Within your company, just like within any organization, discipline is an essential component to the proper functioning of your organization. Each company is free to adopt its own method of enforcing discipline as long as it respects the laws in force. But then how to ensure that discipline is respected?
I considered as a set of obligations which inscribe a community and which aim to make order reign, the term discipline referred to a certain line of conduct. In business, this discipline allows good cohesion in terms of organization in particular.
Discipline is part of the rules of procedure
As a leader, you have disciplinary power. In other words, you decide unilaterally, that is to say by your own will and which is binding on all employees without them having to subscribe to it. In other words, you decide how you organize your business. The social and economic committee (CSE but formerly CHSCT, Health, Safety and Working Conditions Committee), or failing that, the staff representatives, must be consulted even if their opinion is only advisory. You must also send two copies to the labor inspectorate.
The rules of procedure are mandatory for the names of establishments, namely: companies, industries, businesses or agriculture; public or ministerial offices, the liberal professions, professional unions; mutual societies; social security bodies (except those with the status of public administrative establishment); However, associations and civil societies are also private law enforcement agencies. It is also compulsory in all companies with at least 50 salaries.
The content of the rules of procedure
A mandatory component of your company, the internal regulations are appended to define and set the rules to be respected in your company. It recalls the guarantees with which it is surrounded, while specifying certain provisions in terms of health and safety. The regulations supplement the provisions applicable according to the convention of your branch or sector of activity, or even those of the company agreements. According to labor law, the principle of favor means that the most favorable provisions for wages are applied in comparison with the laws and regulations in force. This is why it is necessary to refer to the applicable collective agreement.
The rules of procedure apply to many members of the company, they are intended to organize life in the company. It is up to the hierarchy to ensure that it is respected and applied and to grant the necessary exemptions when the cells are justified.
In connection with discipline and hygiene, safety and wage rights, with the prior settlement of sanctions that come and apply to all people who perform work in the company. Depending on the sector of activity, in order to set the specific conditions, special provisions are made for necessities. These provisions are determined by the operating rules of the establishment or the memos, established by the director of the establishment.
An obligation to make it known
The regulations must be known to each member of the company and must be displayed within the company. The absence of internal regulations having an effect of more than 50 salaries, the presence of a procedural defect in the trial, or the maintenance of a clause declared illegal by the labor inspector, generates by an employer a sanction of 4th class (750 euros). It takes effect 30 days after it is posted, and is thus enforceable against all staff. Be careful, because if you do not transmit it (by all means), you will not be able to sanction your employees and enforce discipline.
Provisions relating to discipline
In connection with discipline, several provisions are planned.
Wages have an obligation to respect working hours. They are required to present themselves and be at their post at the fixed times, for the beginning and the end of the work.
Concerning access to the company, there are provisions for the entry and exit of personnel, access to premises, the prohibition of introducing foreign persons without agreement.
Also note the outings made during working hours which must be exceptional, the use of equipment, the use of company premises, the performance of professional activities. All employees must respect the instructions given by their hierarchical superiors, in compliance with legal and ethical provisions. Salaries must respect the specific character of the establishment defined in the statutes, and a duty of discretion towards users and their files, etc.
From the point of view of delays and absences, any delay or absence must be justified. The justification for repeated delays is not motivated by the fact that there is an absence due to illness or accident, and it will be given within 48 hours by sending a medical certificate indicating the probable duration of absence. Any other absence must be justified within 3 days.
Due to the prohibitions and penalties for harassment, be aware that some of your salaries, trainee or application for recruitment or internship, are not subject to direct or indirect discriminatory measures. This concerns in particular everything related to remuneration, training, reclassification, assignment, qualification, classification, professional promotion, transfer or renewal of contract for having suffered or refused to download the harassment of any person whose purpose is to obtain favors of a sexual nature for his own benefit or for the benefit of a third party. Any employee who engages in this type of behavior is liable to disciplinary action.
Between laws and sanctions
Holder of the disciplinary power, you have the possibility of sanctioning faulty behavior on the part of your employees. There is no legal definition of fault. “It constitutes a fault, any action of the employee considered as faulty by the employer”. There are different types of fault: slight fault, serious fault (which prevents the maintenance of the employment relationship), serious fault (fault which prevents the maintenance of the employment relationship and which also implies the immediate termination of this relationship ) , and gross negligence (which implies the intention to harm).
“It constitutes a sanction any measure, apart from verbal observations (= any sanction must be written), price for the employer following an action considered by him as faulty, whether this measure is likely to affect or not his presence in the company, his function, his career, his remuneration. »
Note that you cannot apply certain sanctions considered illegal. These are discriminatory sanctions and sanctions related to personal life. However, if a salary makes an act of his private life and this has an impact on his company, then he can be sanctioned, not by fault but because he disturbs the functioning of the company. Financial penalties are also seen as illegal (deductions from wages, etc.). You have the right again to individualize the sanctions and make the first sanctions count to aggravate the others.
Legal proceedings against the sanction
Employee can go against the decision-making by contacting the Labor Court. The latter can then choose to cancel an irregular decision in the form: malformulated letter, deadline not respected, etc., unjustified: either the employer does not have the proof or he has proof but the proof is not valid in court, or disproportionate to the fault committed: the employer may impose another sanction within one month after the cancellation of the first sanction.