Recent dismissal Laurent FreixeExecutive Director NestléTo maintain “unrelated romantic relationships” with subordinate, attracted global attention and raises questions about business policy and Labor legislation.
To understand how these types of situations in Peru will decide RPP He talked to the lawyers on the work of Sesar Pontian and Juan Valery, who announced the differences between laws and keys of Peruvian companies and employees.
Case Nestlé: Violation Code of Conduct
Swiss food giant, Nestléannounced the immediate dismissal of Laurent Frasci after an internal investigation that discovered Romantic relationships The violation of its business code is considered directly subordinated.
The decision was under control President Nestlé, Paul BulkAnd Chief Independent Advisor Pablo Is Is Is Is Is Isten with the support of an external advisor. Bulcke emphasized that the decision was “necessary” to maintain “values and management” of the company.
This is not an isolated case, since other transnational companies, such as BP, have encountered similar situations, saying goodbye to the leaders for not revealing personal relationships with colleagues. Philip Navuran was appointed Nestlé CEO with an immediate effect.
Is the same in Peru? Is it possible to fire an employee for maintaining a relationship?
Unlike what happened abroad, the lawyers on the work of Sesar Pontian and Juan Valera agree that “just maintain love relationships Among the workers of the same company (…) it is not the reason for the dismissal “in Peru. It is important to understand that” every legislation is different “, so we cannot directly repeat the consequences of dismissal in another country in Peruvian reality.
Dr. Valer emphasizes that the legislation on Peruvian work “does not prohibit the relationship between workers in the same range or in the other rank.” In addition, he clarifies that the company “either (may) agree against it because it is part of the basic right of human freedom.”
But when can Peru be punished at work?
Although relationship It is not the fault, there are specific situations in which you can carry sanctions or even dismissal. Valera emphasizes that the dismissal is possible “as long as the conflict of interest or some excessive action that can be used as an act of sexual harassment,” but “it is not because of the relationship itself, but from the consequences of the relationship.”
- Conflict of interest: If love relationships create some favoritism in relation to one side to the detriment of the other workers, it is considered a “conflict of interest” and is authorized. For example, the chief who gives less work, increase or improve his subordinate partner, although there are other best qualified ones will have a serious problem. The lawyer leads this to cases such as the contract for a vendor for a familiar, investing personal interest in the company.
- Invalid use of the company’s goods: Valera also mentions a serious offense “misuse of goods (company) in the couple’s activities.”
- Lack of transparency: If the company has ethical codes or behavior that ask about love connections that can cause conflict of interest, and the worker lies or does not proclaim the relationship: “We are faced with the fault.” The wine is not that the couple, but for the lie or the lack of transparency. Purtsian emphasizes that “transparency is always fundamental.” Valera adds that, even if human resources are notified, if the fact “is not allowed by ethics or disposal of goods or through sexual harassment, serious fault is made.”
- Inappropriate behavior: If people involved in the relationship “do not follow any type of inadequate behavior, some samples, some exhibitions” in a work setting, it can also cause a sanction. Valer also includes “some excessive actions that can be used as an act of sexual harassment.”
- Negative influence on the team: Although this is not the lack of dismissal when the relationship (or its rupture) affects the work of the team, it can cause the company to take action, such as assigning other tasks or changing them, always without doing professional harm.
Codes of transparency and ethics
Experts emphasize that “it is always good to be completely transparent.” Publine a friend relationship This allows the company to take preventative measures, for example, without assigning work together when they work in one area without this sense of sanction. Modern companies usually have ethical codes and behaviors that seek to avoid Conflict of interestAnd many have anonymous grating mechanisms for non -compliance.
Dr. Valera adds that the companies, knowing the relationship, may offer “training employees regarding what consequences or help need to perceive the relationship between workers.” It acts regardless of whether they are from the same area or there is a hierarchical relationship. However, if the acts are committed against the company’s policy – such as the above -mentioned malfunction commission may be “caused”.
Thus, while the love relationship between colleagues is not the cause of dismissal in Peru, the key is transparency and avoidance Conflict of interestInappropriate behavior or misuse of the company’s resources. Hiding relationships or creating unnecessary advantages are real reasons that can lead to significant working problems.
(Tagstotranslate) Nestlé (T) Work (T) Relationship
