De Luca & Partners

AI in HR processes: the Ministry of Labour sets operational guidelines for the proper adoption of AI in the workplace

The use of Artificial Intelligence systems for company decision-making processes concerning employees – such as recruitment, task assignment, performance evaluation or disciplinary measures – is permitted only when adequate safeguards are in place. This is what is established by the Guidelines for the implementation of AI in the workplace, published by the Ministry of Labour in June 2025.

What can a company do to comply with the Guidelines?

Improper management of AI systems exposes the company not only to risks of breaching data protection laws (GDPR) but also to potential penalties and litigation for violating workers’ rights, with reference to Article 4 of the Workers’ Statute and the principles of non-discrimination, as well as to the information obligations under Legislative Decree 104/2022 (the so-called Transparency Decree).

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