Employment law
Drafting the internal rules
A standard outline, the clauses to write, those to leave out, and the timetable of deadlines.
Drafting internal rules is not a matter of writing down whatever the company wishes to prohibit. Their content is limited by law to four areas, the procedure imposes its deadlines, and the labour inspector checks compliance before granting approval.
This guide follows the real order of the work: define the scope, build the outline, draft each part, then run the timetable. On the legal regime of the document, see Internal rules.
1. Before drafting: three checks
| Check | Why it governs what follows |
|---|---|
| Does the workforce reach ten salaried workers? | Above that, the rules are compulsory; below, they remain possible but follow the same procedure |
| Are the staff delegates duly designated? | Without counterparts, consultation cannot take place and the file will be incomplete |
| Which collective agreement applies? | It may already settle certain points; the rules can neither contradict it nor reduce its advantages |
A fourth, more strategic question: does the document already exist under another name? An "internal charter" or "service note" laying down disciplinary rules falls under the internal-rules regime, whatever its title. Better to absorb it into the draft than to let it run in parallel.
2. The standard outline
The outline follows directly from the exhaustive content set by law. Four parts, plus the framing provisions:
| Part | What it contains |
|---|---|
| Preamble | Purpose, scope, persons covered, relationship with the collective agreement and the contracts |
| I. Technical organisation of work | Hours, entry and exit, time recording, absences and lateness, use of premises, equipment and vehicles |
| II. Hygiene and safety | Applicable requirements, protective equipment, what to do in case of accident, medical examinations |
| III. Discipline | Expected conduct, scale of sanctions, how they are imposed |
| IV. Salary payment arrangements | Frequency, date, place and form of payment, issue of the payslip |
| Final provisions | Entry into force, amendment procedure, posting locations |
Labour Code, Article L.64 (French).
3. Drafting the discipline section
This is the most read and most contested part. Three principles govern its drafting.
Describe conduct, not people. A useful rule states a verifiable fact, "leaving one's post without authorisation", "failing to wear the protective equipment provided", rather than a judgement.
Set a scale, without automaticity. The scale shows the gradation, but the sanction must remain proportionate to the facts:
| Sanction | Scope | Limit |
|---|---|---|
| Warning | A written call to order | - |
| Reprimand | A more serious written sanction, placed on file | - |
| Temporary lay-off | Suspension of contract and pay | Eight days maximum |
| Termination of contract | Where the facts justify it | The statutory regime of the contract concerned |
Leave out what is prohibited. No fines, no pecuniary sanctions, no disciplinary deductions from pay: such clauses will not be approved, and would have no effect if they were. Nor any distinction based on sex, family situation, or political or religious beliefs. Labour Code, Articles L.34, L.69 and L.121 (French).
In practice, it is useful to provide that the employee is given an opportunity to explain themselves before any sanction other than a warning, and to keep a written record of that exchange. The Code does not require this procedure, but it is what will make the sanction provable if challenged.
4. Drafting the hygiene and safety section
This part gains from being operational rather than declaratory. Three blocks usually suffice:
- permanent requirements: protective equipment provided and mandatory, restricted areas, prohibitions attached to high-risk posts;
- what to do in case of an incident: who to alert, within what time, and in what form, this is what makes accident reporting deadlines achievable;
- medical monitoring: compulsory examinations, the obligation to attend, and no loss of pay for the time spent.
Rules that merely state "everyone looks after their own safety" add nothing. Rules that say where the equipment is, who to alert and within what time become a prevention tool.
5. Drafting the salary section
Mind the scope: the rules deal with payment arrangements, not amounts. They state the frequency, date, place and form of payment, and how the payslip is issued.
They do not state pay scales, bonuses or individual pay terms: those belong to the contract, the collective agreement or an establishment agreement.
6. The timetable
Implementation takes roughly two and a half months once the draft is written. It must therefore be anticipated, particularly where the rules are meant to accompany a reorganisation or a recruitment drive.
| Step | Time | Running total |
|---|---|---|
| Drafting | Variable | - |
| Sending to staff delegates and collecting their observations | 15 days | D+15 |
| Transmission to the labour inspector, in two copies, with the observations and written reasons for those not retained | - | D+15 |
| Review by the inspector: approval or request for changes | 1 month | D+45 |
| Waiting period before entry into force | 20 days | around D+65 |
Two points to watch. Transmission must include the delegates' observations, failing which the file is incomplete. And the rules apply only once the twenty days following approval have elapsed: a sanction imposed before then rests on a text not yet in force. Labour Code, Articles L.65, L.66 and L.68 (French).
7. Pre-transmission checklist
- Does the draft stay within the four permitted areas?
- Does any clause set pay amounts?
- Are there any fines, pecuniary sanctions or disciplinary deductions?
- Any distinction based on sex, family situation, or political or religious beliefs?
- Is temporary lay-off properly capped at eight days?
- Does the draft contradict or reduce any advantage in the collective agreement?
- Are the delegates' written observations attached, with reasons for those not retained?
- Is the file being sent in two copies?
- Have the posting locations been identified?
Key takeaways
| The stage | The point to watch |
|---|---|
| Define the scope | Four areas only; the rest belongs to the contract or the collective agreement |
| Draft the discipline section | Describe facts, grade the sanctions, exclude all fines |
| Draft hygiene and safety | Prefer operational to declaratory: who to alert, within what time |
| Draft the salary section | Payment arrangements, never amounts |
| Consult and transmit | 15 days for the delegates; their observations go with the file |
| Wait | 20 days after approval before applying anything |