Categories: Insights, Case Law, Publications · News, Publications

Tag: Corte di Cassazione, Dismissal, Licenziamento


5 Jan 2026

The limits to an employee’s right to criticize (Modulo 24 Contenzioso Lavoro – Vittorio De Luca, Alessandra Zilla)

Summary

  1. Regulatory framework of the employee’s right to criticize
  2. Case law limitations on the right to criticize
  3. Consequences of exceeding these limits: disciplinary aspects
  4. The right to criticize of the trade union representative

1. Regulatory framework of the employee’s right to criticize

Regulatory Framework

The employee’s right to criticize constitutes a specific expression of the freedom of thought guaranteed by Article 21 of the Italian Constitution, as an aspect of the individual’s moral personality that is exercised even within the employment relationship. This right also finds its foundation in Article 2 of the Constitution, which protects human dignity and the inviolable rights of the person in social relations. From a supranational perspective, it is further supported by Articles 10 of the ECHR (which reaffirms that “Everyone has the right to freedom of expression”) and 11 of the Charter of Fundamental Rights of the European Union, both of which establish freedom of expression as an essential element of democratic citizenship.

However, in line with the relative and balanced nature of fundamental rights, the employee’s right to criticize is subject to limitations arising from the need to reconcile it with other constitutionally protected values. On the one hand, this includes the protection of a person’s honor, reputation, and dignity (Articles 2 and 3 of the Constitution). On the other hand, it encompasses the freedom of private economic initiative (Article 41 of the Constitution), which cannot be undermined by forms of expression that damage the company’s image or operational efficiency.

Continue reading the full version published on Il Modulo 24 Contenzioso Lavoro.

Subscribe to our newsletter

Contact

Need information? Write to us and our team of experts will respond as soon as possible.

Fill in the form

More news and insights

8 Jul 2026

Pay transparency: one month after its entry into force, two approaches are emerging in the market (The Platform, 8 July 2026 – Vittorio De Luca, Claudia Cerbone e Martina De Angeli)

Since 7 June, EU rules aimed at strengthening the principle of equal pay between men and women for the same work or for work of equal value have…

2 Jul 2026

Did you know…? As of 7 June 2026, Legislative Decree No. 96/2026 is fully in force

As of 7 June 2026, Legislative Decree No. 96/2026 is fully in force. It also introduces into the Italian legal system a structured framework on pay transparency, with…

2 Jul 2026

Failure to serve disciplinary charges does not render the dismissal null and void: italian supreme court confirms no reinstatement remedy for employers below the statutory workforce threshold

Principle of Law In its recent judgment No. 17283 of 1 June 2026, the Italian Supreme Court (Corte di Cassazione) examined the legal consequences arising from the employer's…

2 Jul 2026

AI and the employment relationship: initial guidance from the implementing decrees and data protection implications

Following the preliminary approval by the Council of Ministers, on 10 June 2026, of the first draft legislative decrees implementing the enabling law on artificial intelligence (Law No.…

1 Jul 2026

Sustainability, Responsibility, and the Future: A Commitment That Grows with Time

As we celebrate our 50th anniversary, we have chosen to look to the future with the same care and dedication with which we preserve our roots. Those roots…

25 Jun 2026

Pay Equity and Pay Transparency: What Will Change in Italy (People are People, 25 June 2026 – Claudia Cerbone e Martina De Angeli)

With Legislative Decree No. 96 of 7 May 2026, which entered into force on 7 June 2026, Italy transposed Directive (EU) 2023/970 on pay transparency, becoming one of…