Il diritto di critica del lavoratore

Dessì, Ombretta

2013-01-01

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Abstract

The exercise of the right of criticism, of jurisprudential origin, is legitimate when the worker complies with the constraints of substantial continence (truth of the facts) and formal continence (use of calm and civil tones), the obligation of loyalty to the employer (art. 2105 c.c.) and the duty of loyal collaboration (art. 2094 c.c.). The prevailing jurisprudence interprets these limits, in which the jurisprudential principles and legislative norms underlying the expression of dissent materialise, in a rigid manner, referring to the fiduciary and personalistic conception of the employment relationship. On the basis of the doubts raised by this orientation and the parallel with the jurisprudential evaluation of the methods of exercising the right of trade union criticism, satire and, if they were transposed into Italian law, the worker's right of expression and whistleblowing, the Author "espouses" a more subtle jurisprudential "reading", which takes greater consideration of the protection of the worker's fundamental rights.