Artificial Intelligence and Labour Law
A.Y. 2024/2025
Learning objectives
The already existing and further developing systems of Artificial Intelligence allow the market players to avail of automatic decision-making tools, which can be deployed in the hiring, in the management and also in the termination stage of any employment relationship. Additionally, as the widespread debate on the so-called Predictive Justice showcases, the AI might be used in the adjudication of labour disputes by either Courts or Arbitrators. Moreover, the digitalization has also paved the way to the creation of new professions (such as the online content creators) and also of unprecedented virtual spaces of work, such as the Metaverse, which can potentially become a boundless job market for the hiring of new workers and also a tool the training and qualification of workers who are already employed (even in traditional jobs: e.g., drivers and janitors). Accordingly, the Course purports to provide an overview of the labour law issues stemming from the digital revolution as well as to analyze, from a legal point of view, the impact of Artificial Intelligence (AI) on the organization of work. Indeed, it is easy to observe that many risks might derive from the use of AI at work to labour and, more broadly, human rights. For instance, the conferral of typically human decision-making power to automatic systems does not prevent that an "algorithmic discrimination" might occur, as the latter can be concealed behind the apparent neutrality of the automated decision. This explains why, in some jurisdictions (and, in particular, in the EU), the policy makers have already decided to intervene in order to set a proper and fair balance between the technologic development and the protection of the fundamental rights of the individuals. At the end of the course, the students will achieve a deep understanding of the legal institutions concerning the relation between the digital transformation and the protection of labour, bearing in mind that, even in the context of automation, the debate on rights and duties at work should pivot around the person who works and not on the technologies, which, despite their "intelligent" nature, remain mere commodities.
Learning Objectives:
The Course purports to provide the students with:
- the full comprehension of the effects of the digital transformation on the organization of work;
- the development of a deep understanding of the legal institutions concerning the relation between the digital transformation and the protection of the workforce;
- the capacity to properly avail of the legal language and to apply the legal methodology, in addition to the capacity to critically evaluate the reliability (and, ultimately, the benefits and the costs) of the use of data analytics and algorithmic management at the workplace.
Learning Objectives:
The Course purports to provide the students with:
- the full comprehension of the effects of the digital transformation on the organization of work;
- the development of a deep understanding of the legal institutions concerning the relation between the digital transformation and the protection of the workforce;
- the capacity to properly avail of the legal language and to apply the legal methodology, in addition to the capacity to critically evaluate the reliability (and, ultimately, the benefits and the costs) of the use of data analytics and algorithmic management at the workplace.
Expected learning outcomes
Knowledge and comprehension capacity: the full comprehension of the effects of the digital transformation on the organization of work;
Applicative skills: the capacity to properly avail of the legal language and to apply the legal methodology;
Independent judgment capacity: the capacity to critically evaluate the reliability (and, ultimately, the benefits and the costs) of the use of algorithmic management at the workplace;
Communication skills: the capacity to express properly the personal, critical views on the course topics;
Comprehension: the acquisition of an adequate comprehension of the legal institutions concerning the relation between the digital transformation and the protection of the workforce.
Applicative skills: the capacity to properly avail of the legal language and to apply the legal methodology;
Independent judgment capacity: the capacity to critically evaluate the reliability (and, ultimately, the benefits and the costs) of the use of algorithmic management at the workplace;
Communication skills: the capacity to express properly the personal, critical views on the course topics;
Comprehension: the acquisition of an adequate comprehension of the legal institutions concerning the relation between the digital transformation and the protection of the workforce.
Lesson period: Second semester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course cannot be attended as a single course. Please check our list of single courses to find the ones available for enrolment.
Course syllabus and organization
Single session
Responsible
Course syllabus
1) Introduction. The Labour side of A.I.
Materials: Slides; K.C. Kellogg, M.A. Valentina, A. Christin, Algorithms at work: the new contested terrain of control, Academy of Management Annals, 2020, 14, 1, 366-410.
2) Employer's powers in the digital era
Materials: I. Ajunwa, Algorithms at Work: Productivity Monitoring Applications and Wearable Technology as the New Data-Centric Research Agenda for Employment and Labor Law, Saint Louis University Law Journal, 2018, 63, 1, 621-700; O. Lobel, The Law of AI for Good, University of San Diego School of Law Research Paper, n. 1/2023.
3) Work in the AI Act
Materials: Slides; C. Cristofolini, Navigating the impact of AI systems in the workplace: strengths and loopholes of the EU AI Act from a labour perspective, Italian Labour Law e-Journal, 2024, 17, 1, 75-103.
4) The limits to Algorithmic monitoring and control:
Materials: Slides; A. Ponce Del Castillo, M. Molè, Worker monitoring vs worker surveillance: the need for a legal differentiation, A. Ponce Del Castillo (ed.), Artificial intelligence, labour and society, ETUI, 2024, 157-174; H. Abraha, Regulating Algorithmic employment decisions through data protection law, European Labour Law Journal, 2023, 14, 2, 174-191.
5) Health and Safety at work and the role of Artificial Intelligence
Materials: Slides; A. Cefaliello, P.V. Moore, Robert Donoghue, Making algorithmic management safe and healthy for workers: Addressing psychosocial risks in new legal provisions, European Labour Law Journal, 2023, 14, 2, 192-210.
6) Algorithmic discrimination
Materials: Slides; A. Kelly-Lyth, Algorithmic discrimination at work, European Labour Law Journal, 2023, 14, 2, 152-171; A. Blackham, Setting the framework for accountability for algorithmic discrimination at work, Melbourne University Law Review, 2023, 47, 1, 63-113.
7) Collective rights in the digital era
Materials: Slides; Z. Adams, J. Wenckebach, Collective regulation of algorithmic management, European Labour Law Journal, 2023, 14, 2, 211-229.
8) The employees' conducts on social media, between free speech and duty of confidentiality
Materials: R. Del Punta, Social media and workers' right: what is at stake?, International Journal and Comparative Labour Law & Industrial Relations, 2019, 35, 1, 79-100.
9) Remote work, working time and right to disconnect
Materials: Slides; M. Biasi, Boundaries and Frontiers of the Right to Disconnect: Comparative Remarks, I. Marín Alonso, M.T. Igartua Mirό, C. Solís Prieto (ed.), Digitalizaciόn, Desarrollo Tecnolόgico y Derecho del Trabajo: Nuevas Perspectivas de Sostenibilidad, Aranzadi, Cizur Menor, 2022, 227-238.
10) The digital side of the classification cases: crowdwork vs. on-demand work in a comparative dimension
Materials: M. Biasi, Beyond Employment: the Protection of Platform Workers in a Holistic Perspective, A. Lo Faro (ed.), New Technology and Labour Law. Selected topics, Giappichelli, Torino, 2023, 139-152.
11) Labour Law and the Metaverse
Materials: M. Biasi, Guest Editorial. The Labour Side of the Metaverse, It. Lab. Law e-Journ., 2023, 16(1), i-x; M. Biasi, M. Murgo, The virtual space of the Metaverse and the fiddly identification of the applicable labor law, It. Lab. Law e-Journ., 2023, 16, 1, 1-11.
12) Labour Law, Avatars and Digital Twins
Materials: Slides.
13) The "gamification" of work
Materials: Slides; M.A. Cherry, The Gamification of Work, Hofstra Law Review, 2012, 40, 4, 851-858.
14) Labour Law and content creators
Materials: Slides; C. Barnard, The Serious Business of Having Fun: EU Legal Protection for Those Working Online in the Digital Economy, International Journal of Comparative Labour Law and Industrial Relations, 2023, 39, 2, 125-150.
15) Labour law and predictive justice
Materials: Slides.
Materials: Slides; K.C. Kellogg, M.A. Valentina, A. Christin, Algorithms at work: the new contested terrain of control, Academy of Management Annals, 2020, 14, 1, 366-410.
2) Employer's powers in the digital era
Materials: I. Ajunwa, Algorithms at Work: Productivity Monitoring Applications and Wearable Technology as the New Data-Centric Research Agenda for Employment and Labor Law, Saint Louis University Law Journal, 2018, 63, 1, 621-700; O. Lobel, The Law of AI for Good, University of San Diego School of Law Research Paper, n. 1/2023.
3) Work in the AI Act
Materials: Slides; C. Cristofolini, Navigating the impact of AI systems in the workplace: strengths and loopholes of the EU AI Act from a labour perspective, Italian Labour Law e-Journal, 2024, 17, 1, 75-103.
4) The limits to Algorithmic monitoring and control:
Materials: Slides; A. Ponce Del Castillo, M. Molè, Worker monitoring vs worker surveillance: the need for a legal differentiation, A. Ponce Del Castillo (ed.), Artificial intelligence, labour and society, ETUI, 2024, 157-174; H. Abraha, Regulating Algorithmic employment decisions through data protection law, European Labour Law Journal, 2023, 14, 2, 174-191.
5) Health and Safety at work and the role of Artificial Intelligence
Materials: Slides; A. Cefaliello, P.V. Moore, Robert Donoghue, Making algorithmic management safe and healthy for workers: Addressing psychosocial risks in new legal provisions, European Labour Law Journal, 2023, 14, 2, 192-210.
6) Algorithmic discrimination
Materials: Slides; A. Kelly-Lyth, Algorithmic discrimination at work, European Labour Law Journal, 2023, 14, 2, 152-171; A. Blackham, Setting the framework for accountability for algorithmic discrimination at work, Melbourne University Law Review, 2023, 47, 1, 63-113.
7) Collective rights in the digital era
Materials: Slides; Z. Adams, J. Wenckebach, Collective regulation of algorithmic management, European Labour Law Journal, 2023, 14, 2, 211-229.
8) The employees' conducts on social media, between free speech and duty of confidentiality
Materials: R. Del Punta, Social media and workers' right: what is at stake?, International Journal and Comparative Labour Law & Industrial Relations, 2019, 35, 1, 79-100.
9) Remote work, working time and right to disconnect
Materials: Slides; M. Biasi, Boundaries and Frontiers of the Right to Disconnect: Comparative Remarks, I. Marín Alonso, M.T. Igartua Mirό, C. Solís Prieto (ed.), Digitalizaciόn, Desarrollo Tecnolόgico y Derecho del Trabajo: Nuevas Perspectivas de Sostenibilidad, Aranzadi, Cizur Menor, 2022, 227-238.
10) The digital side of the classification cases: crowdwork vs. on-demand work in a comparative dimension
Materials: M. Biasi, Beyond Employment: the Protection of Platform Workers in a Holistic Perspective, A. Lo Faro (ed.), New Technology and Labour Law. Selected topics, Giappichelli, Torino, 2023, 139-152.
11) Labour Law and the Metaverse
Materials: M. Biasi, Guest Editorial. The Labour Side of the Metaverse, It. Lab. Law e-Journ., 2023, 16(1), i-x; M. Biasi, M. Murgo, The virtual space of the Metaverse and the fiddly identification of the applicable labor law, It. Lab. Law e-Journ., 2023, 16, 1, 1-11.
12) Labour Law, Avatars and Digital Twins
Materials: Slides.
13) The "gamification" of work
Materials: Slides; M.A. Cherry, The Gamification of Work, Hofstra Law Review, 2012, 40, 4, 851-858.
14) Labour Law and content creators
Materials: Slides; C. Barnard, The Serious Business of Having Fun: EU Legal Protection for Those Working Online in the Digital Economy, International Journal of Comparative Labour Law and Industrial Relations, 2023, 39, 2, 125-150.
15) Labour law and predictive justice
Materials: Slides.
Prerequisites for admission
It is recommended - but not strictly mandatory - that the enrolled student previously passed the exam of his/her Domestic Labour Law.
Teaching methods
The Course will be held in form of traditional lectures, whereby the Instructor will use slides that will be uploaded and made available for the students on myAriel (NB: the slides are mandatory study materials). During the lectures, the Instructor will encourage the students to raise questions and to actively contribute with their personal takes on the course topics. External experts may invited to contribute to class discussion as well.
Teaching Resources
The slides, displayed in class and uploaded on myAriel by the Instructor, are mandatory exam materials for both attending and non-attending students, along with the articles/essays uploaded by the Instructor on myAriel.
Assessment methods and Criteria
The final evaluation of the Candidate is based on the following two components:
1) a mandatory, written exam, whereby the Candidate answers to 20 multiple-choice items (one point each) and 2 open questions (0-5 points each), whereby the candidate is supposed to show his/her knowledge of the legal institutions analyzed in the Course and his/her critical reasoning capacity;
2) individual or collective presentation in class on a specific topic will be evaluated up to 3 points on the final score, depending on the capacity to properly avail of the legal language and to apply the legal methodology in relation to a critical evaluation of the legal institutions analyzed in the Course.
1) a mandatory, written exam, whereby the Candidate answers to 20 multiple-choice items (one point each) and 2 open questions (0-5 points each), whereby the candidate is supposed to show his/her knowledge of the legal institutions analyzed in the Course and his/her critical reasoning capacity;
2) individual or collective presentation in class on a specific topic will be evaluated up to 3 points on the final score, depending on the capacity to properly avail of the legal language and to apply the legal methodology in relation to a critical evaluation of the legal institutions analyzed in the Course.
IUS/07 - LABOUR LAW - University credits: 6
Lessons: 42 hours
Professor:
Biasi Marco
Shifts:
Turno
Professor:
Biasi MarcoProfessor(s)
Reception:
The Instructor is available for office hours on Microsoft Teams at the time agreed with the students via e-mail. The instructor is also available for a meeting in person in his office.
Department of Legal Studies "Cesare Beccaria" - Section of Canon Law and of Labour Law