Innovazioni digitali, valutazione dell’adempimento e limiti al potere di controllo del datore di lavoro

The digitalization of production processes and the spread of Industry 4.0 technologies—particularly algorithms and artificial intelligence—have profoundly transformed the structure and dynamics of the employment relationship. This Phd thesis examines the implications of this transformation on managerial powers, performance evaluation, and the protection of workers’ rights. The “dematerialization” of the employer’s figure requires a reconsideration of the traditional boundaries between control and evaluation, challenging the distinction between obligations of means and obligations of result. Digital tools for profiling, ranking, and continuous monitoring introduce new ways of measuring performance, raising concerns about the fairness and transparency of the applied criteria. This study analyzes the normative and case-law evolution of Article 4 of the Workers’ Statute, which serves as a cornerstone for balancing organizational needs and the protection of personal dignity, as well as its interaction with privacy law and the European Artificial Intelligence Regulation. Particular attention is given to the risks of algorithmic discrimination, data protection, and occupational health and safety, interpreted as limits to managerial and contractual autonomy. Finally, the work highlights the crucial role of collective bargaining not only in regulating new forms of control and performance evaluation, but also denouncing a trend towards its marginalization within supranational frameworks. From a de iure condendo perspective, this research advocates for a strengthened dialogue between legislation, collective bargaining, and certification practices, with the aim of ensuring an effective balance between technological innovation and the protection of workers’ fundamental rights.