internal regulations
LexInter | June 26, 2002 | 0 Comments

INTERNAL REGULATIONS

Article L122-33
(Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973) (Law n ° 82-689 of August 4, 1982 art. 1 Official Journal of August 6, 1982)The establishment of internal regulations is compulsory in industrial, commercial or agricultural companies or establishments, public establishments of an industrial and commercial nature, public and ministerial offices, liberal professions, civil societies, professional unions, companies mutualists, social security organizations except those which have the character of a public administrative establishment, and associations or any private law body whatever their form and purpose, where at least twenty employees are usually employed.

Special arrangements may be established for a category of personnel or a division of the enterprise or establishment.

OBLIGATION TO ESTABLISH INTERNAL REGULATIONS

Workforce of twenty employees

Article L122-34
Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973) (Law n ° 82-689 of August 4, 1982 art. 1 Official Journal of August 6, 1982) (Law n ° 91-1414 of December 31, 1991 art. 3, art. 4 Official Journal of January 7, 1992 in force on December 31, 1992) (Law n ° 92-1179 of November 2, 1992 art. 10 Official Journal of November 4, 1992)
Article L 4122-1
The internal regulations are a written document by which the employer fixes exclusively:
– the measures of application of the regulations in terms of health and safety in the company or establishment, and in particular the instructions provided for in article L. 230-3  ; these instructions specify, in particular when the nature of the risks justifies it, the conditions of use of work equipment, personal protective equipment, dangerous substances and preparations; they must be adapted to the nature of the tasks to be performed;
– the conditions under which employees may be called upon to participate, at the employer’s request, in re-establishing working conditions which protect the safety and health of employees when they appear to be compromised;
– the general and permanent rules relating to discipline , and in particular the nature and scale of the sanctions that the employer may take.
It also sets out the provisions relating to the rights of defense of employees , as they result from Article L. 122-41 or, where applicable, from the applicable collective agreement.
It recalls the provisions relating to the abuse of authority in sexual matters , as they result in particular from Articles L. 122-46 and L. 122-47 of this code.
SUBJECT OF THE INTERNAL RULES

 

Article L122-35
(Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973) (Law n ° 82-689 of August 4, 1982 art. 1 Official Journal of August 6, 1982) (Law n ° 86-76 of January 17, 1986 art. 16 Official Journal of January 18, 1986) (Law n ° 94-665 of August 4, 1994 art. 9 I Official Journal of August 5, 1994) (Law n ° 2001-1066 of November 16, 2001 art. 1 II Official Journal of November 17, 2001)The internal regulations may not contain any clause contrary to laws and regulations as well as to the provisions of collective labor agreements and agreements applicable in the company or establishment. It cannot impose restrictions on the rights of individuals and on individual and collective freedoms which are not justified by the nature of the task to be accomplished or proportionate to the goal sought.

It may not include provisions injuring employees in their employment or their work, because of their sex, their morals, their sexual orientation, their age, their family situation, their origins, their opinions or confessions. , their physical appearance, their surname, or their handicap, for equal professional capacity.
The rules of procedure are written in French. (Provisions declared non-compliant with the Constitution by decision of the Constitutional Council n ° 94-345 DC of July 29, 1994.) It may be accompanied by translations into one or more foreign languages.

CLAUSES OF THE INTERNAL REGULATIONS

contract clauses in collective agreements and collective agreements   applicable in the company

legality of a clause providing for alcohol control Cass. soc. May 22, 2002

interior_regulations_and_l’alcootest_course

 

 

Article L122-36
(Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973) (Law n ° 82-689 of August 4, 1982 art. 1 Official Journal of August 6, 1982)The internal regulations can only be introduced after having been submitted to the opinion of the works concil or, failing that, to the opinion of the staff representatives as well as, for matters falling within its competence, to the opinion. of the health and safety committee .

The internal regulations must indicate the date from which they come into force. This date must be one month later than the completion of the filing and publicity formalities.

At the same time as it is the subject of the publicity measures, the internal regulations, accompanied by the opinion of the works council or, failing that, the staff representatives and, where applicable, the health committee and safety, is communicated to the labor inspector.

The provisions provided for in the preceding paragraphs are applicable in the event of modification or withdrawal of the clauses of the internal regulations.

CONSULTATIONS

Works council

Health and Safety Committee

Article L122-37
(Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973) (Law n ° 82-689 of August 4, 1982 art. 1 Official Journal of August 6, 1982) (Law n ° 94-665 of August 4, 1994) art. 9 III Official Journal of 5 August 1994)The labor inspector may at any time demand the withdrawal or modification of the provisions contrary to Articles L. 122-34, L. 122-35 and L. 122-39-1.
This decision, with reasons, is notified to the employer and communicated, for information, to the members of the works council or, failing that, to the staff representatives, as well as to the members of the health and safety committee for matters. falling within its competence.
When, on the occasion of an individual dispute, the industrial tribunal rules out the application of a clause contrary to Articles L. 122-34, L. 122-35 and L. 122-39-1, a a copy of the judgment is sent by the registry office to the labor inspector and to the staff representatives mentioned in the first paragraph of article L. 122-36.
CONTROL OF INTERNAL REGULATIONS

 

 

Article L122-38
Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973) (Law n ° 82-689 of August 4, 1982 art. 1 Official Journal of August 6, 1982)The decision of the labor inspector or similar official may be appealed within two months to the regional director of labor and employment or, in branches of activity falling under the control of labor regulations, under the jurisdiction of the Minister of Transport and the Minister of Agriculture, with the official responsible for monitoring labor regulations in these branches.

The decision of the regional director of labor and employment, or, in branches of activity not falling within the competence of this director, that of the official responsible for monitoring labor regulations in the branch in question, is notified to employer and communicated, for information, to the members of the works council or, failing that, to the staff representatives, as well as to the members of the health and safety committee for matters falling within its competence.

HIERARCHICAL APPEAL AGAINST THE DECISION OF THE LABOR INSPECTOR

 

REMEDIES FOR EXCESS OF POWER AGAINST ADMINISTRATIVE DECISIONS

Article L122-39
(Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973) (Law n ° 82-689 of August 4, 1982 art. 1 Official Journal of August 6 , 1982)The memoranda or any other document which contains general and permanent prescriptions in the matters mentioned in article L. 122-34 are, when there are internal regulations, considered as additions to these internal regulations; they are, in any event, subject to the provisions of this subsection.

However, when the urgency justifies it, the prescriptions relating to hygiene and safety can be applied immediately. In this case, these prescriptions must immediately and simultaneously be communicated to the secretary of the health and safety committee, to the secretaries of the works council and to the labor inspectorate.

SERVICE NOTES
Article L122-39-1
(inserted by Law n ° 94-665 of August 4, 1994 art. 9 II Official Journal of August 5, 1994)Any document containing obligations for the employee or provisions the knowledge of which is necessary for the latter for the performance of his work must be written in French. (Provisions declared not in conformity with the Constitution by decision of the Constitutional Council n ° 94-345 DC of July 29, 1994.) It may be accompanied by translations into one or more foreign languages.
These provisions are not applicable to documents received from abroad or intended for foreigners.

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