Can you limit the 'right to love' in the workplace?

No, you cannot contractually prohibit love or relationships between employees. A relationship takes place in the private sphere and falls under the right to respect for private life (Article 8 ECHR). As an employer, you may not directly restrict this. However, you may protect legitimate business interests, for example with a confidentiality clause, a separation of duties, or an amended code of conduct. And if a relationship in the workplace demonstrably leads to a conflict of interest, the leaking of confidential information, or poor performance, you may take targeted measures, in the extreme case dismissal.

Are you allowed to ban love in the workplace?

The short answer: a general ban on relationships between colleagues does not hold up legally. Who someone loves and with whom someone enters into a relationship belongs to the employee's private life. That private life is protected by Article 8 of the European Convention on Human Rights (ECHR). That protection does not stop at the front door: it also applies at the office and within the employment relationship.

A clause in the employment contract prohibiting employees from entering into a romantic relationship is therefore generally unenforceable. As an employer, you do not control the relationship itself, but rather its potential consequences for your company. That distinction is crucial: everything you regulate must be aimed at a concrete business interest and not at the private lives of your employees.

What are you allowed to arrange as an employer?

You cannot restrict private life, but you do not have to leave your business interests unprotected. In practice, there are various legitimate instruments that you can use individually or in combination.

Confidentiality clause

The most important instrument is a confidentiality clause. With this, you stipulate that an employee will not share confidential information, both during and after the termination of employment. This is relevant when, for example, an employee enters into a relationship with someone at a direct competitor. The clause does not prohibit the relationship, but makes it crystal clear that sensitive company information must remain within the organization. If the clause is violated, this can lead to liability for damages or a pre-agreed penalty.

Separation of duties and code of conduct

In a relationship between a manager and a subordinate, the appearance of a conflict of interest can easily arise, for example regarding performance reviews, promotions, or salary. A code of conduct may stipulate that such a relationship be reported and that the manager subsequently ceases to make decisions regarding that employee. This ensures that decision-making remains transparent without intruding on someone's private life. Preferably, record these types of agreements in writing, for example in an employee handbook or in the employment contract.

Non-compete and non-solicitation clauses

If the primary concern is the loss of customers or knowledge to a competitor, a non-compete or non-solicitation clause offer a solution. Keep in mind that strict requirements apply to such clauses: they must be agreed upon in writing and may not unreasonably restrict the employee. A clause formulated too broadly may be weakened or rendered inoperative by the court.

When are you allowed to intervene in a relationship at work?

Intervention is only permitted when the relationship affects the business interest, and even then, it must be proportionate. Consider situations in which:

• the performance or the work atmosphere demonstrably suffers under the relationship;
• there is a real risk that confidential information will fall into the hands of a competitor;
• there is a conflict of interest, for example a manager evaluating their own partner;
• The relationship leads to undesirable behavior or an unsafe work environment for others.

In such cases, you weigh two interests against each other: the employee's right to privacy and the legitimate interest of your company. The more serious and concrete the business risk, the more scope there is to take measures. Document what is at play so that you can demonstrate later that you acted proportionately.

Dismissal is the last resort

Is dismissal the right response to a workplace relationship? Usually not. In Dutch employment law, dismissal is considered an ultimum remedium: the last resort, only when less drastic solutions are insufficient. Often, there is a lighter alternative:

• transfer one of the two employees to another department;
• adjust the job description or reporting line to prevent conflicts of interest;
• Make clear agreements regarding confidentiality and conduct.

If you do wish to proceed with dismissal, you must have valid grounds and follow the correct procedure. A breach of a confidentiality clause or demonstrable damage to the company's interests can provide substantiation. Seek proper advice on this matter, as a careless dismissal can prove costly. You can read more about this on our page regarding dismissal law.

Practical example: relationship with the competitor

Suppose your sales manager enters into a relationship with the commercial director of a direct competitor. You cannot prohibit the relationship itself. However, you do have an interest in ensuring that quotes, margins, and customer data do not leave the premises. With a good confidentiality clause, you establish that confidentiality and have a legal basis if information is actually leaked. If damage occurs, your position will be much stronger than if you had made no arrangements. The clause is not a miracle cure, but it is an important part of a carefully constructed file.

Step-by-step plan: carefully manage workplace relationships

Do you want to be prepared in advance instead of only reacting when something goes wrong? Then work through these steps:

1. Map out which business interests are vulnerable, such as confidential information, customer relationships, or unbiased assessments.
2. Stipulate confidentiality in the employment contract or a separate confidentiality clause.
3. Include a code of conduct with a disclosure requirement for relationships that could cause conflicts of interest.
4. Agree on how to handle the separation of duties if a manager and a subordinate enter into a relationship.
5. Act proportionally when problems arise and build a case file before taking more severe measures.

Frequently Asked Questions

Am I allowed to include a non-solicitation clause in the employment contract?

A general ban on relationships between employees is generally unenforceable because it infringes upon private life, which is protected by Article 8 of the ECHR. However, you can make agreements regarding confidentiality, reporting potential conflicts of interest, and conduct in the workplace.

What can I do if a manager and a subordinate start a relationship?

The most common solution is separation of duties: ensure that the manager no longer decides on the partner's performance review, compensation, or promotion. This prevents conflicts of interest without prohibiting the relationship.

Does a confidentiality clause help with a relationship with a competitor?

Yes, indirectly. The clause does not prohibit the relationship, but stipulates that confidential information remains within the organization. In the event of a violation, this can lead to damages or a fine, and it strengthens your position if you need to take further measures.

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

Only in exceptional cases and as a last resort. A concrete business interest must be at stake, such as demonstrable damage or a serious conflict of interest, and less restrictive measures must be insufficient. Always have the grounds and the procedure legally reviewed.

Am I allowed to require employees to report a relationship?

A reporting obligation may be reasonable insofar as it serves a concrete business interest, for example, preventing a conflict of interest between a manager and a subordinate. Limit the reporting obligation to what is strictly necessary and use the data only for that purpose.

Help with relationships and confidentiality in the workplace?

Do you want to properly safeguard your business interests without violating your employees' privacy? Our legal experts help you with a suitable confidentiality clause, a watertight employment contract , and tailored advice on employment law.

Schedule a no-obligation intake and discuss your situation with a specialist.