SDR - RC63/2026 - ITM - Administrative fine and effective non-contentious appeal

DOCUMENTS :

> Recommendation


SUMMARY :

The Ombudsman’s Recommendation No. 63/2025 concerns the practice of the Labour and Mines Inspectorate (ITM) regarding administrative fines imposed on employers for failure to submit documents or for late submission. The Ombudsman criticises the ITM’s inflexible stance, according to which any rectification carried out after the fine has been imposed has no effect on its amount. Such an approach denies the existence of an effective non-contentious remedy, creates a presumption of bad faith against employers and goes beyond the spirit of the law, which allows the administrative authority a margin of discretion, taking into account the circumstances, the seriousness of the breach and the behaviour of the party at fault. Furthermore, systematically equating a mere delay with a deliberate refusal is deemed disproportionate in light of the objective pursued by the ITM’s injunctions, namely to ensure effective monitoring of compliance with labour law.

Drawing on established administrative case-law from 2025, the Ombudsman emphasises that the courts recognise the need to take into account the submission – even if late or partial – of the required documents in order to assess the amount of the fine fairly. A refusal to take this into account is likely to discourage compliance and render the injunction ineffective. Consequently, the Ombudsman recommends that the ITM ensure a genuine and effective non-contentious remedy by systematically reviewing, during informal appeals or objections, the seriousness of the breach and the employer’s conduct at the date of the decision on the appeal. More broadly, the Ombudsman advocates a proportionate approach focused on prevention, dialogue and support, rather than a purely punitive approach.