Il controllo a distanza del lavoratore agile

OMBRETTA DESSI

First

Writing - Original Draft Preparation

2024-01-01

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Abstract

The article is dedicated to the remote control of agile workers in the Italian legal system and tries to examine its main problematic elements. After a brief analysis of the legislation, the author proceeds to examine the interrelation between the law and the individual contract in regulating the matter. Secondly, she reflects on the importance of collective agreements in this sense. Subsequently, she focuses on the use of technological devices and IT applications in the context of the employment relationship, distinguishing between those made available to the worker for the performance of the service and those for remote control. Furthermore, she asks whether automated systems based on algorithms are subject or not to the legislative discipline on remote control. Finally, she focuses on the relationship between the right to disconnection of the “agile” worker and remote control, which must be regulated in a unitary manner, to prevent its effectiveness from being nullified by the abuse of power by the employer.