© - ATH all rights reserved - Edition 2024 16 EMPLOYER’S GUIDE 2024 COMPULSORY FOR COMPANIES WITH AT LEAST 50 EMPLOYEES Optional below the legal threshold of 50 employees (20 employees before January 1, 2020). Ask us about how to calculate the staff threshold. DRAFTING OF RULES AND REGULATIONS BY THE EMPLOYER It is the responsibility of the employer to draft the company’s rules and regulations. The rules and regulations are applicable to the employees and the employer itself. Ask us about how to draft your rules and regulations and the clauses that may be stipulated by your company (alcohol, drugs, neutrality, ICT ...) LIMITED CONTENT Health and safety as well as discipline comprise the main framework of the company rules and regulations. • H ealth and safety provisions The rules and regulations must include all the applicable provi- sions employees must comply with in order to protect their health and that of other people concerned, due to their actions and omissions at work. In particular, they provide the framework for blood alcohol level testing in the workplace. • Disciplinary provisions The rules and regulations must determine the general and permanent rules relating to discipline. In particular, they determine the nature and scale of sanctions the employer can take. In those companies where it is compulsory, a sanction can only be applied if it is stipulated by the rules and regulations. The rules and regulations set out the provisions relating to employees’ rights of defence and the provisions relating to psychological and sexual harassment and sexist acts stipulated by the French employment code. It also highlights the existence of the whistleblower protection mechanism. Make sure your rules and regulations do not include clauses that are non-compliant. Certain clauses of the rules and regulations cannot be imposed on all employees. They must be justified by the employee’s specific tasks and proportional to the aim sought. COMPANY RULES AND REGULATIONS 7 What you need to know : Company rules and regulations must be drafted by all employers who ordinarily have a staff of at least 50 employees. But they can also be useful in other companies. Règlement intérieur
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