The right to privacy protection is guaranteed by the Federal Constitution, but there are situations in which a dismissal may occur.
If you’re not careful, you could be as unlucky as the executive of an American company in Boston this week, and see a slip-up in your personal life leaked and spread around the world. Andy Byron, president of the technology company Astronomer, is likely having his life turned upside down right now after being caught on camera at a Coldplay concert embracing a woman—who is not his wife. The partner in the footage was identified as Kristen Cabot, the head of human resources at the same company, who is also married to someone else.
What could happen to employees in a similar situation in Brazil? According to labor lawyers consulted by VEJA , they could even be fired for cause, but there are protections that can work in the employee’s favor. “In principle, dismissal for cause is considered valid if the company has internal policies, such as codes of ethics and conduct, prohibiting high-ranking employees from interacting with each other,” says Ricardo Calcini, partner at Calcini Advogados and professor of labor law at Insper. “Especially if there is a hierarchical relationship between the two,” he emphasizes.
Fabio Chong de Lima, a partner at LO Baptista , points out that an incident like marital infidelity, besides not constituting a serious offense, is a personal matter, which, depending on the understanding, is a right protected by the Federal Constitution . One of the first articles of the Constitution that governs the country’s legal framework defines the inviolability of “the privacy, private life, honor, and image of individuals” (Article 5, X).
“Because these are the personal lives of those involved, any dismissal would depend on the severity and impact on the workplace,” he says. “It would only be possible if the situation goes beyond the private sphere and interferes with the workplace, such as scandals, conflicts, embarrassment, or harassment. Other situations that could lead to dismissal would have to somehow affect the honor of colleagues or superiors in the corporate environment or cause concrete damage to the company’s image or coexistence.”
Internal rules
Companies can, however, create specific rules governing coexistence and relationships between employees. “The Consolidation of Labor Laws (CLT) doesn’t provide for this type of limitation in the corporate environment, but the prohibition can be established through internal regulations,” says Calcini. “This is especially true when the relationship involves people in strategic positions within the company and with different hierarchies, such as boss and subordinate, as this creates a direct conflict of interest at work.”
Among the types of common policies that do not violate any law, experts cite
- Prevent couples from having a direct hierarchical relationship, avoiding favoritism or conflicts of interest;
- Require communication from the HR department if the relationship involves a boss and subordinate;
- Establish ethical conduct in the workplace (such as avoiding public displays of affection in the workplace);
- Change the sector involved if there is proven harm to the professional environment
“The generic and absolute prohibition of romantic relationships between colleagues can be considered abusive,” says Chong de Lima.