Labor impact of technological devices in Italy
| Autor | Emmanuele Dagnino |
| Cargo | Temporary Research Fellow, Università di Modena e Reggio Emilia |
| Páginas | 35-43 |
IUSLabor 1/2018 Emmanuel Dagnino
35
LABOR IMPACT OF TECHNOLOGICAL DEVICES IN ITALY
Emanuele Dagnino
Temporary Research Fellow, Università di Modena e Reggio Emilia
Introduction
The first regulation directly regarding the impact of technological devices on labour
relations dates back to 1970 with the introduction of the article 4 of the Workers’
Statute (l. n. 300/1970). The aim of this regulation is to protect the dignity and the
privacy of the workers from pervasive monitoring and controls over their activities
through the use of technology. Until its reform in the context of the so-called Jobs Act
(in 2015), article 4 of the Workers’ Statute provided a clear prohibition of the use of
technologies for the monitoring of workers’ activities, with the exception of those
technological equipments or tools which only indirectly allow the remote monitoring of
workers, if used for organizational, productive or safety purposes and only after the
stipulation of an agreement with workers’ representatives in the company or, lacking the
agreement, after an administrative authorization. The information produced by these
equipments and tools, as a result of a prohibited remote monitoring, could not be used
for decisions regarding the workers.
Following the 2015 reform, even though it is still prohibited to monitor workers’
activities by means of technological tools and equipments, important changes have been
introduced. While the use of technological equipments which only indirectly allow the
remote monitoring of workers is still bound to specific needs (beyond the organizative,
productive and safety purposes, also reasons concerning the protection of employeers’
goods in the new version) and to the stipulation of an agreement with workers’
representatives (or, lacking the agreement, the administrative authorization)
71, these
requirements do not apply for the use of working tools and systems for registering the
access and presence at work. Moreover, after the reform, the employer can use
information produced by tools and equipments “for any aims related to the labour
relations” (promotion, training but also sanctions, including dismissal) if the usage of
the tools and the practice of monitoring of such data are adequately communicated to
the employee and if the processing of such information is legitimate according to data
protection regulations.
71 After the reform, in case the company has establishments i n different provinces or regions the
agreement can be stipulated with comparatively more representat ive unions at national level. In a simila r
manner, lacking the agreement, the autohorization can be asked to the head office of the Labour
Inspectorate, instead of the office competent for the different territories.
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