Internal regulations
In addition to collective agreements (see Negotiations with trade unions), the employer may also regulate rights and obligations through internal regulations. A special type of internal regulations is work rules. By an internal regulation, the employer may establish rights in labour relations more favourably than the Labour Code. For example, the employer may extend the length of leave to which the employee is entitled or provide higher overtime pay, higher severance pay or wage compensation for certain obstacles to work. However, an internal regulation may not impose obligations on an employee beyond the scope of the Labour Code (it may only specify them) or curtail the employee’s rights under the Labour Code. The employer thus cannot use an internal regulation to, for example, oblige the employee to observe confidentiality obligations (see Employment contracts). In the event that an internal regulation contains such regulation, it is a putative legal act, i.e. it will be regarded as if it has not been performed at all.
Contact us
Do you not know where your case falls or did you not find it on our website? Contact us and we will figure out how we can help you.
In practice, there are two types of internal regulations:
- internal regulations governing wage and other rights of employees
- internal regulations governing internal organisation, technological procedures and other technical matters
An employer usually has several internal regulations in place governing internal organisation, technological procedures and other technical measures. These regulations usually impose detailed obligations on employees prescribing how to proceed in certain processes, operations or handling of machinery, or may regulate various control mechanisms, etc. These internal regulations are not subject to the above limitations as they manifest the employer’s superiority over employees or the employer’s authority to instruct employees to perform work.
Issuance of an internal regulation
However, even internal regulations must meet certain statutory requirements. An internal regulation must be issued in writing and must not be contrary to legal regulations or be issued with retroactive effect. It may become effective at the moment when it is announced by the employer at the earliest. If the employer issues, cancels or amends an internal regulation, it is obliged to notify employees within 15 days. The law does not specify the form in which the employer must do so, but the employer should be able to prove it if necessary.
Issuance, amendment and cancellation of internal regulations do not require the consent of the trade union, but since it will usually affect a larger number of employees, the issuance needs to be at least discussed with the trade union. Internal regulations are usually issued for a fixed term, but not less than one year; this does not apply to regulations governing remuneration, which may be issued for a shorter term.
Binding effect of internal regulations
In order for an internal regulation to be binding on the employer and all of its employees, it must be properly declared and, at the same time, the employer must fulfil its information obligation. In the case of the second category of internal regulations, i.e. regulations of an organisational and technological nature, the employer must also prove that the employees have actually been acquainted with them.
Cancellation and termination of internal regulations
The employer may, of course, cancel an internal regulation and such cancellation is effective no sooner than on the date of declaration, so it cannot be cancelled retroactively. If an internal regulation is cancelled or ceases to exist, the rights arising for the employee up to that time (mainly wage rights) are not affected and continue to exist.
Work rules
Other internal regulations may not impose obligations on employees, which is why there are work rules. They represent a special type of internal regulations that does not establish rights and entitlements, on the contrary, it elaborates on the provisions of the Labour Code or provisions of special legal regulations under specific conditions on the employer’s part for the employer’s and employee’s obligations arising from labour relations. The employer may use work rules to, for example, regulate the work schedule, set the start of working hours or breaks in work or specify employees in matters concerning compensation, etc.
Work rules are subject to the provisions governing the rules for issuing internal regulations unless the Labour Code stipulates otherwise. Therefore, work rules are issued in the same manner as internal regulations and are subject to the same restrictions. If they are properly declared, they are binding on the employer and all employees. If there is a trade union operating in the employer’s undertaking, the employer may only issue or amend (but not cancel!) work rules with the prior written consent of the trade union, otherwise the issue or amendment is invalid. Some employers are even obliged by law to issue work rules. These include mainly administrative authorities, including territorial self-governing units, which are classified as municipal authorities, etc.
Conclusion
If you have no clue how to properly regulate some rights and obligations in an internal regulation or work rules so that the wording complies with the Labour Code, we will be happy to provide you with the necessary legal assistance in this regard and draw up an internal regulation tailored to the needs of your company or review the existing internal regulations according to your requirements and needs.
What issues do we typically handle for clients in relation to internal regulations?
- How to issue an internal regulation?
- Models of internal regulations
- What are the requirements for an internal regulation?
- How to properly declare an internal regulation and communicate it to employees?
- How to properly cancel an internal regulation?
- How to amend internal regulations?
- What can, must and must not be included in work rules?
- How to amend the wording of work rules?
- OHS definition
- Staff training in internal regulations
- Preparation of work rules
- OHS training for employees
- News regarding the Labour Code
- Drafting and revising internal regulations of the employer
Section team
