Internal regulations in SMEs: a strategic tool not just for large companies

Internal regulations are often perceived as a formal legal document reserved for large organizations. Yet they can play a decisive role in the day-to-day organization and legal security of small and medium-sized businesses. As an employer, you may not yet be legally bound by them, but adopting one now can greatly enhance your company’s internal stability and secure your HR practices.

Internal regulations: a clear framework for enforcing company rules

The internal regulations are a written document drawn up by the employer, setting out the rules applicable to health, safety, discipline and working conditions. In particular, they specify :

• schedules and attendance rules

• safety instructions

• prohibited behavior (harassment, misuse of professional tools, etc.)

• the nature of applicable disciplinary sanctions

Contrary to popular belief, this is not a cumbersome formality, but an operational tool that provides a clear framework for all employees and helps prevent disputes.

To find out more about mistakes to avoid when drafting

Check the essential clauses to be included

Obligatory for employees with 50 or more, but useful long before that

The introduction of internal rules is mandatory for all workplaces with 50 or more employees (article L1311-2 of the French Labor Code). They must be drawn up, submitted to the CSE for approval, then forwarded to the Labour Inspectorate.

But even below this threshold, many SMEs voluntarily choose to adopt it, as it offers them several advantages:

• define a common set of rules, particularly in disciplinary matters

• avoid arbitrary management of deviant behavior

• demonstrate, in the event of litigation, that employees had been properly informed of the rules in force

A tool for preventing disputes and ensuring legal certainty

In the event of disciplinary disputes or industrial tribunal litigation, having internal regulations in place can make all the difference. Employers can only punish employees if they have been informed in advance of the applicable rules and penalties.

Thus, the existence of internal regulations :

• justifies a disciplinary sanction (warning, suspension, etc.)

• protects the company against accusations of discriminatory or arbitrary treatment

• facilitates dialogue with employee representatives by providing a clear basis for discussion

Why SMEs stand to gain

In an SME, where hierarchical links are often more direct, a written document formalizing internal rules helps toalign practices, guarantee fair treatment between employees, and streamline day-to-day management.

In concrete terms, a well-structured set of internal regulations makes it possible to :

• avoid different interpretations by different managers

• establish a shared framework for the rules governing the use of digital tools, break times, alcohol and business telephones

• anchoring corporate culture in visible, accepted rules

It’s also an invaluable support for onboarding new employees, and a cornerstone for any structured HR communication.

How do you set up internal rules for SMEs?

Here are the key steps:

1. Define your company’s specific needs Depending on your sector (industry, services, shift work, etc.), certain issues will need to be prioritized: safety, clothing, use of equipment, confidentiality, etc.

2. The content must comply with the general principles of law, and contain no discriminatory clauses or provisions contrary to the law.

3. Involving employee representatives If a CSE is in place, the committee’s opinion is required prior to implementation. Even without a CSE, it is advisable to organize clear communication with employees.

4. Disseminate the rules Posting, handing them out on hiring, making them available on the intranet… Every employee must be able to read them at any time.

5. Follow and update regularly Any changes must follow the same procedure. Remember to adjust your rules in the event of legal or organizational changes (teleworking, security, RGPD…).

Our advice: anticipate rather than suffer

Even if you have fewer than 50 employees, adopting internal regulations allows you to :

• legally secure your disciplinary policy

• create a calmer, clearer working environment

• prevent high-risk situations (verbal violence, failure to comply with instructions, misuse of tools) from degenerating for lack of a clear framework

The firm recommendsdrawing up a set of rules adapted to the size and culture of your company, neither too rigid nor too vague, based on the themes that are really relevant to your business. It’s a simple process to implement, with a direct impact on your HR management and legal security.

Legal references to remember

Code du travail, article L1311-2 (obligation du règlement intérieur à partir de 50 salariés)
Code du travail, article L1321-1 et suivants (contenu et procédure d’élaboration)

Need help drafting or securing your internal regulations? The firm can help.