The Disciplinary Authority Toward the Public Employee Regarding Conduct Outside the Scope of Employment In Light of the Right to Privacy and Freedom of Expression

Abstract

This study examines the scope of administrative disciplinary authority over public employees for conduct occurring outside official work hours, in light of constitutionally and internationally guaranteed rights to privacy and freedom of expression. Employing comparative and analytical methodologies, the study concludes that disciplinary power does not extend to private conduct unless a clear nexus to public service exists, and that the duty of restraint serves as the principal criterion distinguishing lawful expression from disciplinary violations. This research aims to define the scope of disciplinary authority outside of official duties, clarify the limits of the public employee's right to privacy, and analyze the relationship between freedom of expression and job responsibilities. It also seeks to establish legal frameworks for balancing the public interest with the individual rights of employees.

This research employs an analytical approach to legal texts and a judicial methodology, analyzing administrative court rulings and drawing upon national legislation, international conventions, and judicial precedents.