Der erste BEM-Fall? Gut machen.

BEM (Betriebliches Eingliederungsmanagement) is Germany's statutory disability management process under Section 167 (2) SGB IX. Every employer must offer it once an employee has been unable to work for more than six weeks (42 working days) within 12 months — regardless of company size.

No. For employees BEM is voluntary and declining must not have negative consequences. For the employer, however, offering it is mandatory — and the response (acceptance or rejection) must be documented.

There is no fine — but a dismissal for illness-related reasons without a prior BEM offer is regularly invalid under German Federal Labour Court case law. The burden of proof in dismissal proceedings effectively reverses.

The employee decides. As a rule: an employer representative and the person concerned. Works council or disability representation only if requested, plus company doctor or rehabilitation providers where needed.

No — the diagnosis is off limits. BEM is about the impact on the job and possible adjustments, not the illness. BEM data is health data (Art. 9 GDPR) and belongs in a separate BEM file, never in the personnel file.

Yes. All guides and checklists are freely accessible — no sign-up, no paywall. If you want to manage BEM deadlines, invitations and files digitally, the BEM tool lives in EasyBGM.

Yes. Section 167 (2) SGB IX has no company-size threshold — the obligation applies from the first employee. Without a works council, only the involvement of the employee representation does not apply; the duty to offer BEM remains.