“By including the role of workers’ safety representative (i.e. “RLS”) in the area of protected subjects such as trade unionists as representatives of collective interests, the expression of solidarity with other workers with general trade union political significance is included in the constitutionally protected right to criticize and the right to express opinions”.
This has been ruled by the Court of Cassation, order no. 23850/2024. In other words, within the scope of the right to criticize and express the collective interests of which he/she is the bearer, the employee who also performs the role of workers’ safety representative must be granted the same protection as that provided for trade unionists. This means that the “RLS” can use harsher language in the exercise of his/her activities as a representative of the workers, because he/she is on an equal footing with the employer.
Of course, this shall always take place within the limits of formal correctness and the protection of the human person, so much so that “only when these limits are exceeded by attributing to the employer company or its managers openly dishonorable qualities and unproven denigrating references, can the employee’s conduct be legitimately sanctioned by disciplinary measures”.
Other related insights: