Is it possible to be terminated from a job in Germany due to a romantic relationship at work?
In Germany, the legal landscape governing romantic relationships in the workplace is nuanced and balanced, respecting both employees' privacy and personal autonomy while allowing employers to regulate relationships that could potentially impair business interests.
Unlike some countries, Germany does not have a comprehensive statutory law specifically regulating workplace relationships. Instead, several existing laws and principles, such as labor law, anti-discrimination legislation, and data protection regulations, indirectly influence employer policies and practices related to these relationships.
There is no statutory prohibition against romantic relationships between employees in Germany. Employers generally cannot forbid or dictate the private lives of their employees, as this would infringe on personal rights protected by the German Constitution (Grundgesetz). However, if a relationship creates a clear conflict of interest—for example, if it involves a supervisor and a direct subordinate—the employer may have a legitimate interest in regulating or disclosing the relationship to prevent conflicts, bias, or breaches of duty.
German law does not require employees to disclose romantic workplace relationships as a general rule. However, an obligation to inform the employer may arise if the relationship creates a conflict of interest, professional rules apply, or company policies require disclosure as part of good corporate governance or anti-corruption measures. Companies may implement internal policies that require disclosure in cases of potential conflicts of interest, but these must be reasonable and not excessively intrusive into employees’ private lives.
Consequences for employees involved in workplace relationships depend on the circumstances and company policy. Termination of an employment contract due to a romantic workplace relationship is generally not permitted unless it can be proven that the relationship has a negative impact on workplace operations, violates company policy, or creates conflicts of interest that are not otherwise manageable. Dismissals based on sex, pregnancy, or family status are prohibited under the General Equal Treatment Act. If the relationship leads to a breach of duties, such as favoritism or disregard of anti-corruption rules, disciplinary measures, including dismissal, may be justified.
Many German companies establish internal guidelines in cooperation with the works council to clarify expectations, disclosure requirements, and consequences. These policies typically focus on conflict of interest prevention, transparency in decision-making, equal treatment and non-discrimination, and data protection and privacy.
In summary, Germany takes a balanced approach, respecting employees’ privacy and personal autonomy while allowing employers to regulate relationships that could impair business interests, provided they act reasonably and without discrimination. Disclosure is not generally mandatory, but may be required by company policy or in cases of conflict of interest. Dismissal for a workplace relationship alone is not permitted, but disciplinary action may be justified if duties are breached or operations disrupted.
Notable examples include the media giant Axel Springer SE, which requires executives to disclose relationships with their subordinates, and the 2005 Duesseldorf Higher Labour Court ruling that Walmart's ban on romantic relationships among employees was a violation of human dignity. The court also ruled that companies must make efforts to protect workers from sexual harassment, but the limits for such provisions would need to be agreed with the works council.
Employees in senior positions who engage in office romance should be conscious of the risk of favoritism and may be expected to take steps to avoid potential conflict of interest. Prohibiting intimate acts at the office or during working hours, and ensuring that company property is not used for personal chats, are examples of such regulation. In extreme cases, employees can be dismissed if their workplace relationship causes disruptions.
- Incorporating a health-and-wellness focus, some German companies might encourage lifestyle adjustments, such as promoting exercise and stress management, to improve workplace-wellness and productivity.
- As relationships evolve and grow, maintaining open lines of communication and upholding mutual respect are crucial elements for maintaining good relationships in a setting that blends love-and-dating with the workplace.
- By adhering to the principles of science and evidence-based practices, organizations can foster an environment that supports healthy relationships among employees, benefiting both their personal happiness and professional success.
