Control tecnológico y trabajo “agile” en el sistema jurídico italiano

Ombretta Dessi

2022-01-01

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Abstract

The article is dedicated to the employer's power of remote control over “agile” workers in the Italian legal system and to the examination of its main exegetical issues. After a brief analysis of the legislative discipline on the subject, the interrelation between the law and the individual contract is examined with regard to its regulation. Secondly, it reflects on the importance that collective agreements have in this regard. The next step is to establish the difference between the control tools and those made available to the worker for the execution of the service. Special attention is paid to IT applications, which condition the exercise of the employer's remote control power over agile workers. In this context, it is necessary to focus on whether or not automated systems based on algorithms are subject to legislative legislation on technological control. Finally, the relationship between the "agile" worker's right to disconnect and the employer's remote control power cannot be overlooked.