Is it legal to ban 'Affaires' at work? The Nestlé case under debate

The recent dismissal of Laurent Freixe, Nestlé's global CEO, after it was confirmed that he had an undeclared affair with a direct subordinate, has reopened an old debate: can companies prohibit or sanction sentimental relationships between their employees? Is it legal in Spain to dismiss an employee for breaching an internal code of ethics that requires disclosure of such relationships, or even prohibits them from being maintained within the company?

In the Spanish legal system, there is no legal prohibition against having a romantic relationship at work. On the contrary, the Spanish Constitution protects personal and family privacy (art. 18 EC) and guarantees non-discrimination based on personal or social status (art. 14 EC). Furthermore, the Workers' Statute recognises the right to dignity, privacy and non-discrimination, also on the grounds of family ties (arts. 4.2 e and 17.1).

The Constitutional Court has consolidated the doctrine of protection of privacy in the workplace, establishing that any business interference must be justified in an objective, legitimate and proportionate manner (STC 196/2004; STC 39/2016). Thus, a general prohibition of affective relationships in the company would be disproportionate and contrary to fundamental rights.

However, case law does admit sanctions when the relationship affects contractual good faith, labour discipline or the company's image. An example of this is the ruling of the TSJ of Catalonia (15 March 2024, Rec. 5543/2023), which declared the dismissal of two employees caught having intimate relations during working hours to be justified, for breach of discipline and contractual good faith. In this type of case, what is punishable is not the sentimental relationship itself, but the conduct that negatively affects the working environment.

In contrast, the SCJ of Madrid (20 May 2015, Rec. 784/2014) declared null and void the dismissal of a female worker solely on the grounds of her relationship with another employee, for violation of the right to privacy and non-discrimination.

Thus, Spanish case law establishes that it is not legal to generally prohibit sentimental relationships at work, although it is possible to sanction specific conduct that violates contractual good faith, generates conflicts of interest or affects the working environment.

In the Nestlé case, the dismissal was based on the concealment of a relationship with a direct subordinate, which entailed the violation of an internal corporate code. However, transposed to the Spanish framework, a dismissal based solely on this ground could be declared null and void for violation of fundamental rights, with the consequent mandatory reinstatement and payment of wages.

To reduce risks, companies should:

• Properly communicate internal codes to all employees.
• Limit restrictions to the objective consequences of the relationships (conflicts of interest, impact on the working climate, breach of contractual good faith).
• Proving real damages or punishable conduct beyond the mere existence of the relationship.

In conclusion, in Spain it is not legal to prohibit sentimental relationships at work in the abstract. It is possible, however, to sanction the negative consequences that they may generate, always under the principle of proportionality and for legitimate purposes. Companies should therefore design balanced internal codes that protect their interests without violating fundamental rights.

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