TOP 7 arguments in a dispute with the Fund for Social Protection of Persons with Disabilities
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:
- The Fund missed the deadline for applying to the court.
- The lawsuit was submitted against the wrong defendant (not a legal entity).
- The Fund does not have the authority to establish the fact of violation of the employment quota by the enterprise.
- If the enterprise has taken measures to prevent the commission of an offense, the enterprise shall be released from liability.
- A mistake in reporting is not a reason for applying sanctions.
- The Fund made a mistake in calculating the number of employees.
- The Fund made a mistake in calculating administrative and economic sanctions.
The full version of the article is available in Ukrainian by the link.
Full text is open only for the subscribers.
SIMILAR POSTS
Quota of workplaces for the employment of persons with disabilities: New rules effective from 2026
249
Employment quota for persons with disabilities in representative offices: Where do the courts stand?
428
Even the Supreme Court can make a mistake – the term “employer” is misapplied in the context of meeting the quota for employing persons with disabilities
875
Changes to the organization of labor relations under martial law: A new law has been adopted
2388
A defendant without administrative procedural legal capacity is not a defendant
662
Dismissal for violation of the terms of work with confidential information
947
Changes to the collection of administrative and economic sanctions for non-fulfillment of the employment quota for persons with disabilities
922
Keeping military records: What an employer needs to know (updated as of August 14, 2024)
7447
The law on vacations and other issues of labor legislation: new regulations
6018
RESPONSIBILITY FOR VIOLATION OF RULES OF MILITARY ACCOUNTING AND LEGISLATION ON DEFENSE, MOBILIZATION PREPARATION AND MOBILIZATION
7127
Instructions on how to act during the inspection of military record keeping at the enterprise
1792
Instructions on how to act during the inspection of labour legislation compliance by State Labour Service of Ukraine
1080
Leave a comment







