Proceedings with state autorities
In your business, you will most likely encounter an inspection or a check by a state authority. The results of which can directly affect your business, reputation, and often, even the future of your company.
In these proceedings, you will require a lawyer who:
- Will oversee the actions of the state authority during the inspection.
- Will file objections during the inspection if necessary (objections to the protocol).
- Can assess whether it is necessary to file an early appeal against the protocol from the outcome of the inspection itself.
- After imposing a fine, can write a qualified appeal which will focus both on the offense itself and also procedural steps of the state authority.
- If necessary, will file a court suit or cassation complaint at the Supreme Court.
Our experience includes representation in proceedings with:
- Labour Inspectorates and National Labour Inspectorate (illegal employment, violation of labour laws);
- Trade Licensing Office (e.g. cancellation of business license);
- Office of Labour, Social Affairs and Family (sheltered workshops);
- Ministry of Finance of the Slovak Republic (EU funds);
- Regulatory Authority for Electronic Communications and Postal Services (unsolicited communication);
- Slovak Trade Inspection;
- Antimonopoly Office.
Be sure to contact a lawyer. The Protocol states, that you have breached a legal obligation. It is a fundamental document on which the whole further proceedings shall be based. The Protocol itself may contain obligations (so-called measures), that the Labour Inspectorate might impose on your company. These obligations are mostly associated with the need to eliminate errors in existing processes, or may lead to setting up of new processes or implementation of a specific legal (possibly new) regulation. Therefore, the help of the lawyer may be necessary.
If you do not agree with the measures laid down in the Protocol, it’s necessary to file an objection (or administrative action) immediately. Missing the relevant defence can directly lead to your failure in further proceedings.
However, removing the violations found by the inspection may not end the whole process. You are likely to be imposed with a penalty for breaching of your obligations, even if you have already remedied the errors. It is useful to have the decision imposing a penalty examined by a lawyer who assesses whether the state authority not only correctly formulated the operative part of the decision, but also whether the penalty is duly reasoned and whether the authority respected your rights in the proceedings.
The decision whether to pay the imposed penalty or not, may depend on various factors – e,g, the amount of the penalty, the nature of the obligation which has been breached. In addition, a decision imposing a penalty may damage the company’s reputation. This must also be taken into account.
If you decide to defend yourself against the decision, the following legal means are available: appeal against the decision, then a court action with the Regional Court, and subsequently, cassation complaint at the Supreme Court.
In any case, we recommend contacting a lawyer if you have been penalized for so-called illegal employment. The reason is that the obligation to pay the imposed penalty is not the only consequence associated with the violation of the prohibition of illegal employment. A company which has been penalized for illegal employment may not participate in public procurement for three years or receive a state aid. This can have a significant negative impact on company’s economic result. In addition, if the prohibition of illegal employment is violated repeatedly, the Trade Licensing Office is obliged to cancel the company‘s business licence.
The lawyer will study your case, analyse the circumstances, the conduct and the reasoning of the Labour Inspectorate and help you find arguments or ways to eliminate or at least postpone the negative consequences of the decision.