European Restructuring Monitor (ERM)
Eurofound's ERM database on restructuring-related legal regulations provides information on regulations in the Member States of the European Union and Norway which are explicitly or implicitly linked to anticipating and managing change.
Legislative Decree of 27 June 2022, n.104 Legislative Decree 48 of 2023
LAST UPDATE 2023 - THIS CONTENT WILL NOT BE UPDATED
The Legislative Decree No. 104 of June 27, 2022, aligns Italian law with the EU directive on transparent and predictable working conditions. This decree broadly addresses various employment conditions, including its implications for automated decision-making and algorithmic management. The decree mandates that employers must be transparent about the use of automated systems and algorithms that affect workers' roles and decisions concerning their employment. This includes ensuring that employees understand how such technologies might influence their work environment and the terms of their employment.
Before employment begins, employers should detail:
Workers can access and request more information on this data, with a 30-day response time from employers. Any changes impacting work conditions based on this data must be communicated to workers 24 hours in advance. Information should be transparently and digitally shared with workers and union representatives. The Ministry of Labor and other relevant bodies can request this information.
Subsequently, Legislative Decree 48 of 2023, brought some changes to the decree 104/2022, especially with regard to automated systems and algorithmic management: the employer's obligation to inform applies only when these systems are entirely automated and are significant in making decisions regarding employment matters.
The CGIL (Italian General Confederation of Labour) has voiced strong opposition to recent amendments in the labor decree concerning transparency in the use of automated decision-making systems. The union criticizes the revisions for narrowing the scope of mandatory employer disclosures to only fully automated systems, excluding systems protected by industrial or commercial secrets. This change, according to the CGIL, is a significant step back from the advancements made by the transparency decree and the European Directive on transparent and predictable working conditions. The union believes that these revisions weaken the workers' right to transparency in algorithmic systems, potentially leaving workers and their representatives without essential tools to enforce their rights, especially in a landscape where the use of algorithmic systems is becoming increasingly prevalent.
Eurofound (2024), Italy: Algorithmic management, Restructuring legislation database, Dublin, https://apps.eurofound.europa.eu/legislationdb/algorithmic-management/italy
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