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Book III: Internal regulations and disciplinary law

Article L1311-2 of the French Labour Code

The establishment of internal regulations is compulsory in undertakings or establishments employing at least fifty employees. The obligation provided for in the first paragraph applies at the end of a period of twelve months from the date on which the threshold of fifty employees is reached, in accordance with article L. 2312-2. Special provisions may be established for a category of personnel or a division of the company or establishment.

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Article L1321-1 of the French Labour Code

The internal regulations are a written document in which the employer exclusively lays down : 1° The measures for applying health and safety regulations in the company or establishment, in particular the instructions provided for in Article L. 4122-1; 2° The conditions under which employees may be called upon to participate, at the employer’s request, in restoring working conditions which protect the health and safety of employees, should these appear…

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Article L1321-2 of the French Labour Code

The internal regulations set out : 1° The provisions relating to employees’ rights of defence as defined in Articles L. 1332-1 to L. 1332-3 or by the applicable collective agreement; 2° The provisions relating to moral and sexual harassment and sexist behaviour as set out in this Code; 3° The existence of the whistleblower protection scheme provided for in Chapter II of Law 2016-1691 of 9 December 2016 on transparency,…

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Article L1321-2-1 of the French Labour Code

The internal regulations may contain provisions enshrining the principle of neutrality and restricting the expression of employees’ beliefs if these restrictions are justified by the exercise of other fundamental rights and freedoms or by the needs of the smooth running of the company and if they are proportionate to the aim pursued.

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Article L1321-3 of the French Labour Code

The internal regulations may not contain : 1° Provisions contrary to the laws and regulations and to the stipulations of the collective labour agreements applicable in the company or establishment; 2° Provisions that restrict personal rights and individual and collective freedoms in a way that is neither justified by the nature of the task to be performed nor proportionate to the aim pursued; 3° Provisions that discriminate against employees in…

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Article L1321-4 of the French Labour Code

The internal rules may only be introduced after they have been submitted to the Social and Economic Committee for its opinion. The internal regulations shall indicate the date of their entry into force. This date must be one month after the formalities for filing and publication have been completed. At the same time as it is published, the internal regulations, together with the opinion of the Social and Economic Committee,…

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Article L1321-5 of the French Labour Code

Memoranda or any other document containing general and permanent obligations in the matters mentioned in articles L. 1321-1 and L. 1321-2 are, where there are internal regulations, considered as additions to the latter. In any event, they are subject to the provisions of this Title. However, where justified by an emergency, health and safety obligations may be applied immediately. In this case, these requirements are immediately and simultaneously communicated to…

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Article L1321-6 of the French Labour Code

The internal regulations are drawn up in French. They may be accompanied by translations into one or more foreign languages. The same applies to any document containing obligations for the employee or provisions of which knowledge is necessary for the performance of his work. These provisions do not apply to documents received from or intended for foreigners.

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