Informazione sui sistemi decisionali e di monitoraggio automatizzati: poteri datoriali e assetti organizzativi

This contribution examines the information obligations to which the employer is subject under the provisions of the Legislative Decree No. 104/2022, when he uses automated decision-making or monitoring systems for work management. Although they were included in the corpus of Legislative Decree No. 152/1997, there are significant differences between the obligations concerning information on the employment relationship, and the new obligations referring to the use of IT tools. According to the A., information on the systems that assist the entrepreneur in the organisation do not provide an immediate advantage for the worker; however, it can be a useful parameter for evaluations concerning the adequacy of the business organisation under the renewed Article 2086 of the Civil Code. The proposed regulation on AI also intervenes with new rules in the sphere of employers' choices by imposing prior validation requirements on AI instruments, without interfering with the area of application of the limits and rules for the exercise of employers' powers.