Protecţia juridică a manifestărilor libertăţii conştiinţei la locul de muncă, între ideologizarea comerţului şi neutralizarea ideologică a salariaţilor. Consideraţii pe marginea cauzelor C-157/15 (G4S Secure Solutions) şi C-188/15 (Bougnaoui)
The legal protection of freedom of conscience manifestations at work, between the ideologization of commerce and the employees ideological neutralization. Reflections upon cases C-157/15 (G4S Secure Solutions) and C-188/15 (Bougnaoui)

Summary/Abstract: Abstract: In reference to the two not necessarily antagonistic directions foreseen in the title, the judgment in case C-157/15 (G4S Secure Solutions) opens the perspective of a selective job ideologization, based of an absolute protection of the freedom to conduct a business, of which resulted the employer’s unlimited option to deny the employees the possibility to express their religion or belief. In the context of a restrained valorization of individual ideological options according to freedom of conscience in a society fearful to the thought of not succeeding to secure its cohesion but with the price of the public life ideological neutralization, in order not to restrain the workers’ freedom of conscience even more and to keep what remains of the Directive 2000/78/CEE objective, a similar reasoning will not be generalized in the sense of an absolute protection of any ideological engagement of the employer; thus, its single overprotected ideological option will remain that of forbidding the employees to express their religion and philosophical beliefs. This will lead to accepting an unequal treatment between the followers of different doctrines and the indifferent, the former being possible to be compelled, unconditional as to a specific context governing work relations, in order to obtain and maintain a job, to express an ideology of religious and philosophical indifference, even though they hold existential views incompatible to it. Both judgments tend to limit this effect to the level of a unilateral discriminatory behavior, that is only in the sense of the employer promoting an ideology of uniform indifference, which is accepted conditional upon the absence of any intra-discriminatory accents, selectively oriented against a certain belief or ideological category.

• Details
• Contents