AI and Labor law

AI and Labor law

Podcast by Lawyers Stefano Trifirò, Mariapaola Rovetta Arici e Jacopo Moretti – Trifirò & Partners Avvocati


Can AI really decide who gets hired or fired? And if it does, what guarantees do we have that its decisions are fair, transparent, and non-discriminatory? In an increasingly automated labor market, we face pressing questions: can algorithms violate workers’ rights? And what does the law say to protect them?

Italian case law began addressing these issues as early as 2020, with rulings such as that of the Bologna Court, which brought attention to the risks associated with using AI in personnel management. And there is no shortage of case studies: biases present in the original data are often amplified by automated systems, leading to distorted or discriminatory outcomes.

This is why legal tools like the new European Artificial Intelligence Regulation are becoming essential. In particular, when AI is used in sensitive areas such as recruitment or performance evaluation, it is not enough for the algorithm to work—it must work fairly and transparently. Hence the need not just for human presence, but for actual human oversight of these processes.

The goal? To integrate AI into the world of work in a way that enhances productivity and efficiency, but always with respect for the dignity, safety, and fundamental rights of every worker.

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