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.

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