La gestione algoritmica dell’impresa tra tutele dei lavoratori e prospettive partecipative (sul modello della sicurezza sul lavoro?)

Abstract

Business and labour management is increasingly oriented towards the use of algorithmic management systems, tools that support the employer-entrepreneur in making decisions, thanks to the processing of an enormous amount of data. In the face of such technological power, which is added to the typical power of the entrepreneur, the worker is exposed to increasing risks, which perhaps ex ante and ex post information rights are not sufficient to mitigate, and certainly not to exclude. The present work therefore, having examined the Italian and European regulatory panorama, particularly with regard to the protections guaranteed to workers in the face of new technologies, attempts to summarise the critical issues, arising from the algorithmic management of business and labour, which have repercussions on the employment relationship, and questions the feasibility of a solution that provides for a form of participation of workers or their representatives in the algorithmic (co)management of the enterprise, as a way of enabling the latter to exercise a central role in order to ensure a transparent, reliable and supervised use of algorithmic and artificial intelligence mechanisms in the workplace, with particular regard to the issue of safety at work.