The internal regulations are the document that sets the schedule, workplace conduct, and disciplinary measures within a business. The Labor Code does not require it for every enterprise, but in practice it makes it necessary, because it is precisely through it that the start and end times of work are determined, and because disciplinary measures must be written down somewhere when the business does not have a collective bargaining agreement.
This page shows when it becomes mandatory, what it must contain, and how it must be communicated to employees in order to be valid.
Read also: Employment Contract: The Complete Guide
The code does not contain a single provision stating that every business must have regulations. It contains three provisions that, taken together, make it inevitable.
| Obligation | What does it require? | Article |
|---|---|---|
| Disciplinary measures | The types and procedures are specified in the contract if there is no collective bargaining agreement. | March 21, letter h |
| Work schedule | The start and end times are determined by the internal regulations. | 79/1 |
| Harassment | The employer posts provisions on moral and sexual harassment and sanctions. | 32/1 |
So the internal regulation is not a stylistic choice. It is the place where three obligations come together that would otherwise have to be written in each contract separately.
There is no number of employees below which these obligations do not apply. A business with four employees has the same obligation for disciplinary measures and for posting the provisions as one with forty.
Read also: The twelve mandatory elements of the contract
The content is divided into two parts: what the law requires and what practice requires.
This is the main reason why the internal regulation exists. Without it, every measure taken remains without a written basis and is easily challenged.
Article 21, paragraph 3, letter h, requires that the types and procedures of disciplinary measures be provided for when the business does not have a collective bargaining agreement. The internal regulations are the natural place to set them out once and for all and apply to everyone.
The order we use is as follows: oral notice recorded in the file; written notice; final written warning; termination of the contract under the Section 144 procedure.
Each level must state which behaviors trigger it and who makes the decision.
An employee is systematically late. Without a policy, the employer has no basis for a warning, and termination after three months seems sudden. With a policy, the file shows three dated warnings, each signed, and the termination stands because the process is documented.
Article 203 sets the deadline. The statute of limitations for the disciplinary measure is one year from the moment it is imposed, as notified in writing to the employee. After that deadline, it can no longer be used as a precedent.
Read also: Ending the relationship, procedure and deadlines
Article 79, paragraph 1, is explicit. The starting and ending times of work are determined by the internal regulations, within the limits provided by law.
The timing and duration of breaks during the workday are determined in the collective bargaining agreement or in the individual employment contract.
When the business operates on shifts, the internal regulations determine the order and method of notification. Article 79/1 defines shift work as work performed by employees who succeed one another in the same job, according to a predetermined sequence.
Notice: The internal regulations cannot set a schedule exceeding 8 hours per day or 40 hours per week as the standard. They only allocate hours within the legal limits. Any hours above those are overtime and are paid at the appropriate rate.
Read also: Overtime, night, and holiday supplements
A regulation that the employee has not been shown to have been aware of cannot be enforced against him. Therefore, the order of actions matters.
For new employees, the contract is introduced on the first day, along with signing it. This is the only way for it to be valid from day one.
Read also: The employee's file and the documents kept
This is the template we use for a business with up to twenty employees. Copy it, replace the fields in brackets, and remove any parts that don't apply to your activity.
Internal Work Regulations
[Company Name], NIPT [number], with its registered office at [address]
Approved by decision no. [number], dated [date], of the administrator.Section I. Field of Application
This regulation applies to all employees of [company name], regardless of contract type. It supplements the individual employment contract and may not provide less than what the Labor Code requires.Chapter II. Work Schedule
Work starts at [time] and ends at [time], from Monday to [day].
The daily break is [minutes] minutes, from [time] to [time].
Entry and exit are recorded in [mode of recording].
Delays of [minutes] minutes are to be reported in advance to [position].Chapter III. Absences and Leaves
The request for annual leave must be submitted in writing at least [number of days] days in advance.
Absence due to illness must be reported on the first day, and the report must be submitted within [days].
Annual leave is no less than 22 working days per year.Chapter IV. Employee Obligations
Performing the work with proper care and according to instructions.
The maintenance of the tools and environments provided.
Maintaining confidentiality of business and client data.
Enforcement of safety rules and use of protective equipment.Chapter V. Disciplinary Measures
The measures are, in order, an oral warning recorded in the file, a written warning, a final written warning, and termination of the contract pursuant to Article 144 of the Labor Code.
The measure is taken from [position], after the employee has been heard.
The employee is notified in writing, and a copy is kept in the employee's file.
Disciplinary action expires one year from the date of notification.Chapter VI. Moral and Sexual Harassment
Any form of moral or sexual harassment is prohibited. Complaints should be submitted to [position] and will be handled confidentially within [number of days]. No adverse action will be taken against the complainant as a result of the complaint. This notice will be posted in a conspicuous location in the workplace.Chapter VII. Entry into force
This regulation takes effect on [date] and is communicated to employees by signature.Administrator [name and signature]
Internal Regulation Acknowledgment List
[Company Name], regulations approved by decision no. [number], dated [date]
The undersigned below declare that they have received, read, and understood the internal work regulations and that they have been provided with a copy of them.
First name and last name, position, date, signature
This list is kept by the employer, and a copy is placed in each employee's file.
Both of these templates have been prepared by AlProfit Consult and are updated whenever the Labor Code changes. For our clients, they are customized according to their business activity and number of employees.
Read also: All employment models and forms
The order is clear and does not change. The law stands above all. Then comes the collective agreement, when one exists. Then the individual contract. The internal regulations come last.
This means that it cannot grant less than the law requires and cannot change a term agreed upon in the individual contract. When it conflicts with either of them, that part of it does not apply.
What it can do is offer more. An extra day off, a longer break, or a more favorable procedure are all perfectly valid.
The code does not require it in a single article, but makes it mandatory through three obligations. The schedule is set by it under Article 79, disciplinary measures must be documented under Article 21 when there is no collective bargaining agreement, and the provisions on harassment must be posted under Article 32.
No. There is no threshold below which these obligations do not apply.
Yes, in practice this is essential. Without proof that the employee was aware of it, the regulation cannot be enforced against him.
The start and end times are set by regulation within legal limits. When an individual contract specifies a particular schedule, changing it requires an additional act.
One year from the date of its receipt, as notified in writing pursuant to Article 203.
No. Disciplinary measures do not include pay cuts as a sanction. Pay deductions have their own rules and are not used as punishment.
The contract is enforced. The regulation comes after the law, the collective bargaining agreement, and the individual contract, so it cannot change them.
Yes, whenever the law or the organization of work changes. The old four-week leave provision is the most common example still encountered.
Read also: Proper reporting of employees and wages
