Article 108 of the Material Labor Code sets out what a labor regulation must contain, and for reasons of space, we emphasize the following: as if that were not enough, the internal labor regulations allow organizations to comply with what the law stipulates. This is proof that the employer is truly committed to meeting the commitments it has to its employees. The elaboration of an internal working regulation is not an activity that ends, but must be updated from time to time: it is advisable to do so every two years. When creating an internal working rule, it is not a matter of copying formats from other companies, but should be done exclusively for your company. According to article 423 of the Federal Labour Code, the rules of labour law must contain the following points: The internal labour regulations are the mandatory provisions for employees and employers in the development of work in a company or institution. The goal of regulation within companies is to maintain a cordial, structured and orderly working relationship that facilitates relationships and teamwork, avoids misunderstandings and thus aims at productivity and the achievement of company objectives. As we can see, the creation of internal working rules requires the consideration of several aspects. Among them, the legal framework is one that provides precise guidance on how to develop. The rule states that it is not possible to discipline employees if such a procedure is not provided for in the labour regulations, so what about those who are not obliged to have a work arrangement? Internal work rules can also be used to show the transparency of the company.
This is achieved by clarifying not only the rules that workers must follow, but also those that fall under the responsibility of employers. VI. standards for the prevention of risks in the workplace and instructions for the provision of first aid; II. the place and time at which working days are to begin and end; Employees who believe that the provisions of the regulation violate the legal or contractual provisions in force in the workplace can take legal action. The nature of the regulation allows the employer (within the framework of the disciplinary authority) to decide on© the type of sanctions to be imposed. The employer must also©ensure that the suspension is distributed with caution and without benefit, as this affects remuneration. It`s important to monitor the results you give to know how effective it is; For example, you can realize from the performance of employees and their growth the implementation of internal work regulations. While both seek clarity as guidelines that promote their employees` productivity and a safe work environment, there are measures and details that are unique to each industry. It is always advisable to have an internal working arrangement, but not all companies are obliged to resolve it, only in the following cases: is the regulation the same as the employment contract? No, they are not the same. In fact, we could consider them complementary. While the employment contract sets out the rights and obligations of employees and employers, the regulation focuses specifically on obligations.
Although each internal regulation is designed according to the activities developed, the series of the company or the field in which it operates, in accordance with Article 423 of the LFT, the internal working regulations, must contain a minimum of specifications, which we list below. Without an established internal work regime, it would be impossible to impose sanctions on an employee, as there would be no normative or regulatory support to protect this decision and his or her rights could be violated. The labour regulations are an internal document of the company that contains the rules that govern the relationship between the employer and the employees, including criminal behavior, as well as the sanctions to be imposed and the procedure for their imposition. This is all the more important if the Regulation includes dismissal as a penalty, since in such a case it becomes essential that the employer follows the procedure envisaged for the application of that penalty. You already know what the internal working rules are. They also know what it is for and what it should contain. Now it`s time to tell you how to create it. Article 115 of the Substantive Labour Code expressly stipulates that before applying a disciplinary sanction, the employee must have the opportunity to be heard accompanied by two representatives of the trade union to which he belongs. GENTLEMEN, when a company does not have internal regulations of the work to which it is denounced. What are the implications? Companies that are affected by the current regulations and therefore have to develop the labor regulations are: The idea is that in any case there is a legal basis for imposing sanctions, because even if you have only one employee, problems arise and you need to solve them in the right way. To get better results, it is necessary that you do not do it yourself. You need to have meetings with the different employees to work together.
Setting the rules of work in a company is essential so that each member of the team knows the obligations, sanctions and benefits of their activity. This allows you to maintain an organized working relationship in which everyone knows what to do in the company. As for dismissal as a sanction, by its very nature, it is not a disciplinary sanction, so it is not necessary to include it in the labour regulations, but if this happens, the employer is obliged to follow the procedure provided for in the regulation in order to be able to dismiss the employee, because if he does not do so, it is bound by the regulations of: The dismissal has no effect within the meaning of article 115 of the Material Labour Code. The labour regulations must provide for all the behaviour that may be sanctioned, the sanction for any behaviour and the progressiveness of the behaviour or misconduct. This only applies if the internal rules include dismissal as a sanction, because if this is not the case, such an obligation does not exist, although in any case it is advisable to consult the employee before dismissal, whether this is mandatory or not. It is not necessary for labour regulations to be subject to the approval of an authority. However, the employer may impose the suspension several times as a sanction, provided that the suspension does not exceed the legal limits each time. It is for everyone to feel protected by the internal working rules, but also to specify what happens when there is a sanction so that there are no surprises.
Once all the measures have been taken, the company must publish the internal working rules and inform everyone by means of an internal circular, which must include the content of these and the date on which it will enter into force. Based on the above, you will know when it is appropriate to make adjustments to the internal working rules in order to achieve good results and achieve optimal functioning of the company. In the present case, the internal labour rules were challenged on the ground that they were intended to give the employer access to the e-mail granted to employees.