Valentine's Day at Work: A Blessing or a Burden?

Love is a verb: Recent studies show that for 1 in 10 Belgians, Cupid has struck at work at least once. A blossoming romance can spread positive vibes throughout the entire team, but it can also lead to problems such as conflicts of interest, unprofessional behavior, office gossip, or a loss of motivation. With Valentine’s Day just around the corner, the question arises as to whether romantic relationships are acceptable in the workplace—and how best to handle them. As an employer, you certainly cannot prohibit workplace relationships. These are part of the employee’s private life, and an employer should not interfere. In principle, an employee is not even required to disclose that he or she is in a relationship at work. However, the right to privacy is not absolute. It can be restricted if the employer has a legitimate interest in doing so. In practice, there are various situations in which an employee’s right to privacy conflicts with the employer’s interests. For example, if a relationship leads to inappropriate intimate behavior in the workplace or has a negative impact on the quality of work, an employer may intervene. Relationships can also lead to conflicts of interest (a manager granting an undeserved promotion to a coworker, coworkers forming cliques, etc.). Or consider a relationship between coworkers where one has access to sensitive company information, creating a risk that sensitive information could be leaked.

- First, an employer will be able to rely on the standard remedies provided by the Employment Contracts Act. Employees must perform their employment contracts in good faith, whether they are in a romantic relationship or not. Entering into a relationship cannot be prohibited, but an employer can reprimand an employee if his or her behavior is harmful. Dismissal may even be an option if the relationship leads to actual problems: inappropriate intimate behavior, the leakage of sensitive company information, discrimination, etc. - The employer’s legitimate interests may also justify requiring employees to disclose certain relationships: with a subordinate, a competitor, or, for example, a student or patient. Such disclosure must, however, be limited to cases where the relationship could have a significant impact on the proper performance of the employee’s duties. - In some Anglo-Saxon countries, companies use a “love contract”: a document in which employees confirm that they are in a consensual relationship and that they will comply with company guidelines on professional conduct and independence. Although the enforceability of such a contract is legally uncertain, it does provide clarity. Employees know that their relationship is accepted, but they also know what is expected of them. - It may be helpful for employees to transfer to a different department or for certain tasks or the organizational structure to be adjusted slightly—for example, to prevent a supervisor from evaluating his or her partner’s work. In every situation, it’s important to assess which arrangements are necessary and proportionate. Also keep in mind that significant changes must always be made in consultation. Intimate relationships at work will always occur and will always carry a certain risk. As an employer, however, you don’t need to be afraid to intervene if things go wrong. Provided there is mutual respect and clear agreements in place, many problems can be avoided. This way, every day can feel a little like Valentine’s Day among colleagues. Crauwels Advocaten is happy to be your partner in developing general guidelines or finding solutions to specific problems. Please feel free to contact us.