Agreements about love in the workplace

A general ban on relationships in the workplace does not hold up legally because it infringes upon a fundamental right and the private sphere — but as an employer, you can establish a reporting obligation and rules of conduct. This allows you to monitor potential conflicts of interest without unnecessarily violating your employees' privacy. Below, you can read what is and isn't allowed regarding romance in the workplace.

Are you allowed to ban relationships in the workplace?

Many employers are hesitant about romantic relationships at work, and not without reason: conflicts of interest can arise and colleagues may feel disadvantaged, especially in a hierarchical relationship between the partners. Various court cases demonstrate that love in the workplace entails risks

Nevertheless, a general ban will not hold up in principle. A written prohibition in regulations or a code of conduct is a clear norm, but in practice it is difficult to enforce because it infringes upon a fundamental right and relationships belong to the private sphere.

The notification obligation: a workable alternative

What is possible, however, is to establish certain rules, such as a reporting obligation. The partners would then have to inform the employer that they are in a relationship. Advantages:

• the employer is aware and the relationship is open for discussion;
• clear agreements can be made;
• If necessary, the employer can take measures, for example, transferring one of the partners to another department.

Important in this regard: always choose the least drastic measure that offers the desired solution.

Lay down the rules in a code of conduct

To inform employees of the reporting obligation, you can include this in a code of conduct or employment contract. A code of conduct has a practical advantage: it can be introduced or amended during employment without the employee's consent, based on the employer's right to issue instructions. In the code of conduct, you can include:

• the reporting obligation;
• rules to prevent conflicts of interest;
• possible sanctions.

It is crucial that you consistently enforce the code of conduct.

Dismissal due to a workplace relationship

Sometimes, continuation of employment is no longer possible due to the relationship. Based on the code of conduct, the discussions held, and previously attempted solutions, the court may consent to a dismissal. Violation of the duty to report can also lead to dismissal. In principle, the employer may choose which of the two employees to dismiss, but that choice must be sufficiently justified. Generally, the dismissal of the supervisor is more appropriate than that of the subordinate.

Take care of the well-being of colleagues

An employer is expected to care for their employees. Colleagues may experience stress or tension due to a relationship. The employer must take reasonable measures to restore balance in the workplace. Open communication—with respect for the privacy of those involved—is important in this regard, and sometimes it is wise to tighten internal procedures.

Frequently Asked Questions

Am I allowed to completely ban relationships in the workplace?

In principle, a general ban does not hold up legally because it infringes upon a fundamental right and the private sphere. A notification obligation and rules of conduct are, however, permitted.

Can I introduce a reporting obligation via a code of conduct?

Yes. Based on your right to issue instructions, you can introduce or amend a code of conduct with a notification requirement, even without the employee's consent. However, enforce the rules consistently.

Am I allowed to fire someone because of a relationship at work?

Sometimes, for example in cases of a conflict of interest or a breach of the duty to report, provided you have first considered less drastic solutions and properly justify your decision. Often, the dismissal of the manager is more appropriate.

Which employee may I dismiss if both are in a relationship?

In principle, you may choose for yourself, provided you sufficiently justify your decision. Generally, the dismissal of a supervisor is easier to justify than that of a subordinate.

Need help with a code of conduct or relationship policy?

A good relationship policy balances the interests of your organization with the privacy of your employees. We draft a legally sound code of conduct or disclosure obligation for you and advise on difficult situations.

Our employment law are happy to assist you. Schedule a no-obligation intake consultation.