Sample Response to the plaintiff's appeal
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To the Judicial Board for Civil Cases of the Kostanay Regional Court
from the defendant B.A.M. address: g. Gitikara, ....
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on the plaintiff's appeal to the State Institution "Employment Center" of the State Institution "Department of Employment and Social Programs of the Akimat of the Zhitikarinsky district"
By the decision of the Zhitikarinsky District Court of Kostanay region dated 08/12/2021, the plaintiff's claims against me and the Profi Training Center LLP were denied. Disagreeing with the court's decision, the defendant filed an appeal against the court's decision. I believe that the plaintiff's appeal cannot be satisfied on the following grounds. The facts stated in the appeal were the subject of consideration in court and were given a proper legal assessment. The plaintiff did not provide any new arguments to the court. Regarding the Social Contract, the plaintiff in the complaint indicates that I assumed responsibility for fulfilling certain obligations. At the same time, the plaintiff does not indicate which obligations I have fulfilled (not fulfilled) and what responsibility I have in this regard. Further, the plaintiff, in substantiating his arguments in the complaint, indicates that I concealed the fact of employment, thereby violating clause 4, clause 2, Article 15 of the Law of the Republic of Kazakhstan "On Employment of the Population". However, I consider this argument to be unfounded, since according to art. 38 of the Law of the Republic of Kazakhstan "On Employment of the population" – Individuals and legal entities who violate the legislation of the Republic of Kazakhstan on employment of the population are liable in accordance with the laws of the Republic of Kazakhstan. The social contract does not contain grounds for financial liability of the student for failure to provide information about employment. Moreover, the Social Contract is not a regulatory legal act and cannot establish liability, according to Article 38 of the Law of the Republic of Kazakhstan "On Employment of the population".
Sample Response to the plaintiff's appeal
Further, the plaintiff in the complaint indicates that on my part and on the part of the co-defendant, P... LLP, the terms of the Social Contract, which related to industrial practice, were violated. According to the Social Contract, I have no obligation to complete an internship in my specialty. Profi LLP also has no obligation to send students to an internship directly related to their specialty. Also, the Social Contract does not specify the safety and health briefing logs referred to by the plaintiff in the complaint. I passed the exams based on practical skills that I acquired a long time ago, before studying, since I previously worked in the construction industry, where I acquired the skills of a welder. Many of us, including me, learned how to drive a car, and then took the exam. So I don't see anything incomprehensible here. As for my violation of the contractual relationship referred to by the plaintiff in his complaint. The plaintiff in the complaint indicates that I violated my obligations under the Social Contract. At the same time, the plaintiff does not specify what kind of liability, to what extent or in what proportions it is determined. At the same time, it indicates violations of the obligation, as if these facts were established during the trial. However, this is not the case, the plaintiff in court did not prove the fact of my failure to fulfill the Social Contract, and I have financial responsibility for non-fulfillment of the Social Contract. Moreover, the plaintiff does not deny the fact that I completed the training program at the end of the course, as evidenced by Protocol No. 1098 of November 18, 2020, according to which I passed the qualification exam. The specified protocol has not been appealed or cancelled. Based on the above, I ask: - to refuse to satisfy the plaintiff's appeal. Appendix: application for recovery of court costs, a copy of the legal aid agreement, a copy of the payment receipt.
07.09.2021 B.A.M.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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