Poderes directivos y nuevas tecnologías
Although research on the effects of spectacular progress in information and communication technologies on labor relations has been underway for decades, the gap between reality and labor law is constantly increasing. This anomie is evidenced, among other matters, as regards the exercise of the power...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2017
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6552392 |
| Source: | Temas laborales: Revista andaluza de trabajo y bienestar social, ISSN 0213-0750, Nº 138, 2017 (Ejemplar dedicado a: Impacto de las tecnologías de la información y las comunicaciones sobre las Relaciones Laborales), pags. 163-184 |
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| Summary: |
Although research on the effects of spectacular progress in information and communication technologies on labor relations has been underway for decades, the gap between reality and labor law is constantly increasing.
This anomie is evidenced, among other matters, as regards the exercise of the power of
labor management, whose legal basis is the situation of legal subordination of the employee.
There is no doubt that new technologies have intensified the ability of the employer to deliver
digital orders. When the latter comes from a human being no dilemma arises. On the contrary,
if the orders emanate from an artificial intelligence it would have to be considered if Article 20
TRET provides sufficient legal coverage.
ICT also allows “technological strike-breaking”, a manifestation of the managerial powers, whose legality has been verified by the Constitutional Court. These practices may be legitimate cause for collective dismissals for technical reasons, or objective dismissals for lack of adaptation of workers to reasonable technological changes in their jobs. |
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