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ARTICLE · 12 NOVEMBER 2026

AI At Workplace: Human Involvement Required In Employment Decisions

Italy's Legislative Decree No. 179 mandates that employers using AI systems must ensure human involvement in critical employment decisions such as hiring, termination, and performance assessments. The decree, which aligns Italian law with the EU Artificial Intelligence Act, establishes that automated decisions alone are insufficient and grants employees the right to receive clear explanations of AI-influenced decisions affecting their employment.

ItalyEmployment and HR

Legislative Decree No. 179 of 7 October 2026, effective from 23 October 2026, brings the Italian legal framework into line with the EU Artificial Intelligence Act and introduces specific provisions applicable to the employment context.

The key change is set out in Article 41, which provides that, where an employer uses artificial intelligence systems, final decisions concerning hiring, modification or termination of employment, including disciplinary measures and performance assessments, may not be based solely on automated processing. Such decisions must be subject to effective and independent human decision-making, and this requirement cannot be waived, even with the employee’s consent.

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