Although it is usually hidden, sentimental relationships in the working environment are often found. In Spain, the percentage ranges from 21 %, according to Infojobs, and 80 %, depending on Zety, depending on the type of relationship (from random romances to more formal relationships).
The high frequency explains why so many companies consider it necessary to adjust them through certain protocols.
In cases where these relationships end in the press, they have a very media effect, such as the recent dismissal of Nestlé CEO in Switzerland, thus previous scandals in the US.
As for the most recent case, Laurent Frasci, CEO of Nestlé, was rejected after intentionally hiding a romantic relationship with the subordinate, in a clear violation of the company’s behavior that requires notification of these situations. Internally investigated, as well as third parties, he initially denied the relationship, but finally was fired without compensation.
Although Switzerland does not legally prohibit the relationship between employees, many companies are like Nestlé – Demand Transparency to avoid conflicts Interest. Without reporting the relevant relationship, it is interpreted as a serious lack of corporate management.
This case is not the first. In the US, various paradigmatic examples have taken place in recent years. During the ColdPlay CEO Astronomer was surprised Kiss the cam Together with the HH director, in an intimate gesture. The video became viral, which led to an internal investigation, after which they both presented their resignation.
Another very popular case is the CNN president, who left his position in 2022, finding that he had a relationship with the head of communications. Despite the spoiled, the relationships were not announced in accordance with the internal protocols that created the scandal and its direct exit.
As for the rules in both countries concerning working relations, there is no law that prohibits sentimental relations between employees, but there is complete freedom to regulate them in accordance with their criteria. Usually, for contracts to include provisions that prevent them from maintaining any types of relationships with colleagues, and in many cases, relations between the chiefs and subordinates are specifically limited to the risk of favoritism, conflict of interests or prosecutions.
Even spoiled relationship can be considered a real reason for the dismissal, provided that domestic policy provides. Moreover Love contractsThanks to which the parties say the relationship is voluntary and do not pursue to legally protect the company.
In Spain, the defense of the proximity of work is greater. Sentimental relationships are not prohibited, and no one is the reason for the dismissal without being able to impose a general commitment to recognize all sentimental relations between employees, as it violates the right to privacy.
Starting with this general norm, in our opinion, there may be exceptions for very specific scenarios in which the company can establish a duty to declare relationships, always in the criteria of proportionality, legitimacy and needs. For example: in direct hierarchical relations (higher subset), where impartiality, equal attitude either generates favorableness, or in situations of conflict of interest, it is violated, that is, when relationships affect professional solutions (assessment of efficiency, stock, distribution of resources …).
In these cases, it may be valid to require a declaration of relationships, but not to analyze interest in privacy, but for the need to maintain the principles of equality, objectivity and non -discrimination in the organization.
Thus, a romantic relationship can cause disciplinary dismissal if they violate certain work responsibilities. This includes a hierarchical relationship that threatens impartiality or create a conflict of interest, assumptions about abuse of power, contractual violations such as filtering sensitive information, situations of discriminatory treatment, or a proven deterioration of the working climate obtained from this situation.
In these cases, the courts could recognize the sanction if they are objective, legitimate and proportional.
These types of cases emphasize that sentimental relationships at work are not a marginal phenomenon, but frequent and high reputation.
As for different rules, in Switzerland, the key lies in transparency and respect for internal codes. In the US, there is enough lack of communication and public perception to cause immediate dismissal, even in a spoiled relationship. On the other hand, in Spain, the employee’s privacy is more protection, but sanctions can be imposed if relationships are exposed to specific work responsibilities, impartiality or work climate, always within the guarantee.
