New obligations for employers under law No. 132/2025 on Artificial Intelligence

​The growing use of artificial intelligence systems in workplaces and across various business contexts – particularly in activities related to recruitment, management, evaluation, and termination of personnel – has made it necessary to adopt a comprehensive regulatory framework aimed at defining concrete criteria for their use. Within this context, Law No. 132/2025 introduces general principles governing the use of artificial intelligence and, under Article 11, regulates the application of such systems in employment relationships, seeking to strike a balance between technological innovation and the protection of fundamental rights. 

The provision is coordinated with the well-known AI Act, as well as with existing national legislation and, more specifically, with the Workers’ Statute and Legislative Decree No. 152/1997, as amended by Legislative Decree No. 104/2022 (the so-called Transparency Decree), which governs employers’ disclosure obligations.​​ 

Article 11 of Law No. 132 of 23 September 2025: provisions on the use of AI in the workplace settings

Article 11 of Law 132/2025, entitled “Provisions on the use of artificial intelligence in the workplace”, consists of three paragraphs, each of which defines key principles for the use of AI in the workplace.

Firstly, the first paragraph stipulates that AI must be used “To improve working conditions, protect the physical and mental well-being of employees and increase the quality of work performance and productivity”. Although formulated in broad terms, the provision establishes an important principle: AI is only permitted where it constitutes an element of organizational and productive progress. Furthermore, its use must be justified by an actual benefit for employees, as it must not in any way harm their physical and mental integrity.

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The second paragraph establishes that AI "must be safe, reliable, transparent and cannot be used in a manner that is contrary to human dignity or violates the confidentiality of personal data". This paragraph reinforces the fundamental ethical principle that this technology, despite its currently unquantifiable potential, cannot in any way disregard the rights of employees. For this reason, employers are required to "inform employees of the use of artificial intelligence" in accordance with the provisions of the Transparency Decree, thus ensuring, on the one hand, full transparency towards employees and, on the other, real control over the use of technology.

Lastly, the third paragraph focuses on equal treatment and non-discrimination, stating that AI must ensure “the observance of the employee’s inviolable rights without discrimination based on sex, age, ethnic origin, religious belief, sexual orientation, political opinions, and personal, social, or economic conditions, in accordance with European Union law”. The reference to compliance with EU legislation highlights the harmonization of national legislation with European standards, reinforcing the idea that AI must be used in every phase of the employment relationship – from recruitment to termination – in a fair and inclusive manner, preventing any form of discrimination.

The new regulatory framework introduced by Law No. 132/2025 highlights the need to clarify how AI systems are used in employment relationships, with a particular focus on transparency and employee protection.

As outlined above, it is essential to ensure alignment with the Transparency Decree, which introduced Article 1-bis into Legislative Decree No. 152/1997. 

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This article specifically governs the employer’s duty to provide information when automated decision-making or monitoring systems are used, thereby offering a reference framework for fulfilling the requirements set out in paragraph two of Article 11 of Law No. 132/2025. As previously noted, this provision requires employers or principals to inform employees about the use of AI systems in the cases and according to the procedures established by Article 1-bis. In practice, the Transparency Decree requires employers to communicate to employees, prior to the commencement of work, information on the purposes and objectives of the systems, the data and decisions affecting the employment relationship, the logic underlying system operations, and the control measures adopted for automated decisions. It also guarantees the right to request clarifications through trade union representatives, to which the employer must respond within 30 days. Any significant change must be communicated in writing at least 24 hours in advance, ensuring continuity and transparency in information. 

In this context, the adoption of corporate policies on the use of AI systems plays a strategic and multifaceted role: beyond supporting compliance with legal obligations, such policies can establish clear procedures for managing these systems, ensuring human oversight – which is almost always necessary – monitoring automated decisions, and safeguarding personal data. 

In summary, implementing a structured policy not only facilitates compliance with the disclosure obligations set out in paragraph two of Article 11 for employers, but also helps consolidate an ethical and responsible approach, ensuring transparency, security, and employee protection, while at the same time leveraging technological innovation as a driver of organizational progress, in line with the principles established in paragraph one of the same article.

The adoption of AI systems in workplace settings does not in itself represent a threat; what truly matters is how these tools are used. Law No. 132/2025 sets out a clear path, urging employers to integrate technology in a conscious, controlled manner, focused on achieving tangible results, where innovation becomes a tool for efficiency and decision-making support, always in compliance with the principle of anthropocentrism, which places the human being at the center of the decision-making and organizational process, enhancing their role and judgment.​​