AI and the Workforce: Where Protection Ends and Adaptation Begins

Artificial intelligence is making rapid inroads into areas hitherto the domain of human decision-making—ranging from recruitment and performance evaluation to the organization of work itself. European regulation addresses the tangible risks associated with discrimination, loss of autonomy, and the opacity of algorithmic systems. However, experience demonstrates that rules alone do not guarantee protection if the state lacks the capacity and expertise required for their effective enforcement.

There is an increasingly palpable tension between the corporate drive for higher productivity and flexibility, and the public administration’s limited capacity to oversee the deployment of algorithmic tools in real-world operations. Liability for decisions made by automated systems remains ambiguous, as does the role of oversight bodies that are not systemically prepared for this shift.

The debate, therefore, centers not on the technology itself, but on its governance. If AI in the workplace is to serve as a vehicle for modernization rather than a source of conflict, it is imperative to clearly delineate the responsibilities of the state, employers, and management, and to align regulatory ambitions with the realities of the labor market.

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