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Most organizations strive to balance operational efficiency with employee satisfaction and retention. In doing so, HR leaders must determine whether to enforce non-negotiable work policies or to remain flexible in accommodating employee needs.
While a rigid policy can ensure consistency and fairness, it might stifle and demotivate your workforce. Alternatively, a flexible approach can enhance morale but could lead to inconsistencies and perceived favoritism.
To help businesses find a healthy balance, 20 Forbes Human Resources Council members discuss when to enforce non-negotiable regulations and when to adopt more flexible policies.
1. Do Not Have A One-Size-Fits-All Approach
HR leaders don't really have the choice! In a period of talent scarcity, employers have to deal with new expectations from employees, one of which is the demand for individualized working conditions: flexible working hours, remote working and individualized remuneration. When it comes to HR policy, the one-size-fits-all approach does not work any longer if you want to retain your best talents! - Denis Pennel, World Employment Confederation
2. Work In Collaboration With The Team
Policy or process steps in where common sense fails. Plug and play HR is dead, and as a function, you must build for what is right depending on the company stage and be prepared to continue to review, burn down or iterate up. We know that presentism leads to absenteeism, but it is also true that unnecessary process leads to disengagement. Work in collaboration with the team, not against them. - Clare Mullen, scan.com
3. Make Data-Driven Decisions
HR leaders should balance organizational goals with employee needs by assessing business objectives, operational efficiency and employee preferences. Evaluate the impact on engagement and retention, benchmark industry standards, ensure legal compliance and pilot the policy with feedback. Use data-driven decisions and clear communication to determine if a non-negotiable or flexible approach is best. - Divya Divakaran, EVS, Inc.
4. Shape Policy With Strategy And Culture
Like all decisions HR leaders must face, work policy should be shaped by the organization's strategy and culture. Policy for the sake of policy won’t drive results or organizational commitment; there should be careful consideration of the why and the how behind either a flexible or non-negotiable approach. - Dr. Kelly Meredith, Southworth Development
5. Ensure Policies Do Not Negatively Impact DEI
HR leaders deciding between a non-negotiable policy and a flexible approach should consider company culture, industry norms, operational needs and employee demographics. It's crucial to ensure policies don't negatively impact diversity, equity and inclusion. The final choice should support the company's strategic goals and values while creating a positive and inclusive work environment. - Tony Butler-Sims, Cultivating New Frontiers in Agriculture (CNFA)
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6. Decide What Is Best For Your Business And Clients
Every decision must roll up to what is best for the business. Will the decision impact what the clients experience and in what ways? Answering that question will help you and your employees answer what needs to be done to serve the business and where flexibility exists. - Dr. Lisa Toppin, Input to Action
7. Build Equitable Policies
Flexibility in the workplace is one of the top ways employers can support overall employee well-being. It’s not about rigidity versus flexibility; it’s about building equitable policies that support the whole person, which ultimately drives higher employee satisfaction. A happier workforce is a more productive, engaged and healthier workforce. - Marcy Klipfel, Businessolver
8. Implement Principle-Based Policies
Principle-based policies, while seemingly more ambiguous, allow for a wider breadth of application than transactional rules. With the exception of legislatively obligated regulations, both businesses and HR benefit from being able to take under consideration the totality of circumstances through the lens of principles versus trying to navigate complex issues through poorly fitting rules-based policies. - Jon Lowe, DailyPay
9. Evaluate The Needs Of Someone's Role
Evaluate based on the role's needs. If someone can do their job effectively remotely, that added flexibility is a significant benefit and will bolster talent retention. If someone's job requires in-person activities, be honest and upfront about the needs. Sensitivity is always critical in these situations so employees feel heard but also clearly understand their responsibilities. - Nicky Hancock, AMS
10. Move To 'Outcome' Based Management
When we move to "outcome" based management, we don't require fixed or flexible work policies. There are exceptions based on the nature of the work. In general, the future of work is moving towards input-to-output outcome-based management. Individuals have different capabilities to execute the work, so when we switch to this model, the performance measurement becomes much more accessible. - Kannan Raghavan, Kemin Industries
11. Align Policies With Core Values
Non-negotiable policies should align with the company's core values, such as honesty, integrity and professionalism. These non-negotiables are important aspects that can be agreed upon by the entire team or with direct reports. They encompass expectations from your employer, work environment and culture, as well as what is and isn't acceptable from others. - Heather Smith, Flimp Communications
12. Differentiate Between 'Philosophy' And 'Policy'
HR Leaders need to differentiate between "philosophy" and "policy." Any policies that emphasize the company philosophy have to be non-negotiable, and any policy that is meant to increase productivity can have the possibility of being flexible. So, employee needs can be accepted and policy can be developed to support it, as long as it is not an incumbrance towards the philosophy. - Prakash Raichur, Taghleef Industries
13. Craft Personalized Work Plans
HR leaders should lean towards minimal non-negotiable policies, focusing instead on crafting personalized work plans that adapt to individual employee needs. This approach fosters a supportive and flexible workplace environment, reflecting a commitment to accommodating the unique circumstances and contributions of each team member. - Laura Spawn, Virtual Vocations, Inc.
14. Understand Organization Intricacies
Not all organizations are created equal. It is critical to understand the intricacies of the organization. HR leaders must assess company culture, industry standards, position roles and responsibilities, organizational goals, available technology and team member preferences to determine if a non-negotiable work policy versus flexibility best suits its needs. - Jane Binzak, BAXIMUS Enterprises LLC
15. Accommodate As Long As Work Is Done Well And On Time
The smaller the organization, the easier it is to make policy exceptions for employees who exceed in their performance without triggering accusations of unfairness. At my company of about 50, we try to philosophically accommodate any special need (WFH, unlimited PTO) as long as the work is being done on time and well. You might only make a policy non-negotiable that truly impacts work effectiveness. - Eric Friedman, eSkill
16. Consider Conditions That Can Be Performed Hybrid Or Remotely
Decisions around remote, hybrid and in-office work should first take into consideration the position requirements. Positions that are transactional in nature can likely be performed remotely or at least in a hybrid environment. Those that require a significant amount of cross-functional collaboration are likely better suited for hybrid or in-office. - Sherrie Suski, Tricon Residential
17. Tie Into Your Business Objectives
Whether or not to offer flexibility should be tied to the business objectives and goals of the firm. If the company's business objectives and goals can be achieved through a more flexible policy, it should be allowed as flexibility often increases employee satisfaction. However, if the objectives require an on-site, work schedule—from 7 a.m. to 5 p.m.—then that should be the policy. - Jake Zabkowicz, Hudson RPO
18. Comply With Labor Laws And Regulations
Ensure that any policy complies with labor laws and regulations. Doing so may dictate certain flexibilities, such as disability accommodations or family leave. - Britton Bloch, Navy Federal
19. Evaluate Risks In Decisions
In my mind, true non-negotiables are centered on risk—to the company, its people or the safety of its culture. Other areas have more of a gray area. So when implementing a non-negotiable work policy, ask yourself whether it’s a yes or no situation or whether a more creative, flexible solution could be offered to allow more people to feel invested in the company. - Ursula Mead, InHerSight
20. Sort Your Policies To Decide What To Be Flexible With
Tackle a sorting challenge with fierce intent: Which policies are truly non-negotiable—matters of safety, security and liability, say—and which can be loosened to boost employee satisfaction? Too often, rules are ironclad because they are simpler for the rule makers, not because it truly helps productivity. Embracing extra flexibility on non-critical policies can make a big impression. - Graham Glass, CYPHER Learning
