Freedom of expression vs. social networks: the network activity of the worker as a cause for disciplinary dismissal in judicial doctrine

Abstract

This study addresses the interaction between workers’ use of social media and corporate disciplinary power, emphasising the legal and ethical risks that arise in this context. As social media become integrated into everyday life, their impact on the workplace becomes relevant and complex, affecting both the reputation of companies and the fundamental rights of workers, especially the right to freedom of expression.
The judicial analysis developed throughout the study identifies the need for a clear regulatory framework to regulate expectations of privacy in social networks, differentiating between public and private spaces. It shows that, although companies have a legitimate interest in protecting their image, this should not translate into disproportionate sanctions that limit the right to free expression. Furthermore, it warns about the ambiguity in current labour law and the unequal interpretation of case law, which leads to certain gaps in justice.
It is therefore essential to balance the interests of employers and the rights of workers, and to implement clear protocols for the use of social networks that promote a fair and respectful working environment that also considers sociality.