Conducting a BEM Meeting

Conducting a BEM meeting: How does it work and who takes part?

The employee decides who takes part in the BEM meeting — the works council or SBV only with their consent (§167 Abs. 2 SGB IX). The meeting is support, not an interrogation: open-ended, without diagnosis questions, with a record of the measures discussed and agreed.

Circle of participants in the BEM meeting under §167 Abs. 2 SGB IX

Participant	Role in the meeting	When present
Employee	Main person — without their consent, no BEM takes place	Always (participation voluntary)
Employer side (BEM contact person / HR / management)	Leads the meeting, examines options within the company	Always
Works council / employee representation	Supports the employee in the process	Only with the employee's consent
Representative body for severely disabled employees (SBV)	Additional representation for severely disabled employees	Only with the employee's consent
Person of trust of the employee's own choosing	Accompaniment and support	At the employee's request (§167 Abs. 2 SGB IX)
Company/occupational physician	Medical assessment of fitness for work — without passing the diagnosis on to the employer	As needed
Rehabilitation provider / integration office	Advice on benefits for participation and accompanying assistance	When such benefits may apply; integration office for severely disabled employees

Who takes part in the BEM meeting — and who decides?

Note: This guide describes Workplace Integration Management (Betriebliches Eingliederungsmanagement, BEM) as a legal obligation under German employment and social law (SGB IX). It is written for employers and employees operating in Germany and does not reflect the law of any other jurisdiction.

The most important rule up front: the employee decides. §167 Abs. 2 SGB IX makes carrying out the BEM dependent on the employee's consent — and that also applies to the circle of participants. The employee representation (works council) and, for severely disabled individuals, the SBV are only involved with the consent and participation of the person concerned. A works council sitting at the table against the employee's will makes the process vulnerable to legal challenge.

In addition, the employee can bring in a person of trust of their own choosing — this is expressly stated in the law. The invitation must already point out the possibility of bringing a companion; if this notice is missing, the invitation is formally incomplete.

On the employer side, the BEM contact person, HR, or, in smaller companies, management typically leads the meeting. The direct supervisor may take part as long as the relationship of trust is intact — they should not attend if they have already voiced thoughts of dismissal. The company or occupational physician is brought in as needed; if benefits for participation or accompanying assistance in working life may apply, the law provides for involving the rehabilitation provider or, for severely disabled employees, the integration office.

For managing directors of mid-sized companies, this means in practice: the circle of participants is not set by the employer but coordinated with the employee. A small meeting with two or three people is entirely permissible — what matters is that the employee had a say in the circle of participants and that this is documented.

Atmosphere and process: the phases of the BEM meeting

BEM is a support offer, not a control instrument — this stance determines success or failure. As soon as employees perceive the meeting as a precursor to dismissal or as a critical conversation about absences, willingness to cooperate drops to zero. Conditions that build trust: sufficient lead time between invitation and appointment, a neutral room, no time pressure, and an explicit reminder at the start that participation is voluntary and can be ended at any time.

A proven process runs in four phases: First, the opening — explain the purpose of the meeting (overcoming incapacity to work, preventing renewed illness, preserving the job), and address voluntariness and data protection. Second, clarifying the situation — the focus is not the illness but the work: which tasks, processes, or strains make returning or remaining difficult from the employee's perspective? Third, finding solutions — jointly and with an open outcome, gather possible measures: workplace adaptation, changed working hours, transfer, gradual reintegration (Hamburg Model), technical aids. Fourth, the agreement — record concrete next steps with deadlines and responsibilities, including a date for a follow-up review.

Keeping the outcome open is not a matter of style but a legal requirement: a meeting that is clearly intended only to secure an already-decided dismissal is not recognized by the labor courts as a proper BEM. A BEM that ends without a result is also permissible — if alternatives were seriously explored and this was documented.

Often more than one appointment is needed: BEM is a process, not a single meeting. First the situation is clarified, then measures are implemented, then the effect is reviewed — in practice after about 4–6 weeks, possibly with a follow-up meeting. The process ends with a documented conclusion: successful, continuing with further measures, or discontinued without result.

What may not be asked — and what belongs in the record

The most important boundary: the diagnosis. The employer has no right to learn what illness the employee has — and may not ask about it in the BEM meeting. Health data belongs to the specially protected categories of data (Art. 9 GDPR); disclosing it is solely the employee's decision. The meeting works without a diagnosis too: what matters is not which illness is present, but which tasks are currently possible and which workplace adjustments help. If a medical assessment is needed, the occupational physician is the right route — bound by confidentiality, they pass on only fitness for work, not the diagnosis.

Also off-limits: pressure and insinuation. Questions like 'So when will you be fully able to work again?' asked in a demanding tone, references to the burden on colleagues, or even hints at possible consequences for non-cooperation turn the support offer into a means of pressure — and make the process vulnerable to legal challenge. The employee can end the meeting at any time or leave individual questions unanswered without this being allowed to result in any disadvantage.

The record documents the process, not the health condition. It should include: date and location, the names of everyone present, a note that voluntariness and data protection were explained, the measures discussed (including those rejected), and the outcome with agreed steps, deadlines, and responsibilities. It should not include: diagnoses, suspicions about the illness, speculation about private causes, or comments on performance. A signature from all participants is not mandatory but strongly recommended.

The record is filed in a separate BEM file — kept apart from the personnel file and accessible only to a narrowly defined, authorized group of people. This documentation is also the employer's safeguard: in a dismissal protection lawsuit, only what can be proven counts — a well-conducted, properly documented BEM meeting is the central piece of evidence there (BAG 7 AZR 698/14).

Related measures & topics

Key takeaways

The employee determines the circle of participants — the works council and SBV only with their consent, a person of trust at their request (§167 Abs. 2 SGB IX)
The BEM meeting is a support offer: open-ended, without time pressure, with an explicit reminder that participation is voluntary
Four phases: opening → clarifying the situation (work, not illness) → finding solutions → written agreement with deadlines
The diagnosis may not be asked about — medical assessments go through the occupational physician, who is bound by confidentiality
The record documents the process without health details and is filed in the separate BEM file — it is the central safeguard in a dismissal protection lawsuit

Frequently asked questions

Does the employee have to name their diagnosis in the BEM meeting?+

No. The employee alone decides which health information to disclose — health data is specially protected under Art. 9 GDPR. The employer may not ask about the diagnosis. For the meeting, it is enough to clarify which tasks are possible and which adjustments help; medical assessments go through the occupational physician, who is bound by confidentiality.

May the direct supervisor take part in the BEM meeting?+

In principle, yes — as long as the relationship of trust is intact and the employee agrees. They should not take part if they have already voiced thoughts of dismissal or if the relationship is strained: in that case, the BEM feels like a control instrument and willingness to cooperate declines. When in doubt, a neutral BEM contact person leads the meeting.

Is a single BEM meeting enough?+

Often not. BEM is a process: clarification, agreement on measures, implementation, and review of the effect — in practice, the effect is reviewed after about 4–6 weeks, possibly with a follow-up meeting. A single meeting can suffice if it leads to a clear agreement or if the employee wants to end the process. What matters is a documented conclusion.

Who writes the record, and where is it filed?+

Usually the person leading the meeting on the employer side (BEM contact person or HR). The record documents the process — participants, measures discussed, outcome — and contains no diagnoses. It is filed in the separate BEM file, kept apart from the personnel file and accessible only to authorized persons; a signature from all participants is recommended.

Can the employee break off or later end the BEM meeting?+

Yes, at any time. BEM is voluntary for the employee at every stage — they can decline to participate, break off the meeting, or end the process later, without this being allowed to result in any disadvantage. For the employer, the rule then is: document the break-off with a date, since documentation proves that the employer's own obligations were met.

Preparing and documenting BEM meetings in a structured way

EasyBGM guides you through the invitation, the meeting, and the record — with templates for all mandatory components and a separate BEM file.

Try EasyBGM for free BGM compliance check

Sources

Last updated: 2026-07-07. This guide refers to German law (§ 167 SGB IX) and is not legal advice — have your specific case reviewed by a professional.

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