Should we tell your employer that we are in a relationship with a colleague? Here is what the Labor Code says

Pexels / cottonbro studio

Can we be dismissed for having a romantic relationship at work? Moreover, Are we required to inform your employer that you attend a colleague? Meanwhile, Here is what the law says.

Labor law – These are images of an extramarital relationship that have gone around the world. For example, Those of Andy Byron. Consequently, CEO of the Astronomer company, filmed by a « kiss cam » Having a colleague, the company’s HRD, during a Coldplay concert in Boston. However, The catch is that Andy Byron is married to another woman … Moreover, should we tell your employer and that her colleague is also committed elsewhere.

The deception could have stopped there if we were not in 2025. Meanwhile, Return millions of times on networks on networks. For example, the images of the illegitimate couple trying to hide were right for their careers. However, Faced with the magnitude taken by the case. Consequently, Astronomer first announced that he had suspended his CEO, as well as the human resources manager, before Andy Byron announces her resignation on Saturday evening, probably under pressure from the board of directors.

What about in France? Can we be dismissed for having a romantic relationship at work? Are we required to inform your employer that you attend a colleague? Here is what the law says.

In the office. respect for privacy also prevails

Unlike the United States, nothing prohibits French employees from maintaining a romantic relationship should we tell your employer – official or not – with a colleague. And this. under article L121-1 of the Labor Code, which specifies that “No one can bring to the rights of individuals and individual and collective freedoms of restrictions which would not be justified by the nature of the task to be accomplished or proportionate to the aim sought”. In other words: employees are also entitled to respect for their privacy in the professional context. including if they have a personal relationship at work.

This respect for privacy also applies if the direction of the romantic relationship. As explained to Echo Me Marie-Océane Gelly. lawyer specializing in labor law, “An employee cannot be penalized for a fact that comes from his private life”. This also means that it is impossible to dismiss. or even to mutate, an employee because he is in a relationship with a colleague. As for the company’s should we tell your employer internal regulations, he cannot prohibit workers from frequenting themselves, under penalty of being considered abusive.

Furthermore. recalls Me Marie-Océane Gelly, “The Labor Code does not approach the concept of torque” et « There are no specific obligations in the law ». So nothing forces two employees either to inform their superior. human resources that they have a romantic relationship, not even if there is a possible link of subordination between them.

Possible sanctions if the relationship harms the company

Here is for the general framework, which there are nevertheless exceptions. Thus. a judgment of the Court of Cassation dated September 16, 2009 argued that if a romantic relationship caused a “Objective disorder characterized to the company”for example by jeopardizing the good progress of the company or the service rendered, or that it is harmful to teamwork, the employees or the employees concerned could receive should we tell your employer a warning or a reminder to order, or even be dismissed in the event of a serious breach.

This may notably be the case if the romantic relationship causes favoritism. conflicts of interest, especially if one of the employees involved occupies a management position or within human resources, where confidential data are processed. However, it is these two positions that Andy Byron occupy and the collaborator with whom he had a link.

Does this mean that in France. a pattern caught in the act of adultery would have known the same fate as him? It is likely. considers in the columns of Parisian this Monday Sandra Gallissot, sworn mediator with the court of appeal and human resources expert, which recalls that“A CEO has a corporate mandate issued by the Board of Directors” and that he can be revoked at any time, and even more if his should we tell your employer behavior has “Directly tainted the reputation of the company”. It is this score that the Astronomer company played to suspend Andy Byron before pushing it to resign.

Finally, even if they are granted, watch out for sex on the workplace. As reminds The echoesthey can be worth a dismissal for serious misconduct. This is in any case declared the Lyon Court of Appeal in its November 2018 judgment: “The sexual relations maintained by two employees of the company. who took place in the workplace and had as a witness an employee who was shocked constitute a serious violation of the contractual obligations. Such facts made it impossible to continue the employment relationship, including during the period of notice ”.

In all cases. it is up to employees engaged in a relationship to assess their personal situation and determine together whether or not they wish to inform should we tell your employer their business. For its part, it is required to respect the principles of non-discrimination and respect for the privacy of its employees. In the event of a problem. it is better to take advice with a lawyer in labor law, who will be able to provide advice adapted to each.