The employer’s obligations relating to the internal regulations

The internal regulations constitute a fundamental instrument in the management of relationships within a company.
In addition to establishing a disciplinary framework, it serves to protect the rights of employees, to promote safety and to establish a supervised work environment that is respectful of all.
The Labor Code imposes a certain number of obligations on the employer in the implementation, management and updating of these regulations.

This article examines these obligations in detail to clarify the legal responsibilities that arise from them.

Obligation to implement Internal Regulations

Pursuant to article L. 1311-2 of the Labor Code, the employer has the legal obligation to establish internal regulations in companies or establishments with 50 or more employees.

This obligation applies after a period of twelve months from the date on which the threshold of fifty employees was reached.

In the event of failure to comply with this obligation, the employer is exposed to sanctions from the labor inspectorate.

Even below this threshold, the employer can choose to put in place internal regulations, but the latter must still respect the same content obligations.

Content obligation: compliance with the legal, regulatory and conventional framework

The Labor Code precisely regulates the content of the internal regulations. This must include:

• Measures for implementing regulations relating to hygiene, health and safety in the company: these include rules relating to the prevention of professional risks, the obligation to wear safety equipment, instructions against the consumption of alcohol and drugs and any other measure aimed at guaranteeing the safety of employees;

• General and permanent rules relating to discipline: this includes the rights and obligations of employees, working hours, possible disciplinary sanctions (warnings, layoffs, disciplinary dismissals, etc.);

• Provisions relating to moral and sexual harassment, as well as sexist behavior: the internal regulations must imperatively include a mention relating to the prohibition of harassment, whether moral or sexual, in accordance with the law.

• Employees’ rights of defense: employees must be able to exercise their rights of defense, particularly in the event of disciplinary sanction. This includes the right to a prior interview in the case of serious sanctions.

The provisions of the regulations must comply with the laws in force and cannot include clauses that infringe on fundamental rights and freedoms, such as excessive surveillance or discriminatory rules, is strictly prohibited.

Obligation to consult staff representatives

Before adopting or modifying the internal regulations, the employer must consult staff representatives, in particular the Social and Economic Committee (CSE) in companies with 50 or more employees. This consultation makes it possible to inform employees of the new rules and to encourage social dialogue on working conditions.

Although the opinion of the CSE is not binding, it is obligatory to request it.

Obligation to communicate, file and advertise

Once finalized, the internal regulations must be:

• communicated to the labor inspectorate to which the company or establishment is attached;
• filed with the registry of the industrial tribunal within the jurisdiction of the company or establishment;
• brought, by any means, to the attention of people having access to the workplaces or premises where hiring takes place.

This is done by posting on company premises, and often via the intranet or other means of distribution.

Each employee must be able to consult the regulations at any time.

Obligation to update the Internal Regulations

The internal regulations are not fixed and must be regularly updated to incorporate new laws and regulations.

For example, legislative developments concerning harassment, discrimination or security must be taken into account in the document.

The employer must also ensure that the regulations reflect internal changes in the company, in particular the introduction of new technologies or modifications to work processes likely to influence the safety of employees.

Sanctions in the event of non-compliance with obligations

In the event of non-compliance with the obligations relating to the internal regulations, the employer is exposed to sanctions:

• The unenforceability of the regulation against employees and, consequently, the cancellation of the sanctions imposed;
• Payment of a fine provided for fourth class contraventions, i.e. €135.

In conclusion, the development and updating of internal regulations represents a rigorous exercise for the employer, who must ensure that the document complies with legal requirements. This regulation is not only a disciplinary framework, it is also a tool for protecting employees, guaranteeing safety, respect for individual rights and a harmonious working environment. Proper management of this document helps to avoid disputes and maintain a relationship of trust within the company.

LEGALPROTECH-AVOCATS is at your disposal to support you in the drafting, updating and compliance of your internal regulations, thus ensuring you fully respect your legal obligations.