Employer in France: The Mandatory Internal Regulations

When a company sets up in France and begins employing staff, it enters a complex legal and social environment. One frequently overlooked obligation is the drafting of a règlement intérieur — the internal regulations. This document is not only a legal requirement under certain conditions but also an essential tool for day-to-day HR management. In this article, we explain what internal regulations entail, when they are mandatory, and how to implement them correctly.

What is a règlement intérieur?

The règlement intérieur is a written document in which the employer sets out rules relating to hygiene, safety, disciplinary procedures, and general codes of conduct within the company. It supplements the French Code du travail (Labour Code) and any applicable collective bargaining agreements.

When is it mandatory?

Internal regulations are mandatory for all French establishments of companies employing 50 or more staff. This obligation applies as soon as the workforce reaches this threshold for 12 consecutive months. Companies with fewer than 50 employees are generally exempt but may choose to adopt internal regulations voluntarily.

What must it contain?

According to French labour law, the internal regulations must address at least the following three areas:

1. Health and safety at work
   Measures to reduce risks, prevent workplace accidents, ensure fire safety, etc.
2. Discipline
   Rules of conduct expected from employees and possible sanctions for non-compliance (e.g. warnings, suspensions, or dismissal).
3. Employee’s right of defence
   The conditions under which an employee may defend themselves before a disciplinary sanction is imposed.

In addition, the document may include provisions on working hours, use of IT resources, dress codes, or workplace etiquette. However, it must not contain any discriminatory clauses or provisions that conflict with higher legal norms.

Procedure: how to draft internal regulations

Drafting internal regulations requires a careful and structured approach:

• Consultation with the employee representative body (CSE)
  If the company has a Comité Social et Économique (CSE), it must be consulted before the regulations come into force.
• Filing and publication
  The document must be filed with the labour inspectorate (inspection du travail) and displayed prominently in the workplace or made accessible electronically.
• Entry into force
  The regulations come into effect only one month after these formalities have been completed.

Penalties for non-compliance

A company that is legally required to implement internal regulations but fails to do so risks the following:

• Disciplinary sanctions being declared void if based on unknown or unofficial rules.
• Fines or penalties imposed by the labour inspectorate during inspections.

Practical tips

• Seek legal guidance when drafting the document to ensure compliance with French law.
• Make the content clear and accessible, tailored to your company’s activities.
• Keep the regulations up to date: revise them following major changes in legislation, employment conditions, or company organisation.

Conclusion

For foreign employers operating in France — particularly Belgian or Dutch companies expanding into the French market — the règlement intérieur is not merely a bureaucratic formality, but a vital document for effective HR management. It not only provides legal protection for the employer but also contributes to a transparent and orderly working environment.

Would you like to know more about your obligations as an employer in France, or do you need assistance drafting internal regulations? Feel free to contact RFN for tailored legal and HR advice.