Quis custodiet ipsos custodes? New limits to the exercise of the remote control power

Abstract

This essay aims to analyze how the “new” art. 4 of the Workers’ Statute, as amended by the art. 23 Legislative Decree no. 151/2015, achieves the balance between business needs and protection of the freedom and dignity of the worker. In particular, it examines the limits to exercise the employer’s monitoring power through technological systems: justified purposes, trade union agreement or administrative authorization, difference between monitoring instruments and working tools, adequate information and respect for privacy.

Keywords

• employer’s monitoring power
• technological control
• employee’s dignity
• employee’s privacy
• Jobs Act reform