Artificial intelligence and labour law

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.

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.