What are company rules of procedure?
The company’s rules and procedures are an official document drawn up by the employer, specifying the rules applicable within the company. They define the rights, obligations and behavior of employees in the context of their work. This document is essential for maintaining a clear, structured framework for professional relations.
What’s it for?
Rules of procedure have several key functions:
- Defining rules of behaviour: It can specify expected behaviors, remind employees of their obligation to respect work schedules and the work organization set by the company’s management, as well as safety instructions.
- Setting disciplinary measures: It describes the types of sanctions applicable in the event of non-compliance with the rules (e.g. warnings or dismissals).
- Ensuring legal compliance: It includes measures to prevent harassment and discrimination, as well as health and safety in the workplace.
- Prevent disputes: By clarifying the rules, it reduces the risk of misunderstandings and disputes.
Is it mandatory?
In France, rules of procedure are mandatory for companies with at least 50 employees. They must be drawn up in compliance with the requirements of the French Labor Code, and submitted to employee representatives for review. The employer must consult the Comité Social Economique (CSE) and submit the rules to it for its opinion. The rules of procedure apply even if the CSE has not approved them. On the other hand, if the CSE is not properly involved, the rules of procedure cannot be used against employees.
For small companies with fewer than 50 employees, this is not compulsory, but it is strongly recommended in order to establish a clear framework. They must be drawn up under the same conditions as in companies with at least 50 employees.
It applies to all company employees, whether hired before or after its implementation.
Trainees, temporary workers and subcontractors are subject to the user company’s rules and regulations concerning health, safety and general discipline. They are not, however, subject to the provisions concerning the nature and scale of sanctions and disciplinary procedure.
What the Rules of Procedure can offer to your small business
Although not mandatory for companies with fewer than 50 employees, having a set of internal rules can bring a number of significant benefits:
Clarification of expectations
In a small organization, it’s easy to assume that everyone is on the same page. However, a set of internal rules clearly defines rules, responsibilities and expected behavior. This avoids misunderstandings and establishes a common framework, even in a small team.
Dispute prevention
Internal regulations act as a preventive tool, specifying how to handle tricky situations (absences, lateness, behavior at work, etc.). This reduces tensions and prevents minor conflicts from getting out of hand in the absence of clear rules.
Legal protection
Even a small company is not free from disputes. Internal regulations that comply with employment law can serve as a protective measure in the event of disputes. For example, they may include provisions against harassment or discrimination, demonstrating the employer’s dedication to legal and ethical standards.
Strengthening corporate culture
Internal rules can reflect the company’s values and mission, strengthening the group’s identity and unity. This helps create a harmonious and productive work environment, where every employee feels involved in a common project.
Growth support
If the company is growing or hiring more employees, having a set of internal rules from the beginning ensures a smooth transition. This avoids having to improvise rules as the organisation grows.
What should it contain?
When drawing up rules and procedures, it is important to comply with legal requirements (article L.1321-1 of the French Labor Code).
It is a written document in which the employer sets out exclusively:
- Measures for applying health and safety regulations in the company or establishment, in particular the instructions provided for in Article L. 4122-1;
- The conditions under which employees may be called upon to participate, at the employer’s request, in the re-establishment of working conditions that protect the health and safety of employees, where these appear to have been compromised;
- General and permanent rules on discipline, including the nature and scale of sanctions that may be imposed by the employer.
The internal regulations also contain the following information:
- Employees’ rights of defence in disciplinary proceedings (defined in articles L. 1332-1 to L. 1332-3);
- Harassment, sexual harassment and sexist behaviour;
- Protection of whistleblowers (Chapter II of Act no. 2016-1691 of December 9, 2016).
Rules of procedure may not contain the following clauses:
- Clause contrary to laws, regulations or provisions of collective agreements applicable in the company or establishment, for example, breach of the right to strike;
- Clause restricting individual or collective freedoms that is not justified or proportionate to the aim pursued;
- Discriminatory clause (linked, for example, to the employee’s ethnic or religious background, state of health, disability or gender).
The internal regulations must be drafted in French and may be supported by translations into one or more foreign languages.
What are the formalities to be complied with?
The employer must complete the following formalities:
- Submission of rules of procedure to the clerk’s office of the labour tribunal to which the company or establishment belongs;
- Forwarded to the labour inspection authority in 2 copies, along with the opinion of the works committee (CSE), if applicable;
- Advertising, by any means (posters, intranet, etc.), to all persons with access to the workplace or premises where the employee is hired.
These formalities also apply in the event of modification of the rules of procedure or withdrawal of clauses therein.
The rules of procedure indicate the date from which they apply within the company.
This date must be at least 1 month after the filing and distribution formalities have been completed.
The date on which the last of the advertising and filing formalities was completed determines the starting point of this minimum 1-month period.
Rules and regulations, even for companies with fewer than 50 employees, are an essential tool for establishing clear rules on work organisation, rights and duties.
They define expected behavior, regulate working hours, absences and breaks, and lay down rules for the use of work tools. It helps to prevent conflicts, ensure fairness between employees and guarantee a working environment that complies with the law, especially in terms of safety and the fight against discrimination or harassment.
Although it is not mandatory, it strengthens corporate unity and prepares the company for future growth.
Don’t hesitate to contact us if you need more information!
