Can the company prohibit romantic relationships between employees?

It is increasingly common for romantic relationships to emerge in the workplace. After all, daily interaction and close contact between colleagues for many hours can foster emotional bonds. However, the question that arises spontaneously is: what are the legal limits of this situation? Does Brazilian labor legislation address this issue? Can the company prohibit relationships between employees? In which cases is dismissal for just cause possible?

Are there any legal provisions regarding romantic relationships at work?

The Consolidated Labor Law (CLT) does not provide rules on romantic relationships in the company environment. The Constitution provides in article 5, In other words, that the employer cannot interfere in the employee’s romantic relationship outside the workplace, under penalty of violation of constitutional guarantees.

Internal company regulation/policy

Although there is no direct legal provision, companies can adopt internal conduct policies through regulations or codes of ethics, which provide guidance on emotional relationships between employees or between superiors and subordinates.

However, an absolute ban on such relationships is not advisable, as this could constitute a violation of the worker’s private life and individual freedom. What is accepted is the definition of rules aimed at preventing conflicts of interest, favoritism or harassment situations, especially when the relationship involves superiors and subordinates.

The company, in cases of relationships between superiors and subordinates, if they belong to the same area, can verify the possibility of changing the area of ​​the aforementioned employee, as long as this does not cause them any damage.

Possibility of just cause

The simple fact of having a romantic relationship in the workplace does not constitute sufficient reason for just cause.

Just cause will be applicable only when the relationship is linked to unlikely acts (such as irregular favoritism in promotions or benefits), causes public scandal or embarrassment in the workplace, harms the company image or occurs inappropriate displays of affection, such as caresses and different treatment. It is therefore not the relationship itself that generates the just cause, but rather the negative consequences of the behaviors that derive from it.

However, in a recent decision, the Regional Labor Court of the 2nd Region issued a decision in file 1001522-59.2024.5.02.0087, in which it maintained the ruling that recognized just cause between the company owner and a subordinate. In this case, the “defendant claims that the complainant was dismissed for just cause on 07/15/2024, for incontinence of conduct or bad behavior (for having had a romantic relationship with the husband of the employer and co-owner of the company, in clear defiance of the ethical standards expected in the work environment), act of indiscipline or insubordination (directly confronting her direct superior, demonstrating total lack of respect for the hierarchy and internal rules of conduct) and acts detrimental to honor or good reputation or physical crimes committed against the employer and hierarchical superiors (spelling swear words and expletives directly towards Ms. Amanda, her employer and hierarchical superior).”

The decision states that, considering that the wife of the owner of the company hired the complainant and that “there was a relationship of affection and trust between the complainant and the wife of the defendant owner”, who managed the company, “it is evident that the behavior of the complainant characterizes an incontinence of conduct, giving rise to the motivated dismissal, pursuant to Article 482, letter b) of the TTU, with evident violation of the trust placed in her.”

Therefore, each case must be analyzed in isolation so that each requirement can be analyzed individually.

Dismissal without just cause and discrimination

If the company chooses to terminate the contract of an employee involved in an employment relationship, dismissal without just cause is legally possible, since the employer has the right to terminate the employment contract (art. 7, I, CF/88 and art. 477, CLT).

However, if the dismissal is motivated solely by the romantic relationship, without any conduct detrimental to the work environment, it may constitute a discriminatory dismissal. This is because the motivation directly affects the worker’s private life, protected by the Constitution.

Consequences of discriminatory dismissal:

• Reinstatement of the employee, with payment of wages and other rights for the period of absence;

• Or compensation in lieu, at the employee’s discretion, based on the TST 443 summary, which recognizes the presumption of discriminatory dismissal in certain situations.

Romantic relationships at work are not prohibited by Brazilian legislation, but require caution. The company cannot limit the fundamental rights of workers, but it can adopt internal policies to preserve ethics, avoid conflicts of interest and prevent harassment situations.

Just cause will apply only in cases of serious conduct deriving from the relationship, and dismissal without just cause, if discriminatory, can lead to serious legal consequences for the employer.

The balance therefore lies in respecting the worker’s private sphere, without neglecting the preservation of a healthy and productive working environment.

Giovanna Tawada is a lawyer with a bachelor’s and master’s degree in Labor Law and Labor Processes. He is a partner of Feltrin Brasil Tawada.

Source: Terra

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