Friday, March 5, 2010

To Love or not to love!

"Love at workplace" is not a new thing. People spend a lot of time in office and if it is the case of bachelors , many times they come home just to eat and sleep. Office is their second home. And given the amount of time one spends in office with one's colleagues, its not unnatural to develop closeness and relationships. What's new is how organisations are handling this workplace phenomenon. Some work place ethics have always been there which have decided the rules at workplace. There can be no nepotism, favouritism etc in any reporting relationship. There can't be any discrimination on basis of religion, community, region or gender. These things are difficult to prove though. But cases of sexual harassment can attract heavy penalties and even termination.

But the point being discussed here is not only from an individual employee’s point of view but also from the organisation’s point of view. Why would an organisation go for such a thing as a “ love contract” which two people in a romantic relationship have to sign?

Love contract policy

A love contract policy establishes workplace guidelines for dating or romantically involved co-workers. The purpose of the policy is to limit the liability of an organization in the event that the romantic relationship of the dating couple ends. The main component of the love contract policy is a love contract.

The love contract is a required document signed by the two employees in a consensual dating relationship that declares that the relationship is by consent. Additionally, organizations may include guidelines on behaviour appropriate at work for the dating couple.

Love contracts eliminate the possibility of a later sexual harassment lawsuit when the relationship ends.

Can we do without a Love Contract Policy

At several companies, however, the sexual harassment policy states clearly that romantic relationships between co-workers are none of the company's business unless fallout from the office romance affects the workplace. If this happens, Human Resources staff, of course, and their manager in conjunction, would have to address the behaviour.

So right conduct at workplace can be enforced even without a contract.

A manager, however, should not become romantically involved with nor date a reporting staff member. If a manager chooses to do so, he or she has to notify Human Resources. In these instances, the manager will be the employee who needs to change jobs in the company, assuming a position is available.

This policy, in conjunction with a strong sexual harassment policy and an effective reporting and investigation policy will protect the workplace from litigation.

What Love Contract cannot solve

Increasingly co-workers are litigating over the differential treatment the employee in the romantic relationship received from the manager.I don't believe a love contract will solve the litigation issue. Plus, employees can always charge that they were pressured into signing the love contract at a sensitive time during their employment.

Also any love contract policy requires disclosure of a romantic relationship to Human Resources.Same sex couples, people who are attempting to keep their relationship secret and people who are married to a different party are unlikely to disclose the relationship to public scrutiny.

Even though many attorneys believe a signed love contract lessens the organisation's liability, I prefer the above recommended solutions rather than a love contract policy and a love contract.

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