Employee Freedom of Expression

Under Articles 25 and 26 of the Constitution, employees have freedom to express their thoughts and opinions. On the other hand, the employee’s duty of loyalty under the employment contract requires protecting the employer’s legitimate interests. Disputes about freedom of expression in employment require these two values to be balanced.

Legal Framework

The Labour Law contains no general provision on the limits of freedom of expression in employment. An employee’s statements injuring the honour of the employer or its family members are just cause for termination under Article 25/II-b. Article 417 of the Turkish Code of Obligations requires the employer to protect and respect the employee’s personality. Political opinion and philosophical belief are among the grounds that are not a valid reason for termination and fall within the ban on discrimination.

The Constitutional Court’s Approach

In such individual applications, the Constitutional Court examines whether labour courts struck a fair balance between the employee’s freedom of expression and the employer’s interests, considering:

• The content and tone of the statement,
• Its connection with the employer and the work,
• The employee’s position and the institution they represent,
• The statement’s reach and whether it caused the employer concrete harm,
• Whether it contributed to a matter of public interest.

Dismissing an employee merely because the employer does not share their views on matters of public interest may breach freedom of expression.

Statements That May Justify Dismissal

• Insults towards the employer, managers or colleagues,
• Disclosure of trade secrets or confidential information,
• False allegations seriously and concretely damaging the employer’s reputation.

Such statements made on social media require additional assessment; see Employee Social Media Use. For details, see The Social Media Paradox: Employees’ Freedom of Expression.