L’obbligo di trasparenza senza la prevedibilità del lavoro. Osservazioni sul decreto legislativo n. 104/2022

This contribution examines the content of the Legislative Decree no. 104/2022 that implements the Directive no. 2019/1152 on transparent and predictable working conditions in the European Union. The Authors point out that Decree no. 104 undoubtedly achieves one of the three objectives pursued by the Directive – the updating and integration of transparency obligations –, also introducing information obligations in the case of the use of automated decision-making and monitoring systems. By contrast, the other two objectives of the Directive do not seem to be fully realised. In fact, no right to predictability of work is ensured, since the legislator does not always guarantee a minimum number of paid hours, nor does he limit the time of the worker’s availability. Similarly, the need to prevent abuse of on-demand or similar employment contracts is disregarded, since Article 11 of Directive no. 2019/1152 has not been transposed in any way.