Thanks to recent technological advances, artificial intelligence has spread rapidly across various social contexts. It is at the centre of political and legislative debate, as demonstrated by recent legislative developments at international, European and national levels.
On 17 May, the Council of Europe adopted the Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law, which is the first international treaty aimed at regulating the use of artificial intelligence systems. During the same period, the European Council definitively approved the so-called AI Act, a European Union regulation “which establishes harmonised rules on artificial intelligence”. In Italy, on 20 May 2024, the government presented bill no. 1146 to the senate so that the AI Act can be implemented “in appropriate areas of domestic law”. These legislative acts are integrated holistically with other regulatory sources, providing specific protection for workers, particularly during the phase of establishing and developing the employment relationship. We refer to European and Itaian legislative measures already in force, such as the GDPR, Legislative Decree no. n. 152/1997 on Transparency, legislation on anti-discrimination, the Workers’ Statute, as well as legislation subject to final approval such as the European Directive on Digital Platform Work.
If we look at the practical aspects, artificial intelligence systems make it possible to simplify a whole series of worker evaluation and monitoring processes thanks to their ability to process substantial amounts of data (so-calledbig data) that the employer can now collect easily in the workplace.
With regard to personnel selection and recruitment processes, consider the possibility of filtering applications based on analysis of the data contained in the CVs sent in or found during investigations into candidates’ social media profiles. Consider the possibility of conducting job interviews via chat recruiting applications or with video interview analysis.
When it comes to developing the employment relationship, the growing use of digital devices when performing work tasks, including wearable devices such as electronic bracelets, allows useful data to be collected for the purpose of pervasive and continuous monitoring of work performance. It is then possible to use this data to make decisions about the future of the employment relationship. For example, performance monitoring can inform the employer’s assessment of workers’ productivity in order to determine their suitability for promotion, particular forms of renumeration, whether they should be dismissed.
ndedItaly could be regarded as pioneering in its protections for workers exposed to the use of artificial intelligence systems in the workplace. It is one of the few European countries to have already introduced specific transparency obligations for employers. To use artificial intelligence systems for the purpose of monitoring performance or making important decisions about the employment relationship, the employer must provide the worker, whether a subordinate or independent contractor, and trade union representatives with a series of written information about the use and characteristics of these systems, in compliance with the rules on industrial and trade secrets. In particular, employers must communicate how these systems will be used, the aspects of the employment relationship affected, and the aims and outcomes of the systems used as well as their logic and functionalities. Employers will also have to indicate the categories of data and main parameters used to program or train these systems, including performance evaluation mechanisms, the control measures adopted with regard to automated decisions, any correction processes, and the person responsible for the quality management system. Finally, they are required to provide information about these systems’ level of accuracy, robustness and cybersecurity, the metrics used to measure these parameters, and the potentially discriminatory impacts of these metrics.
The introduction of independent individual and collective rights to information and access is undoubtedly a major step forward in protecting workers affected by automated algorithmic decisions. This is evidenced by the first rulings of the courts of Palermo and Turin which condemned some digital platforms for their anti-union practice of denying trade unions access to information relating to the automated systems they used to manage the work performance of riders.
This is not the only area where artificial intelligence can come into play. In fact, we can identify two other macro-areas affected, which are in some respects interconnected: the labour market, and collaborative and intelligent robotics.
One issue that is surely central to the debate is the effect of intelligent robotics and artificial intelligence on employment. Without going so far as to anticipate scenarios where humans are replaced by intelligent machines, there is no doubt that the introduction of new technologies combined with organisational innovations implemented in production processes can have employment consequences, as has emerged in recent empirical investigations.
Some studies on the impact of technology on employment levels appear to show that both intelligent robotics and artificial intelligence are integrated into how work is organised rather than replacing workers (On intelligent robotics, see The Impact of Robots on Labour Market Transitions in Europe, IZA DP no. 15303/2022. On artificial intelligence, see in particular Intelligenza Artificiale e Mercato del Lavoro [Artificial Intelligence and the Labour Market], CNEL Notebooks 21/2024 and L’impatto dell’Intelligenza Artificiale sul Pubblico Impiego, 2024 [The Impact of Artificial Intelligence on Public Employment], PA Forum, 2024). The effect of these new technologies is more transformation than substitution, depending on the degree to which the tasks are exposed to technology.
As regards collaborative and intelligent robotics, with the development of sensors, the advent of the Internet of Things and artificial intelligence, and with the implementation of 3D vision, machines are able to move autonomously, adapting their behaviour and actions to their surroundings, interacting with human beings with greater awareness. Thanks to their ability to interpret human movement or emotions, machines can now collaborate safely with humans in a shared space.
This ability of machines to move autonomously and make their own choices based on their surroundings raises significant issues concerning the protection of workers against accidents in the workplace. In this regard, workers first of all enjoy social security protection from INAIL (the Italian National Institute for Insurance against Accidents at Work). For insured workers, the coverage is quite broad and covers all accidents caused by work or functionally related to the work activity. Also covered are illnesses of a physical or mental nature whose origin can be traced to work-related risks. Secondly, workers also enjoy, under certain conditions, civil protection with the availability of compensation for harm suffered (see the judgment of the court of Teramo, 23.11.22). Employers are required to implement all necessary safety measures to protect the physical integrity and moral character of workers in accordance with the principle of ensuring the best possible safety that is technologically feasible.
This contribution comes under the research project PRIN PNRR TELOS (Transparency in Employment and Labour markets for inclusive Organisations and Societies), funded by the European Union – Next Generation EU (CUP D53D23022430001).
Image: Photo by Mika Baumeister on Unsplash
