AI AT WORKPLACE: HUMAN INVOLVEMENT REQUIRED IN EMPLOYMENT DECISIONS
Legislative Decree No. 179 of 7 October 2026, effective from 23 October 2026, brings the Italian legal framework into line with the EU Artificial Intelligence Act and introduces specific provisions applicable to the employment context.
The key change is set out in Article 41, which provides that, where an employer uses artificial intelligence systems, final decisions concerning hiring, modification or termination of employment, including disciplinary measures and performance assessments, may not be based solely on automated processing. Such decisions must be subject to effective and independent human decision-making, and this requirement cannot be waived, even with the employee’s consent.
Recruitment and candidate selection activities are, however, excluded from this requirement, including where they result in a candidate not progressing to subsequent stages of the selection process.
Employees will also be entitled, upon request, to obtain, with human involvement, a clear and understandable explanation of the reasons underlying the decision, including the extent to which the AI system contributed to it and the main parameters taken into account.
As regards the consequences of non-compliance, employer decisions taken in breach of the human involvement requirement, including dismissals, will be null and void.
Finally, from a health and safety perspective, the Decree provides that the use of AI systems affecting the organisation of work, production rates, the manner in which work is performed or decision-making processes relevant to workplace safety must be taken into account as part of the risk assessment required under Article 28 of Legislative Decree No. 81/2008.
