How internal regulation shapes the employee-employer relationship

In work environments, the internal regulation represents an essential tool for the proper organization and functioning of the relationship between the unit and the employees. This document, in accordance with the norms of labor law, regulates various aspects of professional life and contributes to the stability and transparency of relations between employers and employees.

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What is the internal regulation?

The Labor Code does not provide an express definition of what the internal regulation represents, but the set of regulations in the matter allows the following conclusion: the internal regulation is a set of norms and / or rules applicable at the level of an organization, regarding employees or other categories of staff .

Why does it exist? Labor law has embraced the drafting of internal regulations as a method of protecting employees against possible abuses or various subjective provisions that some employers might adopt. In reality, the role of the internal regulation exceeds this initial purpose, also protecting the employer from various unacceptable behaviors on the part of employees.

Are employers bound to enact internal regulations?

Yes. Regardless of the organization's field of activity or the number of employees, the employer has the obligation to draw up an internal regulation.

The internal regulation is a unilateral document, the content of which is established by the employer, the employees not having the opportunity to negotiate as in the case of the individual employment contract. However, when drawing up the internal regulation, the employer consults the union or the employee's representatives.

On the first working day of each employee, the employer has the obligation to inform him of the provisions of the internal regulation and to keep the proof that he has done so. The obligation is fulfilled when the employer keeps a written or electronic document through which the employee certifies that he is aware of the content of the internal regulation.

In the event that the employer provides the internal regulation in electronic format, it is mandatory that the respective document is accessible to the employee, that it can be stored and printed by him.

Is there a mandatory content of the internal regulation?

The labor code lists the minimum content of the ROI, but employers can include in it complex provisions to ensure as transparent a relationship as possible in the relationship with employees.

The mandatory provisions of the internal regulations must refer to:

rules generally applicable at the workplace, regarding the protection, hygiene and security at work within the unit, the implementation of the rules regarding the prevention of discrimination and the removal of any form of violation of dignity at the workplace.

the rights and obligations of employees, including regarding the execution of individual employment contracts, their termination, notice periods, information regarding the general employee training policy, the criteria and procedures for professional evaluation of employees.

rules regarding working hours. ROI indicates the normal working hours, overtime duration, recovery method, as well as employees' entitlements to holidays and other benefits. This ensures that workers' rights are respected and prevents abuses by employers.

the procedure for the amicable settlement of individual labor conflicts, requests or individual complaints of employees, the procedure related to the organization and conduct of disciplinary investigations.

rules regarding work discipline in the unit, disciplinary violations, applicable sanctions.

the ways of applying other specific legal or contractual provisions, depending on the specific needs of the unit that adopts it. Thus, the employer can adopt by internal regulation codes of professional conduct, deontological rules, rules for the prevention of fraud or the protection of personal data.

Are you allowed to amend the internal regulation?

Of course, it is even advisable that it be constantly updated according to the evolution of the legislative provisions in labor law. However, the changes will have to be brought to the attention of the employees following the information procedure from the moment the employment relations begin.

When you are not convinced that you have included all the mandatory provisions in the regulation, seek legal assistance from a lawyer. It's a minimal effort you can make to prevent contentious interactions with employees.

The disciplinary incentives of the internal regulation

In the context of employment law, internal regulations also have an important function in managing disciplinary misconduct and applying sanctions where necessary. It can define behaviors considered misconduct within the unit and applicable remedies for deviations from established norms, thereby ensuring discipline and promoting professional behavior among employees.

However, the internal order regulation cannot establish disciplinary sanctions different from the legal ones, nor replace or aggravate them.

Why should you care about internal regulations?

As an employer, you want to reduce the chances of your business becoming the subject of investigations by state authorities or courts. The Labor Code grants employees the right to trigger the control of the legality of the provisions of the internal regulation, both at the level of the employer and externally, by referring the competent courts.

The employee who believes that he is prejudiced by the provisions of the internal regulation will escalate this at the level of the unit, the employer having the obligation to respond. The unfavorable solution given by the employer can be challenged within 30 days before the judges, who can be requested to cancel the non-compliant provisions contained in the internal regulations.

The procedure before the employer is not mandatory, the employee can go directly to the courts. 

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In conclusion, the internal regulation represents a pillar in labor relations, providing a legal and organizational framework necessary for the operation of a company. The implementation of a well-drafted regulation appropriate to the specifics of the company contributes to maintaining a healthy professional environment and provides the basis for effective collaboration between employers and employees. It may be a good idea to consult a lawyer to make sure you are using the right regulation - it's a long-term investment that saves you trouble later!