REPORTED DEVELOPMENT
Legislative Decree 179/2026, published on 8 October and effective from 23 October 2026, introduces provisions relevant to AI systems used in workforce management.
Article 41 states that final decisions concerning the establishment, modification and termination of employment, disciplinary measures and performance evaluations cannot be entrusted exclusively to automated processes. A human decision-maker with effective, independent authority is required.
An important legal distinction is that candidate search and pre-selection are expressly excluded from the definition of final decision in Article 41. This does not remove obligations that may apply under the GDPR or anti-discrimination rules.
Article 42 concerns risk assessment and worker training where AI affects organisation, production rhythms or safety.
WHY IT MATTERS TO THE MARKET
The provisions concern enterprise decision-management workflows and require a legal assessment of applicability.