freedom of expression; criticism; employee; employer; limits of freedom of expression; limits of rights to criticism
Katowice : Wydawnictwo Uniwersytetu Śląskiego
A. Biłgorajski (red.), "Wolność wypowiedzi i jej granice : analiza wybranych zagadnień" (S. 143-174). Katowice : Wydawnictwo Uniwersytetu Śląskiego.
The theme of this paper is the employee’s right to criticize his/her employer and its
limits. The author begins her considerations by presenting the constitutional sources of this right
and describing constitutional freedom of expression of an individual and its limits. Then, the
author defines the content and limits of an employee’s right to criticize the employer as consequences
of the freedom of expression. The references for these considerations are regulations of
the Constitution of The Republic of Poland from the year 1997, Article 10 of European Convention
on Human Rights and Fundamental Freedoms, Article 19 of International Pact of Citizen
and Political Rights, The Labour Code and their interpretations established by legal writings
and judicial practice. The considerations lead to the conclusion that an employee has the right to
criticize his/her employer. Nevertheless this right is limited. Permitted criticism of the employer
must be consistent with the legal order in force and rules of social conduct and decency. An infringement on these rules results in the employer acquiring the right to terminate the employment
contract by fault of the employee, provided that the employer always observed these rules.