GESTIÓN LABORAL ALGORÍTMICA Y PODER DE DIRECCIÓN: ¿HACIA UNA PARTICIPACIÓN DE LOS TRABAJADORES MÁS INTENSA?

Abstract

Algorithms have made a huge impact in the field of the employment
relationship concerning core aspects such as the selection of workers,
task allocation, the assessment of worker´s performance or the decision
on termination of the contract. The criteria on which the algorithm is based
are not always known, and regulations have started to require transparency in
the design to avoid undesirable outcomes and intolerable consequences, such
as discrimination. This paper aims, first, to identify the content and scope of
these remedies and to assess their effectiveness as tools to fight against discrimination.
Secondly, to analyse whether the introduction of these enhanced
safeguards is justified by a higher risk of discrimination, or a lower chance of
detection, compared to discrimination stemming from human labour management.
And thirdly, to determine their impact both on employer´s powers and in
the right and ways of employees’ involvement in decision-making.