Rules and regulations to a company

Verified 24 January 2023 - Directorate for Legal and Administrative Information (Prime Minister)

In company rules and regulations with at least 50 employees, the employer must prepare a This sets out the rights and obligations of employees with regard to health and safety and discipline applicable in the company.

Is this document mandatory? What are the mandatory clauses? Are there any prohibited clauses? Should the employer consult the CSE? Who does it apply to? We'll give you the information you need to remember.

Rules and regulations The is a document that sets the rights and obligations of employees within the company or the hotel.

This document is drafted by the employer.

It specifies only the rules applicable within the company on health, of safety and discipline.

It shall in particular fix the nature and scale of sanctions what the employer may pronounce against the employee.

It also recalls the following provisions:

  • Employees' right of defense
  • Moral and sexual harassment and gender-based behavior
  • Whistleblower protection device

Please note

the constraints which the regulation imposes on employees must be justified by the nature of the activity to be carried out and proportionate to the aim pursued.

The obligation to draw up rules of procedure depends on the number of staff in the company:

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Company with less than 50 employees

Norules and regulations , the development of a obligatory but stay always possible.

Rules and regulations In such cases the elaborated or modified under the same conditions in companies of at least 50 employees.

Company with at least 50 employees

Yesrules and regulations , The introduction of a mandatory.

The staff of 50 employees must be reached during 12 consecutive months.

This obligation shall apply at the end of a period of 12 months from the date on which the threshold of 50 employees was reached for 12 consecutive months after the establishment of the company.

For example, if the threshold of 50 employees is reached on 1er rules and regulations january 2021 and for 12 consecutive months thereafter, the employer must establish aer by January 2023.

The employer is responsible rules and regulations developing or amending the

Rules and regulations The written in French. It can be accompanied by translations in one or more foreign languages.

Rules and regulations The method may include common provisions to all employees or specific provisions to each category of personnel.

In companies having several establishments, the employer may draft:

  • rules and regulations a method comprising a common part and specific provisions to each of the establishments
  • and rules of procedure specific to each establishment.

Yes, the employer must consult the Economic and Social Committee (ESC)

He shall submit the rules to him for his opinion.

Rules and regulations The following applies even if the ESC: titleContent did not approve it.

Mandatory clauses

Rules and regulations The package contains the following provisions:

  • Enforcement measures in the field of health and safety in the company or establishment (e.g. smoking banned on premises)
  • Employee participation in the restoration of working conditions which protect health and safety employees (e.g. wearing a mask in the event of an outbreak)
  • Rules concerning the discipline (e.g. respect of working hours) and nature and scale of sanctions what the employer can do (e.g. duration of disciplinary lay-off)
  • Provisions concerning compliance with disciplinary procedures (e.g. prior interview) for the employee if the employer is considering a penalty
  • Provisions concerning employees' rights of defense (e.g. assistance to the employee in disciplinary proceedings)
  • Provisions concerning the prohibition, prevention and punishment of psychological and sexual harassment, gender-based behavior
  • Provisions concerning the whistleblower protection
  • Its effective date

Please note

in the companies with 500 or more employees and having one turnover more than EUR 100 million annually, rules and regulations the code of conduct. This document describes the measures to be implemented in the company to prevent, in France or abroad, acts of corruption or influence peddling.

Prohibited clauses

Rules and regulations The following clauses may not be included in the method:

  • Contrary to law clause, regulations, provisions of collective labor agreements and agreements applicable in the company or establishment
  • Clause restricting individual or collective freedoms which is not justified or proportionate to the aim pursued
  • Discriminatory clause (linked, for example, to ethnicity or religion, health status, disability or sex of the employee).

The employer must complete the following 2 formalities:

  • Rules and regulations Filing of the to the registry of the conseil de prud'hommes on which the company or establishment depends
  • Advertising, by any means (e.g. posting, intranet), to all persons having access to the places of work or premises where the employment takes place

Warning  

to be enforceable rules and regulations to employees, the filing and distribution formalities.

The employer must prove that it has carried out these formalities in the event of a dispute.

Who shall I contact

Rules and regulations Yes, the employer sends the labor inspector the in 2 copies, accompanied by the opinion of the ESC: titleContent.

Such communication shall take place at the same time as the filing and dissemination measures have been completed.

This provision also applies in case of modification rules and regulations of the directive or of the withdrawal of clauses from it.

At any time, the labor inspector may monitor the regulation and require the withdrawal or amendment of clauses which it considers to be contrary to the provisions of the Labor Code.

The employer may also ask the labor inspector of rules and regulations monitoring the legality and compliance of the

The labor inspector justify its decision and the notify to the employer and members of the ESC: titleContent within 2 months from receipt of the request.

Who shall I contact

  • Departmental Directorate for Employment, Labor and Solidarity (DDETS or DDETS-PP)

    https://dreets.gouv.fr/

    Search for DDETS on the interactive map by clicking on the department desired.

Please note

rules and regulations the directive is applicable on the date of its entry into force even if the labor inspector has not made his observations known.

Rules and regulations The following is the date from which it is applicable in the company.

That date comes into play at least 1 month after completion of the formalities for submission and dissemination.

The date when the last of the advertising and filing formalities has been accomplished sets the starting point for this period minimum 1 month.

Rules and regulations The need to to all employees of the company, whether hired before or after its implementation.

Trainees present in the company rules and regulations are also subject to the requirements of

The agency workers and outside company interveners rules and regulations shall be subject to the user company's for measures concerning hygiene, safety and general discipline. However, they shall not be subject to the provisions concerning nature and scale of sanctions and the disciplinary proceedings.

FYI  

rules and regulations employees who do not comply with the provisions of the directive are subject to disciplinary procedures and sanctions.