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The internal regulations are an essential tool of the employer in relation to the employees. This regulation shall be prepared by the employer, with or without consulting the union or the employee representatives, as appropiate.
The Labor Code regulates the matters related to internal regulations in the articles 241-246.
The internal regulations represent a binding document, which the employer must present at the request of labor inspection and that issued within 60 days from the date of acquiring legal personality by the company.
Legal note (art. 246 of the Labor Code)
(1) Preparing the internal regulations of every employer shall take place within 60 days of the entry into force of this Code.
The next types of provisions should be included in the internal regulations so that the law be respected:
a) rules on the protection, hygiene and safety at work in the unit;
b) rules on non-discrimination and the removal of all forms of violation of dignity;
c) rules on protection of maternity;
d) the rights and obligations of employers and employees;
e) the procedure for claim / complaint settlement of individual employees;
f) specific rules on labor discipline in the unit;
g) disciplinary offenses and penalties;
h) rules relating to disciplinary proceedings;
i) other ways of implementing specific legal or contractual provisions;
j) the criteria and the procedures for evaluating professional employees.
The internal regulations may not impose disciplinary sanctions or different from those stipulated in the Labor Code or other special regulations.
Read also the Summary internal regulations model
The provisions of the internal regulations, based on legal grounds, may legitimize the decision for sanctioning an employee.
The employer has the obligation to inform employees the provisions of the internal regulations that becomes effective upon notification, under Article 243 of the Labor Code.
The handy procedure for proof of notice to employees on internal regulations is their signatures that they are aware. Similarly, any change of the internal regulations content must be submitted to employees.
The law requires that the internal regulatons shall be displayed at the employer headquarters.
If the provisions of internal regulations violate any right of the employee, he is entitled to notify the employer and, at the same time, have to prove the violation. Also, the employee has the right, within 30 days of the response received by the employer on the notification made, to apply to the court to examine the legality under Article 245 of the Labor Code.
The delegation and the detachment include specific elements according to can be determining whether the delegate / detached employees in a company are required to comply with the internal regulations of the organization.
Whether the employee is delegate or detached, the company in which he will operate will bring to his attention the internal regulations and will train him on labor protection. The delegate/detached employee will have to respect the internal regulations of the unit in which he operates. Also, the employee will receive the more favorable provisions reguarding the rights and the benefits under the contract / detachment or delegating decision.
Legal note (art. 42, paragraph (2) and Art. 47, paragraph (2) of the Labor Code)
(2) During the delegation or the detachment, the employee keeps the function and all other rights stipulated in the labor contract.
(2) During the detachment the employee benefits for the more favorable rights, or of the seconding employer or of the employer to which he is detached.
On the other hand, when a detached employee has a disciplinary investigation, this research will be done at the initial employer. The employer applies the internal regulations that was violated, of the employer to whom the detachment was made or of the employer who detached.
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