You will probably have heard about the incident at a concert where a so-called "kiss cam" was pointed at the CEO and CPO of a US corporation - with far-reaching consequences.

While US corporations often have strict codes of conduct designed to prevent romantic relationships in the workplace, this is unusual and also viewed with a very critical eye in enterprises in Austria. Consequences under employment law or even bans on relationships in the workplace are only permissible in specific cases.

Austrian employment law does not contain a general statutory prohibition on romantic relationships in the workplace. Personal relationships are fundamentally protected by the constitutionally guaranteed right to privacy (Art. 8 ECHR). Thus, employers cannot effectively impose a general ban on relationships in the workplace. 

However, if a relationship at work has an impact on business operations, consequences under employment law are conceivable. 

Here are a few examples: If the relationship impairs workflows, e.g. through conflicts, this may have consequences under employment law. In hierarchical relationships, e.g. between managers and employees, there may also be a need for action under employment law. If employees are favoured or disadvantaged due to relationships, they can assert claims under the Equal Treatment Act (GlBG) and employers must take action. Relationships in the workplace can also facilitate the disclosure of confidential information or lead to decisions being made on the basis of personal rather than objective criteria. This is particularly sensitive when confidentiality obligations between departments are, or could be, disregarded. In such cases, transfers or terminations may be conceivable. 

In Austria, relationships in the workplace are not prohibited by law. However, enterprises are well advised to establish fair, effective, clear and equitable rules so that, if necessary, they can respond appropriately to specific conflicts or power imbalances.

The KWR Employment Law Team is available to answer any questions you may have on the subject of workplace relationships.