Chapter Il diritto di whistleblowing come leva di capability

Overview & Synopsis

This article analyses the right to whistleblowing as a lever for workers’ capability. Drawing on Riccardo Del Punta’s conceptualization of the capability approach in labour law, this article offers a critical interpretation of domestic and EU legislation on the protection for whistleblowers. Such legislation shows that the centrality of the value of freedom specific to the capability approach is not antithetical to classical labour law egalitarian premises. Conversely, the capability approach to labour law works at a “higher plane” that helps explain why the bargaining power of the parties need to be equalized, including by means of non-retaliation. Following the final remarks, an annex with a personal memory of Professor Del Punta concludes the article.