Work regulations - when should they be created?

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Most companies operate on the basis of their internal standards, which are usually compiled and published in the form of official documents. The work regulations are an internal company act that defines the organization and order in the work process and the related rights and obligations of the employer and employees. The creation of such regulations improves the company's operation and has a protective function for the parties to the employment relationship.

Obligation to create work regulations

Work regulations should be compulsorily drawn up by the employer if it is not covered by a collective labor agreement and employs 50 or more employees. The work regulations, according to the Labor Code, may not contain provisions less favorable to employees than the provisions of the Labor Code or other acts and executive acts.

The obligation to issue work regulations arises upon employment of the fiftieth employee - regardless of the type of employment contract between the parties and the fact that employees are on vacation. Average employment in a year is not taken into account, but it is always decisive to achieve the employment level indicated in the regulations at a specific moment. It does not include people employed under civil law contracts.

A workplace employing fewer than 50 people may therefore introduce work regulations on a voluntary basis.

Work regulations and the number of employees

Since 2017, there have been changes regarding the compulsory creation of work regulations in enterprises employing more than 20 employees. In previous years, if the employment exceeded 20 employees, the employer had to create work regulations. Currently, the employment must be 50 people. Employers employing more than 20 people but less than 50 people may create work regulations, but are not obliged to do so. The exception is when there is a trade union organization in the workplace and applies for the creation of work regulations, in such a situation the employer is obliged to create a document, even if his employment does not exceed 50 people.

The abolished obligation to create work regulations does not release the employer from providing employees with information on additional employment conditions. Employers employing more than 20 employees who decide not to establish work regulations should provide the employee with information about additional employment conditions within 7 days from the date of concluding the employment contract.

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Work regulations - content

The work regulations mainly include:

  • provisions governing the internal order in the workplace,
  • provisions defining the rights and obligations of employees related to the organization and order of work.

As a rule, the content of the work regulations is determined by the employer in agreement with the company trade union organization. If, on the other hand, the workplace trade union organization does not operate at the given employer or the content of the regulations is not agreed with the trade union organization within the set deadline, then the employer himself creates the work regulations. Its content is binding on all employees.

The Labor Code does not exhaustively define the issues that should be specified in the work regulations. Pursuant to the provisions of the Labor Code, work regulations should lay down in particular:

  • organization of work, conditions of staying on the premises of the workplace during and after work, equipping employees with tools and materials, as well as working clothes and footwear as well as personal protective equipment and personal hygiene,
  • working time systems and schedules as well as adopted working time settlement periods,
  • night time,
  • date, place, time and frequency of payment of remuneration,
  • lists of jobs forbidden to juvenile workers and women,
  • types of work and a list of workstations allowed for juvenile workers to undergo apprenticeship,
  • list of light work allowed for juvenile workers employed for purposes other than vocational training,
  • obligations regarding occupational health and safety and fire protection, including the method of informing employees about the occupational risk related to the work performed,
  • the method adopted by the employer for confirming the arrival and presence at work and justifying the absence from work.

Work regulations should also contain provisions regarding penalties and order liability of employees.

Familiarizing the employee with the work regulations

The work regulations enter into force after 2 weeks from the day they are made known to employees, and the employer is obliged to familiarize the employee with its content before he starts work. The regulations are issued for an indefinite period and are valid until they are changed or the workplace is closed.

The methods of informing employees of the content of the work regulations are:

  • hanging on the notice board,
  • leaving the text of the regulations in a public place, e.g. in the human resources department,
  • sending the text of the regulations to employees by e-mail,
  • providing the text of the regulations to employees.

The work regulations are changed in the same manner as their introduction.