Freedom of Expression within the Employment Relationship - Between Dignity and Duty of the Employee

Stevanović, Aleksandar and Kostić, Jelena (2020) Freedom of Expression within the Employment Relationship - Between Dignity and Duty of the Employee. In: Yearbook. No. 3, Human rights protection : the right to human dignity. Provincial Protector of Citizens - Ombudsman; Institute of Criminological and Sociological Research, Novi Sad; Belgrade, pp. 597-616. ISBN 978-86-89417-12-8; 978-86-80756-36-3

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Abstract

This paper deals with the issues of freedom of expression at the workplace in European and comparative labour law and practice. The authors start from the fact that the right to freedom of expression is guaranteed to all citizens with restrictive possibilities to limit that right. The paper acknowledges the fact that employment implies a certain set of rights and obligations of the employer and the employee that shapes the exercise of the right to freedom of expression at the workplace. For this reason, an evolutionary overview of the development of the employment concept was given. It was pointed out that broad restrictions should not be accepted as justified while particular importance was given to the issue of protecting the efficiency of the employer work organization and work process. This criterion should be taken into account when balancing the employee's right to freedom of expression and protection og the legitimate interests of the employer. The paper discusses the numerous case law material of the European Court of Human Rights, as well as the case law of the highest courts within several important national legislations.

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