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The employee's right to voice criticism of the employer

  • 24/04/2019

The boundary between the legitimate exercise of the worker's right to voice criticism of employer and the breach of the fiduciary bond is not easy to outline: with sentence no. 1379 of 18 January 2019, the Court of Cassation stated that the criticism made by a worker against his employer turns into a disciplinary offense if it does not comply with the requirements of truth, continence and relevance.

Indeed, the Court of Cassation stated that, in the context of the employment relationship, pursuant to art. 1 of Law no. 300/1970, all employees have the right to freely express their thoughts about the workplace, also through the use of critical expressions towards the employer; the exercise of this right, however, encounters a limit in the protection of the honor, reputation and decorum of the employer himself.

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