The labor law relevance of social networks, between workers protection and rights of control by the employers

Abstract

The introduction of computers and the use of social networks have led to a real revolution in the field of social relations and, in particular, in employment relationship. Obviously, the profiles involved are numerous, implying the emergence of new professional skills and the transformation of subordinate employment. In this context it is urgent to become aware of the fact that the breakthrough of new technologies in the world of work has made possible the creation and use of new, powerful and insidious forms of control of workers’ activity. Article 23 of Legislative Decree no. 151/2015, issued by the Government in compliance with Law no. 183/2014, placing itself at the end of a long and storied path, has completely rewritten the Article 4 of the Workers’ Statute, redefining the boundaries of the employer’s control power, also in relation to the use of the currently available technological tools. In this contribution, starting from the analysis of the jurisprudential elaboration and the doctrinal orientations in the matter of social networks and of remote controls on the activity of the workers, we highlight the main innovations introduced in the transition from the old to the new formulation of the statutory norm, having regarding also to the related problems of the worker’s privacy protection.