Rules of procedure of an undertaking
Verified 01 January 2020 - Directorate for Legal and Administrative Information (Prime Minister)
The Rules of Procedure are a document written by the employer which specifies a number of obligations, in particular those relating to hygiene, safety or discipline. It is compulsory for 50 employees or more.
The Rules of Procedure are written by the employer in French (they may be accompanied by translations into other languages if necessary).
The provisions of the rules of procedure shall be in conformity with the provisions of the applicable laws, regulations and collective agreements.
The rules of procedure shall contain the following provisions:
- Enforcement measures for health and safety in the enterprise or establishment (e.g. smoking ban in premises)
- Conditions under which employees may be called upon to participate, at the employer's request, in the restoration of working conditions that protect the health and safety of employees, provided that they appear to be compromised (wearing a mask in the event of an epidemic, for example)
- General and permanent rules on discipline (e.g. respect for working hours, justification for absences) and the nature and scale of sanctions that an employer may impose (e.g. warning, length of disciplinary lay-off)
- Provisions on compliance with disciplinary procedures (e.g. call for prior interview) for the employee if the employer is considering a sanction
- Provisions on the rights of employees to defense (e.g. assistance of employees in disciplinary proceedings)
- Provisions on moral and sexual harassment and sexist acts
The penalty against an employee must be provided for in the rules of procedure (for example, the nature and duration of the penalty).
The provisions of the Regulation shall not lead to discrimination or inequality between employees.
the restrictions imposed by the regulation on employees must be justified by the nature of the activity to be carried out and proportionate to the intended purpose.
The rules of procedure shall be mandatory in undertakings with a workforce of 50 or more employees.
in undertakings with fewer than 50 employees, where the employer has established rules of procedure, it must comply with all the provisions applicable to undertakings with a workforce of 50 or more employees.
The rules of procedure must be made known by any means to the persons having access to the places of work and the premises where the hiring takes place (posting at the entrance of a workshop, dissemination on the company intranet site for example).
The rules of procedure are binding on all employees of the company, even if they were hired before their implementation.
An employee who does not comply with the provisions of the rules of procedure shall be subject to disciplinary sanctions provided for in the rules of procedure.
the provisions on hygiene, safety and discipline shall apply to all persons involved in the undertaking who are or are not bound by an employment contract (e.g. compliance with fire regulations by an external undertaking).
The employer's proposal must be submitted to the Social and Economic Committee..
The employer's proposal and the opinion of the employee representatives must be forwarded to the labor inspector.
Who shall I contact
It must then be filed at the registry of the council of prud'homme.
The rules of procedure must specify the date of their entry into force (at least 1 month after the completion of the last of the deposit and publicity formalities).
It may be amended, in particular by memoranda, updates (e.g. change in legislation), or any other document containing general and permanent obligations on the subjects covered by the Regulation. In this case, the employer follows the same formalities as when it was drawn up.
At any time, it may also be amended or invalidated at the request of the labor inspector or a judge (following a dispute).
the rules of procedure shall apply on the date of their entry into force even if the labor inspector has not made his observations known.
The employer may question the labor inspector to determine whether all or part of the rules of procedure are in conformity. The request shall be made in writing and shall specify the provision(s) on which compliance monitoring is required. It shall be accompanied by the text of the Rules of Procedure.
The labor inspector shall take a decision within 2 months of receipt of the application.
If he considers one or more provisions of the Rules of Procedure to be non-compliant, the labor inspector shall specify for each of them whether the provision should be withdrawn or amended.
- Disciplinary sanctions in the private sectorService-Public.fr