The importance of internal regulations for the company’s legal certainty

Labor relations are generally regulated by the Federal Constitution and the Consolidation of Labor Laws – CLT. However, it is common for several situations not to be expressly provided for in labor legislation, raising doubts about the procedures to be adopted by companies when faced with these situations.

As legislation does not follow the evolution of labor relations, these gaps can (and should) be filled through the preparation of Internal Regulations, which must be drawn up in a clear and transparent manner, bringing greater legal certainty to the company.

What are the Internal Regulations?

The internal regulations consist of a set of rules that will govern the company’s internal organization, establishing rights and obligations between the company and employees. Thus, the main function of the internal regulations is to structure, in clear rules, the company’s reality in its work relationships.

What are the advantages of the Internal Regulations?

By establishing clear internal rules, the internal regulations will make employees aware of the company’s culture, their obligations and duties, making it easier to manage people.

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What can be provided for in the Internal Regulations?

In general, the internal regulations can provide for all the duties and obligations of employees, such as:

  • Uniform use policy;
  • Working hours;
  • Deadline for presenting medical certificates;
  • Policy on delays and absences;
  • Transfer of employees;
  • Health and safety issues;
  • Payment of salaries and benefits;
  • Regulation of home office or hybrid regime;

What happens if the Internal Regulations are not complied with?

The internal regulations themselves may establish penalties in case of non-compliance with the established rules. However, penalties must be based on reasonableness and proportional to the non-compliance identified.

Can the Internal Regulations be changed by the company?

Yes, they can be changed freely by the company. However, any changes must be communicated to employees.

Do the Internal Regulations require participation from the Union?

 There is no requirement in the law regarding the participation of unions in the preparation of internal regulations.

As seen, the internal regulations are an important tool for internal organization and labor compliance, providing greater legal security to the company and awareness among the group of employees.

If you have questions about the subject, contact our experts.

Written by Daniel Rangel, Associate at Drummond Advisors

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