What kind of transparency is fit for labour law purposes. Evidence from case law on automated decision-making systems

Objectives: the aim of this contribution is to identify which aspect of transparency can be considered most suitable for protecting workers exposed to automated decision making systems in the workplace. Methodology: the approach is both legal-normative, focusing on the multi-level regulatory framework, and empirical, based on an analysis of European, Italian, and foreign case law on automated decision-making systems. Results: the principle of transparency has a multifaceted meaning, which, for workers, implies a substantive understanding of automated decisions. This level of comprehension allows workers to exercise their rights in an informed manner. Limits and implications: in cases where, for technical reasons, such as systems based on machine learning algorithms, it is not possible to guarantee this degree of transparency, the use of such automated systems in the workplace is proposed to be limited. Originality: this research represents one of the first comprehensive contributions on case law regarding the use of automated decision-making systems in the workplace.