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Relationships at Work Are Not Prohibited by the CLT, but Internal Rules Can Limit Conduct, Joint Vacations, and Even Impose Disciplinary Sanctions
A recent episode involving executives from the American company Astronomer reignited the debate about dating and relationships in the workplace. The controversy began when a public broadcast camera, the famous kiss cam, caught an intimate moment between the company’s CEO and the human resources director during a Coldplay concert in Boston on July 17.
The scene went viral and raised a question: what would happen if this scenario occurred in a company in Brazil? After all, infidelity or dating among colleagues can be grounds for dismissal for just cause?
What the CLT Says About Professional Relationships
The Consolidation of Labor Laws does not prohibit affectionate relationships between employees. The Constitution also protects intimacy and private life, preventing dating or marriage from serving as legal justification for punishments in the corporate environment.
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According to labor attorney Cristina Pena, imposing restrictions in this area can violate fundamental rights. “Prohibiting people from falling in love is unconstitutional. What is possible is to establish appropriate conduct in the workplace, provided there is no discrimination or abuse,” she states.
Companies Can Impose Internal Rules
Even without legal prohibitions, companies have the autonomy to set rules that avoid conflicts of interest.
Internal policies, such as codes of ethics and conduct manuals, may restrict direct hierarchical relationships or require communication to the HR department when a relationship is formalized.
When Just Cause Is Applied
Article 482 of the CLT provides for termination for just cause in cases of “behavioral misconduct,” which can include inappropriate behaviors at work.
However, courts are often cautious when applying this justification in situations involving infidelity or dating.
Tolentino emphasizes that only in extreme cases, such as direct violation of internal rules or proven harm to the company, can just cause be accepted. Otherwise, termination should occur without just cause, which is legally safer.
Public Affection Can Lead to Warnings
Although relationships are allowed, excessive displays of affection in the professional environment can be limited.
Attorney Ana Gabriela Burlamaqui explains that kisses, frequent hugs, or similar behaviors may be deemed inappropriate, depending on internal policy.
“If the couple violates coexistence norms or previously disclosed conduct rules, the company may impose warnings, suspensions, and, in repeated or serious situations, even terminate the contract,” she notes.
Secret Relationships and Risks
Maintaining a relationship in secrecy is not illegal. However, if the company has specific rules regarding relationships between direct subordinates, hiding the situation can result in penalties.
Ana Gabriela clarifies: “just cause only applies if the company proves there was a violation of a known rule and that the act compromised the proper functioning of the team or impartiality in decision-making processes.”
Spouses and Nepotism
The hiring of spouses or close relatives may be subject to internal restrictions, primarily to prevent nepotism.
However, generic prohibitions may be considered discriminatory by the Superior Labor Court.
For Cristina Pena, the criteria should be objective. “If the company justifies the restriction based on real risks of compromising administrative impartiality, it may be considered legitimate. The important thing is that the policy is well-founded and does not violate the principle of equal opportunity,” she explains.
Compatible Vacations and Schedules
Couples may request joint vacations or similar schedules, but the final decision rests with the company. The CLT stipulates that the interests of the employee must be considered, but the employer has the final word in organizing rest periods.
Discriminatory Dismissal Can Lead to Compensation
If an employee is dismissed solely because of a relationship and there is no violation of a rule, they may sue for compensation for moral damages.
For this, it will be necessary to prove that the dismissal was discriminatory and harmful to their honor.
Public Exposure Requires Business Caution
High-profile cases, such as that of Astronomer, show that public exposure of relationships can affect the company’s image.
Still, punitive measures must be based on legal and objective criteria.
Experts recommend that companies invest in compliance policies, training, and clear communication channels to prevent problems.
The Balance Between Privacy and Rules
Relationships between colleagues are not prohibited by law, but they require caution. The best solution is for companies to create transparent policies that can preserve both the privacy of employees and the proper functioning of the work environment.
Just cause only applies when there is proven breach of internal rules or actual harm to the company.
Therefore, the safest path lies in a combination of respect for individual rights and clear rules for coexistence.
With information from Cirocontador.com and portal G1.
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