In addition to the multitude of legislative changes in the field of labor law that have come into effect recently and need to be implemented by employers, they must also pay special attention to their obligations regarding the internal regulations. Being a document of major importance for both employers and employees, as it contains norms and provisions that must be followed at the company level, the internal regulations are mandatory and must be drawn up by the employer, with the consultation of the union or employee representatives, as applicable.
Information that must be included in the internal regulations
According to the Labor Code, the internal regulations must include at least the following categories of provisions:
a) rules regarding protection, hygiene, and work safety within the unit;
b) rules regarding the observance of the principle of non-discrimination and the elimination of any form of violation of dignity;
c) the rights and obligations of the employer and employees;
d) the procedure for amicable resolution of individual labor conflicts, requests, or individual complaints of employees;
e) specific rules regarding work discipline in the unit;
f) disciplinary offenses and applicable sanctions;
g) rules related to the disciplinary procedure;
h) methods of applying other specific legal or contractual provisions;
i) criteria and procedures for the professional evaluation of employees;
j) rules regarding notice periods;
k) information regarding the general employee training policy, if available.
Obligations of the employer regarding the internal regulations
Firstly, the employer must draft the internal regulations within 60 days from the date of acquiring legal personality.
Additionally, according to the Labor Code, the employer is obliged to inform each employee about the provisions of the internal regulations on their first working day and to provide proof of fulfilling this obligation.
It is important to note that informing employees about the provisions of the internal regulations can be done on paper or in electronic format. If the employer opts for the electronic format, the document must be accessible to the employee and must be capable of being stored and printed by them.
Furthermore, the employer is obliged to display the internal regulations at the premises where the employees carry out their activities.
If there is a modification in the content of the internal regulations, the employer is obliged to inform the employees of this change.
The internal regulations take effect with respect to the employee from the moment they are informed about them.
Situations in which an employee has the right to contest provisions in the Internal Regulations
The Romanian Labor Code also stipulates that any interested employee can notify the employer regarding the provisions of the internal regulations if they can prove that a right of theirs has been violated.
The legality of the provisions contained in the internal regulations is subject to the jurisdiction of the courts, which can be notified within 30 days from the date the employer communicates the resolution of the complaint made by the employee.
The latest legislative changes to the internal regulations
Starting October 22, 2022, a series of changes regarding the internal regulations have come into effect. Employers must be attentive to these recent changes and ensure that they have implemented them in their company.
The most significant change is that the internal regulations have become mandatory again for all employers, after being optional for over a year for employers with up to 9 employees.
Additionally, according to Law no. 283/2022, in effect since October 22, 2022, the internal regulations must be communicated to each employee on their first working day, under the condition of a signed acknowledgment.
Furthermore, the provisions that came into effect last autumn stipulate that the internal regulations must include rules regarding the notice period and information on the general training policy for employees, if available.
It is also specifically regulated that the internal regulations can be communicated to employees in electronic form.