© - ATH all rights reserved - Edition 2024 17 2024 EMPLOYER’S GUIDE CSE CONSULTATION The company rules and regulations must be submitted to the Social and Economic Committee for its approval. If the CSE is not consulted, they cannot be applied to the employees. If this consultation is not carried out, the employer incurs the penalty for the offence of obstruction, namely a fine of € 7,500. APPROVAL BY EMPLOYMENT INSPECTORATE The employer must submit the rules and regulations and the written opinion of the social and economic committee to the employment inspectorate. The employment inspectorate checks the content of the rules and regulations when it receives a copy thereof, but also, subsequently, at any time. In addition, the employer may ask the employment inspectorate to deliver an explicit decision on the compliance of all or part its rules and regulations, via a « ruling » procedure. The employment inspectorate can require the withdrawal or modification of any non- compliant provision. OTHER REGISTRATION AND NOTICE FORMALITIES The rules and regulations must be filed with the registry of the industrial tribunal. They are brought to the attention of persons having access to the work premises or the premises where the employee is hired. If necessary, they may be accompanied with translations into other languages. They must be regularly updated. Make sure that the same notice procedure is implemented for any subsequent modification of your company rules and regulations. EFFECTIVE DATE The company rules and regulations indicate their effective date which is at least one month after the last notice formality. Breaches of any of the provisions of the company rules and regulations are liable for a category 4 fine (amount page 85). IT POLICY The implementation of an IT policy enables the employer to improve the security of its IT system used by employees. It is also a tool to protect personal data. An IT policy is drafted and subject to the procedures for the adoption of company rules and regulations in the case where the employer wishes to lay down rules of conduct for the use of computer equipment, which are mandatory and for which non-compliance incurs disciplinary action. An IT policy is not mandatory but strongly recommended. The employer can also draw up a safety charter for remote working.
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