital for both employers and employees. It underscores the importance of fair and careful consideration in all employment-related decisions.