The internal rules are fundamental to the working relationship established between employer and employee, alongside the individual employment contract and the collective labour agreement. Unlike the two last contracts, which are negotiated between the parties, the internal rules are a unilateral act of the employer, which sets out the essential clauses on which he will base certain decisions, such as disciplinary sanctions. 

Within 60 days of acquiring legal personality, employers must draw up internal rules.

The internal rules must be respected by all employees and by the employer. This document can be a particularly useful tool in unpleasant situations where companies have conflicts with employees, but only if the document is properly and completely drafted and complies with the essential conditions established by current legislation. Thus, according to the Labour Code, internal rules are drawn up by the employer, in consultation with the trade union or employee representatives, as appropriate, and must contain at least the following categories of provisions:

• rules on protection, hygiene and safety at work in the entity;
• rules regarding the principle of non-discrimination and the elimination of any form of violation of dignity;
• the rights and obligations of both the employer and employees;
• the procedure for the amicable settlement of individual labour disputes, requests or individual complaints by employees;
• specific rules on work discipline in the establishment;
• disciplinary misconduct and applicable sanctions;
• rules on disciplinary procedure;
• the application of other specific legal or contractual provisions;
• criteria and procedures for the professional evaluation of employees.
• rules on notice/ warnings;
• information on the general training policy for employees, if any.

In addition to detailing the mandatory information required by law, the internal rules must be drafted according to the company's individual business strategy so that the rules of labour discipline are really concrete and applicable to certain employees. For example, if an employer chooses to copy a regulation belonging to another company with a different or even similar business purpose, but with a different organisational and departmental structure, it is very likely that the rights, obligations and responsibilities of employees will not correspond to their actual situation. In such a situation, the employer will not be able to invoke the provisions of the internal regulation because the organisation of its employees does not correspond to the pattern of activities described in the "borrowed" regulation.

On another note, the employer is required to inform each employee of the provisions of the internal rules on the first day of work and to provide proof of compliance with this obligation. Employees may be informed of the provisions of the internal rules either on paper or electronically. In the second case, the document is accessible to the employee and can be stored and printed by him. The fulfilment of the obligation to inform may be proved by filling in a report or by recording the acknowledgement of receipt of the document via e-mail or within an internal employee work application. 

Why is it so important for the employer to have proof of communication of the internal rules? Because the rules take effect in relation to the employee from the moment of notification. In other words, if the employer cannot prove that he has informed the employee of the company's rules of conduct, the employee cannot, for example, incur a disciplinary penalty or be held liable for material damage. 

In addition, any change in the content of the internal rules is subject to the procedures for informing the staff. 

Even if the internal rules are a unilateral act of the employer, any employee concerned may submit a complaint to the company regarding the provisions of the document if he can prove that his rights have been infringed. The legality of the provisions contained in the internal rules is subject to review by the courts, which may be requested within 30 days from the date on which the employer informs the employee of how the complaint has been dealt with.

Author: Attorney at law, Ana Maria Nistor, Law Office Grecu & Partners.

- This is native content with Labour Law info by Grecu Partners.