In the company rules and regulations of more than 20 employees, subject to the requirement of the obligation to pay, the disciplinary sanctions contained therein may be imposed on a condition. This regulation must have been made known to the employees, at least by means of posters on the workplaces, the premises and the door of the premises where the employment takes place. Therefore, a display in the break room is not enough.
Hired since November 18, 2004, in a furnishing company with more than 20 employees, one employee was disciplinarily laid off for a day. She had made inappropriate and disparaging comments about some of her colleagues.
The employee contests the penalty, considering that the penalties applicable in the company had not been regularly brought to her attention.
The Court of Cassation, like the Court of Appeal before it, shares this view. Rules and regulations The posting of the person in the company's break room is not sufficient to make the sanctions it contains enforceable.