Internal Regulations Model for Companies
Internal Regulations Model for Companies
Before going to the text of the Regulation, we consider it necessary to remember the following:
The Labor Contract Law grants the employer the authority of organization and
address. We remind you that the article65ºit says verbatim:
For example, there is case law in cases of dismissal for alleged just cause.
indicated in an internal regulation as serious offenses that were not later
considered such: "The rules of an internal regulation are not binding that
establish specific assumptions of just cause for dismissal that apply
automatically, since a higher order standard - article242ºL.C.T.-
define, in general terms, the profile of the legitimizing injury of dismissal without
indemnity responsibility.
the employer in all cases, must exercise the powers that are granted to him
granted in the previous articles, as well as the ability to impose suspensions "for
economic reasons, within the limits and in accordance with the conditions set by the "law,"
the professional statutes, the collective labor agreements, the 'councils of
company and, if any, the internal regulations that they establish. "Always be
will take care of meeting the demands of the work organization in the company and the
respect due to the dignity of the worker and their "property rights, excluding
all forms of abuse of rights.
It must also take into account the provision for the waiver of rights that
the L.C.T. carries out in its article12ºindicating: "any convention will be null and void
of parts that suppress or reduce the rights provided for in this law, the statutes
professionals or collective agreements, whether at the time of their celebration or of
its execution, or the exercise of rights resulting from its extinction.
Observing these limits and with the modifications, additions, or innovations that
Each interested party may make, we consider that the model of the Regulation that
The following we offer will be of important usefulness.
INTERNAL REGULATIONS
The present rules constitute the Internal Regulations for the staff and each
worker of this company upon receiving a copy of it, is obliged to
compliance with each and every one of its clauses.
These provisions may be modified by the Company, which will be communicated in advance.
be in direct and written form to each of the dependents or by means of
notes or service orders that will be inserted into special notifiers located
in visible places to all staff.
ADMISSION CONDITIONS:
a) Justify identity and age with legal documents. Those over 18 years old with
identity card, enrollment booklet or national identity document; the
minors of that age -in addition to the identification document- must present a
medical certificate that proves your fitness for work as provided in the article
188ºfrom the Labor Contract Law.
b) Present previous employment certificates, if you have had another occupation, and
registration number to the respective Pension Fund.
d) Provide the necessary and legally required receipts in the time that the
the same establishes, especially the documentation for the payment of the assignments
relatives, for which purpose they must sign the relevant forms and attach the
copies that are requested immediately.
e) Subscribe and complete the job application and the forms that the Company
indicate, before and during the contractual relationship, those that will have the character of
sworn declaration not holding the employer responsible - under any circumstances - for the
consequences that could arise from false statements or malicious omissions,
without prejudice to the right it has to apply the relevant sanctions one
once they have been verified.
Article 5: Personnel who, for special reasons, must miss work, will request
the corresponding written permission to the Company, which will endorse the reasons for it
granting or denial. The same procedure will be followed for the permits of
leave before the end of the workday.
The first ones should be requested one day in advance and the second ones in
first hour of work. After those terms, no further action will be taken on any
order, except in cases of force majeure.
Article 6: In all shifts there will be a tolerance of five minutes for arrival without
time discount, and up to a maximum of three times per calendar month. Exceeded
this tolerance, any employee who arrives late must first explain the
reason that caused the delay, reserving the Company the right to allow or
deny entry, without prejudice to the corresponding salary deduction and the loss of
awards for attendance and punctuality, in addition to the application of sanctions
appropriate corrective actions.
UNBLAMEWORTHY DISEASES:
Article 8: The worker who must miss their tasks due to illness or
unavoidable accident, must notify the Company within the first four
hours of the start of their work shift, indicating the place where they are located.
If the notice is by phone, any of the mentioned individuals must report to the Company.
to personally confirm the illness or accident where he will sign the Notebook of
Absences for the employer's certificate, within that workday.
Article 9: The omission of the notice will result in the loss of the right to
remuneration due to illness or accidental injury for the entire time
of their absence, without prejudice to the disciplinary sanctions that for the same reason
impose the employer due to the breach of the duty of diligence and
collaboration, unless the illness or accident -taking into account its
character and severity - will later be unequivocally proven.
Article 10: If the worker reports being ill and the company's doctor
in charge of carrying out the verification of the disease will not find him in your
It will notify at that address of its visit for that purpose.
In such a case, the worker must prove where they were at that moment.
a schedule. The lack of evidence will make the employee liable for the loss of his
remuneration, consideration of the absences as unjustified for the purposes of
perception of attendance awards and application of corrective sanctions
relevant.
Article 11: In case the medical certificate presented by the worker does not
would coincide with the professional criteria, days of leave and/or date of service reinstatement
company doctor, it will request a Medical Board from the governing authority to the
relevant effects.
In such circumstances, this Board will also be requested to indicate the days of leave.
for the relevant illness and grant discharge at the appropriate time.
Article 13: The worker is not obliged to follow the prescriptions that
eventually the company's doctor could give, but he has the obligation to
allow the verification of your health status and monitor the course of the disease or
unavoidable accident. Otherwise, subsequent absences will not be justified.
last recognition.
Article 14: If the worker leaves work due to illness, this alone does not
it means that he is ill. If he deems it so, he will comply with the provisions
in articles 7 to 13 of this Regulation.
Article 15: The employee who cannot attend work for any reason
force majeure is subject to the same rules set forth in articles 7 to 13
of this Internal Regulation.
Article 16: Any absence from work for more than one day without prior notice or not
bringing together the communication the formalities stated in article 8 of this
Regulations will lead the Company to urge the employee to return to
I work within the term of 24 hours, with the warning of considering your absence as
abandonment of work.
DOMICILIO:
Article 17: Upon entering, the worker must inform the Company
immediately and in writing any change of your address and/or phone number.
The address recently reported in the record that the Company will maintain is
the only thing that will be taken into account for all purposes related to the employment relationship and
its extinction, any notification made in it is valid, is found
the worker is not present.
Article 18: It is prohibited for personnel to bring any foreign object into the plant.
unauthorized work expressly.
LOCKER ROOMS:
Article 19: Staff who need to change clothes to work have the
a dressing room with individual lockers, where you can store clothes and your belongings
personal effects, it is recommended not to leave valuables as the Company does not
holds accountable for any lack or theft.
Periodically, and when the Company deems it necessary, the cabinets must be left
open and empty, in order to proceed with their disinfection. To this end, the
necessary notices in visible places.
Article 20: It is the primary obligation of the worker to properly use and preserve the
good condition the machines, tools, instruments, furniture, clothing and others
elements that are entrusted to them for the provision of their services, which they must return
when it is pertinent - under the same conditions as those that were delivered to it,
except for natural deterioration, destruction arising from fortuitous events, defects of the thing or
facts of third parties unrelated to the will of the worker.
You must inform your immediate supervisor of any faults you notice in them in order to ...
to be remedied immediately.
Article 21: The personnel must strictly observe the measures established by the Company.
establish to prevent accidents and in particular to ensure good
The conservation of the imposed security devices will be subject to sanctions.
relevant disciplinary action configuring serious fault due to his negligence.
REUNIONES:
Article 22: Personnel may not hold meetings of any kind inside
of the establishment, except with the express authorization of the Management.
WARNING BOARDS:
Article 23: Notes or service orders that concern the staff will be
inserted into special notifications or delivered personally. All the
workers must comply with them strictly, just as those given verbally
or by any other means.
It is prohibited for staff to post any type of notice without authorization from management.
except for those of a union nature that will be posted on the designated bulletin board for that purpose.
end.
CLEANING:
COLLECTIONS:
HOLIDAYS:
Article 26: The Management sets the dates for the commencement of the annual vacations.
in accordance with legal provisions and the current collective labor agreement,
taking into special consideration the needs of the work.
Anyone who wishes or needs to take their annual leave on a specific date,
it must be requested in writing, with at least 30 days' notice so that the
The company's management will study whether it is possible within the scope of the work.
grant as required by the worker.
Article 27: For each employee or worker, the Company shall keep up-to-date a file where
in addition to your personal data and the initial forms, it will contain the following
annotations:
c) Initiatives, facts, or actions that serve as an example and encouragement for the staff.
in general.
medical folder
e) Qualifications that he/she deserves from his/her superiors for various reasons.
Article 28: Any employee or worker who has a change in their family status,
You must notify the Company immediately, accompanying documentation.
corresponding documentation that certifies it.
SECTION REGULATIONS:
REMUNERACION:
Article 30: The payment of salaries or wages corresponding to each worker will be
subscribed by the Company in accordance with the provisions of Law No.20.744of
Employment Contract Regime.
ADVANCES OF REMUNERATIONS:
N. de R:-see expanded note at the end of the text about the reasons why we estimate
it is convenient to include in the Internal Regulations, publications on boards or other means
communication with the staff the way in which orders should be made
salary advances
PROHIBITIONS:
Article 32: In addition to observing the general rules of discipline, education and
reciprocal respect, which fosters collaboration and solidarity between the parties, the
staff must strictly comply with the following provisions.
The statement of these facts is merely informative and not limiting, that is to say, that
does not exclude other situations that undermine the authority of the Company or threaten
against the proper or normal course of it.
Article 33: Personnel must refrain in particular from carrying out the acts or
subsequent actions, considering non-compliance a serious offense;
a) entering or exiting the establishment through a location other than the one designated by the
company provisions;
c) to converse or distract oneself during work hours or to divert the attention of their
companions. Contact between personnel should be limited exclusively to the
working hours related to work matters;
e) leaving the taps open once the water service has been used;
f) throw papers or other waste outside the containers designated for that purpose;
i) wear political, religious, etc. badges in plain sight and inside the facility;
I) to annoy, to fight, to intrude, to direct jokes or to disrespect each other and/or their
superiors;
m) tear down signs or notices placed by the Company, dirty them or amend them;
n) to play, bet or engage in any type of game of chance, or to incite others to do so;
p) to collect funds, to carry out subscriptions, to distribute flyers, to take lists of any
nature, without authorization from the Company;
r) enter the establishment with weapons or with any type of alcoholic beverages;
t) not to use or stop using the elements that the Company provides and whose use is
mandatory and essential to prevent work-related accidents or illnesses;
w) attend to or make phone calls during work hours, except for those related to
to the same urgent cases and duly justified;
PERSONAL HYGIENE:
Those who are provided with work clothes for the performance of their tasks will be
requires that this be washed and ironed at least once a week before
to be used, with the management being able to oppose the entry of the dependent in case that
does not meet these requirements.
Article 35: The non-compliance with any of the rules contained in this
Internal Regulations authorize the Company to impose the relevant sanctions, which
will consist -according to the severity of the offense or recurrence- in
c) suspension;
d) dismissal.
SUPPLEMENTARY REGULATION
(for companies that use dangerous tools)
Article 35.1: In order to preserve the health of the worker and also their own
Colleagues, due to the type of activity that is being carried out, by mutual agreement with the
consultations made with the Department of Hygiene and Safety (if applicable) and with
the Work Risk Insurer; the Company declares a mandatory examination of
blood alcohol level of the workers at the time of entry to it, during the periods
that will be implemented in due time.
The worker is obliged to comply with the exam every time it is requested.
by the Company. The refusal will be considered a serious offense and sanctioned as such.
The Company, for its part, commits to ensuring that the method used is simple,
quick and painless, carried out in all cases by qualified personnel.
The worker who decides to appeal the exam must accept a new exam of
immediate, which will also be determined by the Company.
SUPPLEMENTARY NORM
(for internet-intensive companies)
Article 35.2: The company expressly states herein that the email
electronic (e-mail), personalized or not, available at each of the terminals
used by the workers are for exclusive professional use, remaining
the sending or receiving of personal emails is strictly prohibited
or activities unrelated to the company. It is noted that there is no intention to alter
the employee's right to privacy, but rather regulates the use of a
work tool.
The company also reserves the right to verify, by any means it deems appropriate
convenient, the web pages frequented by each employee to determine
specifically the professional use of the Internet service owned by this
employer and connected to its activities.
GENERAL NORM:
Article 36: This Regulation repeals and renders ineffective any other
contrary provision that may have been issued by the Company or may have been permitted
by the same, either verbally or in writing.
-COMPANY SEAL-
THE ADDRESS
Senior Manager of
CITY.
a copy of the Company's Internal Regulations, whose clauses he/she knows and agrees to
commits to developing its
employee signature
ADVANCE OF REMUNERATIONS
It is very common -and we could even say everyday- for a company to advance
remunerations to personnel concerning salaries not yet earned or for periods
not yet worked, running the risk that the worker may not be able to return such
amounts and, what is even worse, creating a vicious circle as discounting such
advance of salary the employee finds that there is not much balance left
your favor forcing him again to request new advances to survive for the
month.
Here we are, not in the presence of workers who need, due to an unforeseen event or of
force majeure, a certain amount of your salary is advanced to you, if not what
We want to overlook the continuous request from the same employee who, as soon as he gets paid, comes back.
to request an advance because his salary is deducted (precisely for having
pre-order) thus creating a vicious circle that is very difficult for him to escape.
We understand that a first measure will be to establish that the order is made in
special forms in which the name and surname must be included -at a minimum-
of the applicant, the category in which they are registered, the seniority in the Company, the earnings
perceived in their last fortnight, the overtime hours and the corresponding amount
charged, the reason why you need the required amount and any other information that
it may interest the employer to know in order to have a broad overview of the
employee's need and their situation within the establishment.
With this, the Company will have a written record of each and every order.
detailed form and may, even over time, analyze the causes
main requirements with the aim of reaching a comprehensive solution of the
problem.
Once this application has been submitted, the next step may be to set a day
a week to decide on whether to grant the required advance or not,
in full or in a lesser amount, which would gradually yield a
normal reflow in the perception of salaries thus benefiting not only the
Not only the company but also the employee himself who will gradually be leaving the habit.
often encouraged by the employers themselves who do not put any obstacles
to request advances due to the ease with which it is obtained.
The Company is not prevented from bypassing all this procedure in urgent cases, but
It is also necessary for that Company to have enough willpower -about
everything in sole proprietorships - how to strictly adjust to these
rules that, if applied, it will be very useful to make them known in advance and
with sufficient notice and through postings on bulletin boards with news, even,
to the Union itself for the knowledge of the affiliates and the general personnel.
This minimal regulation, which has already been applied in companies, has yielded optimal results.
results because after several months it has been proven that the mere fact
to comply with minimal regulations and have to wait for the salesperson
a few days to collect such advance - which were granted on several occasions
for an amount lower than requested - made the staff finally give up on
his request demonstrated that the need was not so great and redirecting the
total collection of your salary.
On the other hand, the loss of time that the staff experienced was largely avoided
In charge of paying the salaries, he not only had to make the deductions but also
everything, in personally attending to the advance requests without considering the time
-also lost- that the worker himself used when requesting such advances.
It is clear - on the other hand, and this is important - that the result will be positive or
negative insofar as the members of the Company do not deviate from
this line advancing the money themselves or anticipating a favorable resolution
upon request, because if that is the case, it will be worth nothing to impose a procedure of
this nature, but the exceptions that could be made will bring about the
discontent of others who will consider themselves harmed because for some it
it is fulfilled and for others it is not fulfilled.
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