No!
The employment contract implies the idea of "one commands and others obey," meaning that a person is obliged, in return for compensation, to provide their intellectual or manual labor to another within the organization and under the authority of that person.
Thus, the employment relationship results in three essential elements: the provision of work, compensation, and legal subordination.
The question here is whether the employer's authority can extend to the consensual romantic relationships of their employees – specifically, romantic relationships between colleagues.
Romantic and affectionate relationships of each worker fall within the scope of their private life. The right to privacy of personal and family life is a fundamental right protected by the Constitution and various international instruments.
Labor law itself regulates, in Article 16, paragraph 1, that "the employer and the employee must respect each other's personality rights, including maintaining confidentiality about the private life," further adding that the right to privacy includes "access to and disclosure of personal aspects related to family, affective, and sexual life, health status, and political or religious beliefs." This should be complemented by Articles 17 to 22 of the Labor Code, which outline different manifestations of this right to privacy.
Therefore, it seems that the romantic relationships each worker maintains with anyone (even a colleague) should be respected as part of their private life.
Thus, in principle, the employer cannot prohibit two or more employees from having a romantic relationship.
BUT WHAT IF SUCH A PROHIBITION IS INCLUDED IN THE COMPANY'S INTERNAL REGULATIONS?
As mentioned, the employer’s control (at the workplace and during working hours) cannot infringe upon the worker's right to privacy. For this reason, the employer’s authority should end once the worker is outside of work hours and location, giving them the freedom to manage their personal life as they see fit.
Therefore, if the internal regulations prohibit employees from engaging in romantic relationships with each other, such a prohibition cannot be binding, as it would violate the workers' right to privacy.
IS THERE A CASE WHERE A RELATIONSHIP BETWEEN TWO COLLEAGUES COULD LEAD TO DISMISSAL FOR JUST CAUSE?
In principle, no.
As stated, the fact that an employee is in a romantic relationship with a colleague does not, by itself, constitute just cause for dismissal.
However, the freedom of each worker to have a relationship with whomever they choose should not interfere with their work responsibilities. They must exercise restraint in displaying affection at the workplace and during work hours – good judgment should prevail, both from employees and employers.
In this regard, the Porto Court of Appeal, on April 29, 2019, ruled: "The display of affectionate acts between a worker and their partner cannot take place at the workplace and during working hours – bar/café at a gas station – which, although private, is open to the public. Such behavior is, in principle, reprehensible and constitutes a disciplinary infraction," but the court considered the dismissal for just cause to be excessive, stating that a simple verbal warning from the employer would have been sufficient.
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