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RESEARCH PRODUCT

Labor Law and Technological Challenges

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Technology is changing the way in which workers are controlled. From video cameras to GPS, these technologies allow for constant monitoring of workers’ activities; however, recently two new forms of control have emerged. One consisting in giving customers a controlling role over workers’ performance and another, the “big data” (algorithms and artificial intelligence) which allow employers to process information about their employees in a far more efficient manner and at a much lower cost than has been the case until now. This makes it possible to profile workers automatically and even allows technology itself to replace human resources supervisors and managers and to make decisions that have legal effects on the employees (recruitment, promotion, dismissals, etc.). This entails great risks of discrimination by the technology in command, as well as the defenselessness of the worker, who is unaware of the reasons underlying such a decision and specific health and occupational risks for workers. This study analyzes the risks that these new technologies are posing to workers and what challenges labor law is facing.