Legislative Decree No. 179 of 7 October 2026, regulating the use of AI in decisions on employment, workplace safety and training of professionals, published in the Official Gazette

On 8 October 2026, Legislative Decree No. 179 of 7 October 2026 (the “Decree”) was published in the Official Gazette. The Decree, implementing the delegation provided for by Article 24 of Law No. 132/2025, aligns national legislation with Regulation (EU) 2024/1689.

Articles 41 and 42 of the Decree are of particular significance from an employment law perspective.

Article 41, paragraph 1, prohibits – in decision-making processes concerning the employment relationship – final decisions on the establishment, modification or termination of the relationship, including disciplinary measures and performance evaluations, from being taken solely on the basis of automated processing. The final decision must be reserved for a natural person with effective and autonomous power. The activities of searching for and selecting candidates are excluded from the scope of that provision. Moreover, the worker’s consent does not constitute a derogation from the prohibition. Paragraph 2 reiterates that the use of automated systems must take place in compliance with dignity and confidentiality and in accordance with the principle of non-discrimination. Pursuant to paragraph 3, the information obligations under Article 1-bis of Legislative Decree No. 152/1997 remain unaffected and the employee has the right to obtain an intelligible explanation of the decision taken. Finally, paragraph 4 sanctions with nullity both the dismissal and the employer’s decisions taken in breach of paragraph 1.

Article 42, paragraph 2, provides that AI systems affecting (i) work organization, (ii) production rates, (iii) the manner in which work is performed or (iv) decisions relevant to safety are to be taken into account in the risk assessment pursuant to Article 28 of Legislative Decree No. 81/2008. In addition, paragraph 3 requires the employer to provide workers with adequate information and training on the related risks.

The Decree enters into force on 23 October 2026.