Challenges to ITM fines

Legal assistance and representation in challenges to ITM fines

Challenging administrative-offence reports and sanctions issued by the Territorial Labour Inspectorate (ITM) is an essential judicial procedure governed by the Labour Code (Law No. 53/2003) and the general framework provided by Government Ordinance No. 2/2001 on the legal regime of contraventions. Severe measures imposed by labour inspectors, particularly substantial fines for undeclared work, excessive working hours, failure to provide weekly rest or breaches of occupational health and safety rules, can directly threaten a company’s financial stability. Involving a lawyer specialising in employment law and administrative offences is imperative once the inspection ends, because the statutory deadline for filing an administrative-offence complaint is only 15 days from delivery or notification of of the report. Filing a complaint with the court automatically stays enforcement of the administrative fine until the case is finally determined.

Annulment of the report, reclassification of the acts and defence strategies

Success in cancelling or reducing ITM fines depends on meticulous examination of the inspection report’s lawfulness and contesting labour inspectors’ subjective findings. A defence strategy carefully constructed approach primarily seeks grounds of absolute or relative nullity in the report, such as an incomplete or incorrect description of the act, missing mandatory information concerning the inspection authority, or incorrect calculation of the fine for each person identified. On the merits, the approach focuses on proving that the act did not occur or that the employer was not at fault: producing individual employment contracts and extracts, histories and submission confirmations from REGES-ONLINE, the current register; REVISAL is examined only for historical periods when it applied; showing that persons found at the workplace were visitors, undergoing recruitment or interviews, or performing activities under other legitimate legal relationships; and supplying timesheets and occupational health and safety training records. The defence may also request, in the alternative, replacement of the administrative fine with a warning or a reduction in its amount, demonstrating the low degree of social harm, the company’s good faith and voluntary correction of any minor deficiencies identified.

Legal assistance and representation in Focșani and Vrancea County

An ITM administrative fine can cause losses of tens or hundreds of thousands of lei, interruption of operations or even loss of eligibility to participate in public procurement. Basuc Cosmin Law Office in Focșani provides specialist legal assistance and representation in preparing and pursuing administrative-offence complaints against reports issued by the Vrancea Territorial Labour Inspectorate. We assist in analysing the inspection file, draft the complaint, present documentary evidence, timesheets and witnesses, and provide a firm defence before Focșani District Court and the Vrancea Tribunal, working to annul the report, protect capital and preserve your company’s reputation.