Virtually every organisation has internal policies and rules. These may include a code of conduct, an absence management policy, a complaints procedure, a remote working policy, and rules on privacy and social media. Such policies provide employees with clarity and help employers mitigate risks. However, more policies do not automatically mean better policies.
In practice, we regularly see organisations with a substantial collection of policy documents. Some were drafted years ago, others were added later, and still others cover largely the same subject matter. The result? Employees no longer know which rules apply, and employers may inadvertently tie their own hands through their policies.
On the other hand, having too few policies can also cause problems. What should you do if an employee engages in inappropriate behaviour, shares confidential information or breaches social media rules, when it has never been clearly established what is and is not permitted?
The key is to strike the right balance. But how much policy does an employer actually need?
Not every employer needs the same set of policy documents. However, employers must take various statutory obligations into account.
For example, every employer must have an up-to-date Risk Inventory and Evaluation (RI&E). Employers are also required to implement policies to prevent or limit psychosocial workload (psychosociale arbeidsbelasting, or PSA), including work-related stress, bullying, discrimination, sexual harassment and aggression.
Other obligations relate to working conditions, working and rest hours, sickness absence and privacy. Depending on the size and nature of the organisation, an internal whistleblowing procedure may also be mandatory.
This does not mean that every subject requires a separate policy document. Several topics can easily be covered in a single set of rules or an employee handbook. The key is to ensure that the employer meets its legal obligations and that employees clearly understand which rules apply.
In addition to statutory obligations, it is advisable to consider the specific risks within your organisation.
For example, an organisation with a largely remote workforce will need different policies from a manufacturing company. Similarly, in an organisation where employees handle confidential information, clear rules on information security and social media may be particularly important.
Consider, for example:
The key question, therefore, is not: which policies do other employers have? Rather, it is: which rules do we need to effectively manage the main risks within our organisation?
Good policies prove their value above all when something goes wrong.
Suppose an employee posts a video of the workplace on social media, showing colleagues and company information. Is this permitted? And can the employer hold the employee accountable?
This becomes much easier when the applicable rules have been clearly established in advance and employees have been informed of them.
The same applies to inappropriate behaviour. A clear code of conduct and complaints procedure can help employees understand where the boundaries lie, where they can report concerns and how the employer will handle those reports.
This can also be important in employment law proceedings. When assessing a warning, disciplinary measure or dismissal, for example, relevant factors may include whether the rules were sufficiently clear, whether the employee could reasonably have been aware of them, and whether the employer applied the rules consistently.
Policies should therefore do more than simply sound good on paper. They must be practical and effective in real-world situations.
More rules do not automatically translate into greater control. Sometimes, the opposite is true.
A common pitfall is for employers to establish overly detailed procedures. Consider, for example, a complaints procedure that specifies exactly which steps must be taken and within how many working days.
This may seem thorough, until a complex report of inappropriate or boundary-crossing behaviour arises and it becomes clear that the prescribed deadline cannot realistically be met.
In this way, an employer may inadvertently restrict its own options through its own rules.
Policies should therefore be clear, while allowing sufficient flexibility to accommodate individual circumstances. Particularly in cases involving complaints, integrity issues and other sensitive matters, employers must be able to carefully assess which approach is appropriate in the specific situation.
Policies Need Regular Maintenance.
In larger organisations, we regularly see new policies and procedures added to existing documents over the years. This can lead to overlap. In some cases, different documents may even contradict one another.
Legislation and regulations change, as does the organisation itself. A policy that worked perfectly well five years ago may therefore no longer be appropriate today.
Review your policies periodically. Do not just check whether anything is missing; be prepared to consolidate or remove documents as well.
One clear, up-to-date policy is often more valuable than three documents that cover substantially the same ground.
New policies cannot always be introduced or amended at will.
For various policies and arrangements, the works council may have a right of consent under Section 27 of the Dutch Works Councils Act (Wet op de ondernemingsraden, or WOR). This may apply, for example, to policies concerning working conditions, sickness absence, employee training and performance appraisals. Policies governing the processing and protection of employee data, or systems used to monitor employees, may also be subject to the works council’s right of consent.
Before introducing or amending a policy, therefore, check what role the works council has in the process.
The same applies when amending existing policies. The mere fact that a provision appears in an employee handbook or policy document does not automatically mean that the employer can amend it unilaterally. For example, a policy may have become part of the employee’s terms and conditions of employment.
When was the last time you took a critical look at all the policy documents within your organisation?
These seven questions provide a useful starting point:
If you cannot answer “yes” to all these questions, it is time to take a critical look at your policies.
A limited set of clear, up-to-date and practical rules will generally be more effective than a digital maze of documents that hardly anyone reads.
Good policies provide employees with clarity, help prevent problems and put you in a stronger position as an employer if an incident or dispute nevertheless arises.
Do you have questions about drafting, implementing or amending policies within your organisation? Or are you unsure whether your policies comply with applicable laws and regulations? Please contact Renée Huijsmans-Zwijnenburg or Ymke Stam, attorneys at law specialising in Employment Law and Employee Participation.
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