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TOP 7 arguments in a dispute with the Fund for Social Protection of Persons with Disabilities

authors: Yaroslava Ivasiuk, Iryna Hochachko

08 December, 2023 Exclusive

Every year, the Fund for Social Protection of Persons with Disabilities submits claims to the court to collect administrative and economic sanctions from enterprises in connection with non-compliance with the employment quota for people with disabilities.

Depending on the circumstances of the dispute with the Fund, the following arguments may be stated:


  1. The Fund missed the deadline for applying to the court.

  2. The lawsuit was submitted against the wrong defendant (not a legal entity).

  3. The Fund does not have the authority to establish the fact of violation of the employment quota by the enterprise.

  4. If the enterprise has taken measures to prevent the commission of an offense, the enterprise shall be released from liability.

  5. A mistake in reporting is not a reason for applying sanctions.

  6. The Fund made a mistake in calculating the number of employees.

  7. The Fund made a mistake in calculating administrative and economic sanctions.


The full version of the article is available in Ukrainian by the link.

 

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