Introduction: between the heart and the labor code
In the corridors of a company, affinities develop naturally. According to an IFOP study, almost one in three employees has already had a romantic relationship with a colleague. While love knows no boundaries, it does find its way into labor law, contractual obligations, loyalty to the employer, and the legal risks associated with any organization.
Human Resources Departments (HRD) are therefore increasingly faced with a dilemma: how to respect employees' right to privacy while safeguarding the company's interests? And above all, how far can they go without infringing fundamental rights?
A ruling by the French Supreme Court (Cour de Cassation) on June 14 2023 brought the subject back into the spotlight, confirming the dismissal for gross misconduct of a HRD who had a concealed relationship with a union representative. This emblematic case illustrates the subtleties of the legal framework and the room for manoeuvre available to HR managers.
1. What the law says: the principle of respect for privacy
Constitutional and conventional protection
The fundamental principle established by French law is respect for employees' private lives, guaranteed by :
Article 9 of the French Civil Code,
Article 8 of the European Convention on Human Rights (ECHR),
And the constant jurisprudence of the Cour de cassation.
Thus, an employer can only prohibit, regulate or punish a romantic relationship between employees if it causes an objective disturbance to the smooth running of the company.
In the Nikon ruling (Cass. soc., October 2, 2001), the French Supreme Court even reiterated that "employees are entitled, even at work, to respect for the privacy of their private lives".
The impossibility of a celibacy or prohibition clause
It is therefore strictly forbidden to include in an employment contract a clause prohibiting romantic relationships within the company. This would constitute a disproportionate invasion of privacy, and would render the clause null and void.
However, certain restrictions are possible in very specific cases, notably where there is a hierarchical link or a risk of conflict of interest.
2. The fine line between private life and professional obligations
The duty of loyalty and transparency
All employees owe their employer a duty of loyalty, which is even more important for executives and HR representatives.
As soon as a relationship can have an impact on an employee's duties, the requirement for transparency becomes legitimate. This is the case for :
A superior maintaining a liaison with a subordinate,
A HRD in relation with a staff representative (as in the 2023 ruling),
Or any situation where there is a risk of favoritism or influence.
Failure to declare this situation, even in the name of privacy, may be considered a breach of contractual loyalty.
The emblematic case: judgment of June 14, 2023
In this case, the French Supreme Court upheld the dismissal of a HR director for gross misconduct. He had concealed his relationship with a union delegate, while actively participating in collective bargaining.
The Court points out that such behavior is detrimental to the company's interests, justifying disciplinary action. It also emphasized that the duty of loyalty "is not incompatible with respect for private life where there is a risk of a manifest conflict of interest".
3. Legal and organizational risks
Labor risks
Poor management of romantic relationships can expose the company to several types of litigation:
Wrongful dismissal if an employee's sanction is disproportionate or unjustified,
Moral harassment in the event of a conflictual break-up between colleagues,
Unequal treatment if benefits are granted to an employee because of his relationship,
Invasion of privacy if personal information is collected or used without consent.
Governance risks
In managerial terms, an undeclared relationship can lead to :
An imbalance of authority within a team,
Interpersonal conflicts in the event of perceived favoritism,
A loss of confidence in the hierarchy,
And damage to the company's image in the event of a media scandal.
4. Action levers for HR departments
Setting up an ethics charter
Without infringing on privacy, an internal charter can serve as a reminder of the principles of transparency, loyalty and neutrality expected of employees in the event of a romantic relationship.
It may also provide for a voluntary reporting procedure to the HR department when a hierarchical link is involved.
Include specific clauses in contracts
In certain cases, notably for managers or members of the CSE, it is possible to add clauses to prevent conflicts of interest.
These clauses do not prohibit the relationship, but impose a reporting obligation in the event of a sensitive situation.
Training managers to adopt a neutral stance
Specific training on how to manage interpersonal relations and the limits that must not be crossed can help prevent risks. It can include modules on :
The weak signals of favoritism,
Post-breakup conflict management,
The manager's role in the event of a complaint.
5. Recent case law and analysis
Example 1: relationships between colleagues at the same hierarchical level
The French Supreme Court has repeatedly ruled that a relationship between colleagues at the same level cannot in itself justify a sanction, unless there is a proven organizational problem (Cass. soc., October 6, 2021).
Example 2: Proven favoritism
An employee promoted to a strategic position after starting an affair with his line manager had this decision overturned by the judges, on the grounds of breach of equal treatment (CA Paris, 2022).
Example 3: a manager's hidden relationship
A department manager who maintained a secret relationship with a subordinate was sanctioned for inappropriate behavior that undermined team cohesion, without the relationship itself being called into question (Cass. soc., 2019).
Conclusion: a delicate but essential balance
For HR managers, managing relationships within the company means navigating between respecting privacy, preventing conflicts of interest and preserving social cohesion.
Labor law allows neither intrusion nor blindness. It imposes a demanding framework based on transparency, proportionality of measures, and anticipation of risky situations.
Rather than trying to control everything, it's in the company's interest to establish a culture of trust and responsibility, by equipping its HR teams with solid legal tools and reflexes.
