On Tuesday, Brno-based non-profit Amerfo successfully litigated with the Ministry of Labor and Social Affairs (MPSV) over the payment of a wage allowance to people with disabilities in the regional court. Due to an administrative error, the ministry did not pay an allowance of 2.2 million kroner to an association that employs people with physical or mental disabilities. There was a threat that the association would have to cut dozens of jobs.
Due to an administrative error, the Ministry of Labor did not pay the disability wage allowance to the association for the third quarter of 2019, due to an error from an outside company that delivered documents to the Labor Office two days late (illustrative) | Photo: Michaela Danilova | Source: iROZHLAS.cz
The Ministry of Internal Affairs and Communications must take a new decision in this matter, but it can file a cassation complaint against the decision to the Supreme Administrative Court. Veronika Basikova, who represented the Ministry of Justice in the case, told the media that the ministry respected the ruling, but would consider filing a cassation complaint.
Due to an administrative error, the Ministry of Labor did not pay the disability wage allowance to the association for the third quarter of 2019. The offshore company delivered the documents to the Labor Office two days late, and for this reason, the Social and Health Insurance payments came out a few days after the deadline.
These days, the company has not met the requirement to be debt-free, which is necessary to pay wage contributions. The assembly corrected the error, but the committee to dissolve the ministry and then the then Minister of Labor Jana Malalova (ČSSD) confirmed the decision. The association defended itself with a lawsuit in court. He also turned to the Public Defender of Rights, who defended the association.
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The court assembly submitted dozens of decisions issued by the ministry, which granted the Ministry of Internal Affairs and Communications similar orders to other companies in the event of minor misconduct.
Accordingly, the court, similar to the ombudsman, concluded that there were a number of decisions issued by the Ministry related to the status of the association, in which the Ministry of Interior and Communications granted compliance with other parties.
With the issuance of the ruling, the court overturned the decision of the ministry, which must take a new decision on the matter within 30 days, taking into account the court ruling.
“The Ministry of Labor and Social Affairs respects the judgment of the regional court and will, of course, apply the procedure proposed by the court in the next step. In other words, a new procedure and a new decision in this matter,” Veronika Basikova, who defended the ministry in the case before the court, told reporters.
She added that the ministry would nonetheless consider filing a cassation complaint. Amirva director Pavel Palichik said they will wait for the ministry to issue a new decision.
“In this case, it is not so much about money, but rather about the principle that the ministry does not liquidate associations or companies that employ people with disabilities due to completely trivial and trivial errors,” he said.
