In principle, the employer may unilaterally change the internal regulations subject to the following limitations:
- In companies required to set up a staff delegation, the employer must inform and consult the staff delegation, whose role is to give its opinion on the drawing up or amendment of the internal regulations of the company and to strictly supervise the implementation of those regulations. The staff delegation may also take the initiative and propose changes to the internal regulations, regarding which the management or, as appropriate, the participants in the meeting provided for by Article L. 414-10 of the Labour Code must take a decision within two months. That decision must be communicated immediately to the staff delegation.
- In companies employing, in the twelve months prior to the first day of the month in which notices of the elections are posted, at least 150 employees, the staff delegation has decision-making authority in this matter, in so far as decisions relating to the establishment or change of the internal regulations, taking into account, where applicable, the collective agreements in force, must be taken by mutual agreement between it and the employer.
Moreover, the power to amend the internal regulations is circumscribed. In fact, the internal regulations must, as a matter of principle, observe any provision which is of a higher legislative status.
Thus, any change in the internal regulations must comply with the provisions of laws, regulations and agreements. Similarly, a change to the internal regulations may not derogate from the employment contract, except in a manner which is more favourable to the employees.