Within your business, just as within any organization, discipline is an essential component to the proper functioning of your organization. Each company is free to adopt its own method of ensuring discipline as long as it respects the laws in force. But then how can we ensure that discipline is respected?
Discipline refers to a set of obligations that govern a community and aim to maintain order. It refers to a precise course of action. In business, it particularly promotes cohesion and good organization of teams.
Discipline is part of the internal regulations
As a leader, you have disciplinary power. In other words, you decide unilaterally, that is to say by your own will, and your decisions are binding on all employees. You decide how you organize your company.
THE Social and Economic Committee (CSE) must be consulted for an opinion (which remains advisory). Note that the old bodies (CHSCT, staff delegates) have been entirely merged within the CSE. You must also send a copy (or file it electronically) to the DREETS (Labor Inspectorate) as well as at the registry of the industrial tribunal.
The internal regulations apply to many establishments, in particular industrial, commercial or agricultural companies, public or ministerial offices, liberal professions, unions, mutual societies, social security organizations, associations and civil societies. The employer must put it in place when the workforce reaches at least 50 employees for 12 consecutive monthsin accordance with the provisions in force.
The content of the internal regulations
The internal regulations constitute a mandatory document for your company.
- It defines the rules that everyone must respect.
- It also recalls the applicable guarantees and specifies the provisions relating to health, hygiene and safety.
- It also regulates the rules concerning moral and sexual harassment as well as sexist behavior.
These regulations must comply with the provisions of the collective agreement for your branch or sector of activity. It must also take into account applicable company agreements. Labor law imposes a hierarchy of standards which articulates the legal framework and collective agreements.
The internal regulations apply to all members of the company. It thus contributes to organizing collective life. The hierarchy ensures its respect and application. It may also grant exemptions when the situation warrants it.
The regulation also provides for applicable sanctions in terms of discipline, health and safety. They concern everyone who works in the company. Depending on the sector of activity, memoranda or internal regulations may supplement these provisions.
An obligation to make it known
The internal regulations must be brought to the attention of all staff by any means giving it a certain date (display, availability on the company intranet or electronic sending).
The absence of internal regulations in a company with at least 50 employees, the presence of a procedural defect in its development, or the maintenance of a clause declared illegal by the labor inspector, results in a 4th class fine for the employer (up to €750 fine for a natural person or €3,750 for a legal entity).
It takes effect as soon as possible one month after completion of the filing and advertising formalitiesthus becoming enforceable against all staff. Without completing these information and transmission formalities, you will not be able to validly sanction your employees or enforce discipline.
Discipline provisions
In connection with the discipline, several provisions are planned:
- Working hours and methods: Employees must respect established schedules. This obligation also concerns the rules applicable to remote working or teleworking. They must be present at their post at the set times.
- Access to the company: The regulations define the conditions of entry and exit of personnel. It also specifies the rules for access to the premises. The entry of outsiders without prior authorization may be prohibited.
- Use of premises and equipment: The regulations govern outings during working hours. It also specifies the conditions of use of the company’s professional equipment and digital tools. Employees must respect computer security instructions.
- Execution of professional activity: Each employee must respect the instructions of their hierarchical superiors, in compliance with legal, ethical and professional rules. He must also respect the specific character of the establishment and his duty of professional discretion.
- Lateness and absences: Employees must justify any lateness or absence as soon as possible. In the event of absence due to illness or accident, they must send a medical certificate within the time limit provided for by the applicable provisions, often set at 48 hours. Any other unforeseeable absence must also be promptly justified, according to the rules in force in the company.
- Prohibition of discrimination and harassment: No employee, trainee or candidate for recruitment or training may suffer direct or indirect discrimination. This protection concerns in particular remuneration, training, qualification, classification, promotion, transfer or renewal of the contract. It applies in particular when a person has suffered or refused to suffer sexual harassment, sexist behavior or moral harassment. The perpetrators of such actions are subject to disciplinary sanctions.
Between faults and sanctions
Holder of disciplinary power, you have the possibility of sanctioning faulty behavior on the part of your employees. There is no exhaustive legal definition of fault: “Any action by the employee considered to be at fault by the employer constitutes a fault”.
There are different degrees of faults:
- Simple/slight fault: Low severity violation.
- Serious fault: Breach making it difficult to maintain the contract but allowing notice.
- Serious fault: Action of such seriousness that it makes it impossible for the employee to remain in the company and requires their immediate departure (without notice or severance pay).
- Serious fault: Serious misconduct committed with theintention to harm to the employer or company.
“Constitutes a sanction any measure, other than verbal observations (= any disciplinary sanction must be formulated in writing), taken by the employer following an action considered by him to be wrongful, whether or not this measure is likely to affect the presence of the employee in the company, his position, his career or his remuneration. »
Certain sanctions remain strictly illicit : financial sanctions (deductions from wages), discriminatory sanctions and those linked to the exercise of a fundamental right or to private life. However, if a fact arising from private life causes a serious objective disturbance to the functioning of the company, an appropriate measure may be considered. You retain the right to individualize sanctions and to take into account disciplinary history not prescribed (within the limit of 3 years) to assess recidivism.
Legal appeals against the sanction
The employee has the possibility of contesting the sanction by contacting the Industrial tribunal. The latter may decide to cancel a sanction if it is:
- Irregular in shape: Non-compliance with the disciplinary procedure (call deadline, prior interview, notification after 1 month deadline, etc.);
- Unjustified: Absence of proof materializing the fault or proof obtained by illicit means;
- Disproportionate: Excessive sanction in view of the seriousness of the breach committed.
In the event of annulment by the industrial tribunal, the employer has the possibility of imposing a new proportionate sanction within one month of notification of the judgment.
