3 things about love in the workplace: not such a good idea after all?

As an employer, you cannot simply prohibit a relationship between colleagues — that infringes on their personal privacy. However, relationships in the workplace can have legal consequences: ranging from conflicts of interest and competition to disputes arising from a conflict or departure. Clear rules of conduct and sound contracts prevent problems.

Are you allowed to prohibit relationships at work?

A complete ban on relationships between employees does not hold up in principle: it infringes too deeply on personal privacy. However, you may establish reasonable rules of conduct, for example regarding the disclosure of a relationship within a hierarchical relationship (supervisor and subordinate) to prevent conflicts of interest.

Conflict of interest and competition

Relationships can lead to difficult situations. Consider a partner starting a competing business, putting confidential information or clients at risk. A well-drafted non-compete or non-solicitation clause and a confidentiality clause in the employment contract will protect you in such cases, provided they are validly drafted.

Conflicts and business agreements

If a relationship breaks down, this can have repercussions in the workplace: a strained employment relationship, or disputes regarding work performed during the relationship (such as unpaid invoices or services rendered). Always record business agreements between related parties in writing, separate from the relationship.

Establish your policy

Include a policy regarding workplace relationships in your employee handbook: reporting obligations regarding hierarchical relationships, handling conflicts of interest, and the applicable rules of conduct. This way, you respect privacy and protect the company.

Frequently Asked Questions

Am I allowed to prohibit a relationship between employees?

A complete ban does not hold up in principle. You may, however, establish reasonable rules of conduct, such as a reporting obligation in the case of a relationship of authority.

How do I protect my business if a partner starts competing?

With a valid non-compete or non-solicitation clause and a confidentiality clause in the employment contract.

What do I do with business agreements within a relationship?

Always record these in writing, separate from the relationship, so that they remain enforceable even in the event of a breakup.

Are your personnel policies and contracts in order?

Our legal experts establish rules of conduct in your employee handbook and draft a non-compete clause . View our employment lawteam or schedule a free consultation.