Worker's freedom of expression in labour law

Working, at the centre of human life, is seen as a source of material well-being, self-meaning, and social integration. In this respect, there is a need for an unrestricted working environment where workers can freely express and discuss their ideas and thoughts to develop their personalities. One of the essential conditions for such an environment to occur is the right to freedom of expression. The right to freedom of expression is essential in labour law, as in all areas of life. Especially with the influence of recent technological developments, workers' freedom of expression has become one of the controversial issues in labour law. Due to the asymmetric structure of labour relations, the worker is in a weak position vis-a-vis the employer, making the worker vulnerable to the employer's influence and oppressive practices. For this reason, protecting the worker's freedom of expression is necessary. Therefore, workers, individually or collectively, should be provided with the following opportunities in all areas of the work organisation where their duty to work is fulfilled: to be able to make general statements relevant to work, the employer, the goods or services produced; to participate in activities and discussions; and to chat freely with colleagues on different topics, without hesitation from the authority with whom they have a business relationship. In this context, the statements and criticisms made by the worker should be evaluated within the framework of the duty of loyalty and matters to be determined according to the characteristics of the concrete event, such as the nature of the job, the workplace, the worker, the content of the statement, workplace peace, the impact on the employer's personal and commercial reputation and business interests, and its impact on the public interest. In addition, it should be noted that the workplace essentially has a structure created to produce goods or services and that freedom of expression is not an absolute right. Therefore, the different values and interests encountered between the parties are evaluated with justice and the principle of proportionality.