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Publicatie
Robotisering en arbeidsrecht : Een juridisch onderzoek naar humanisering van arbeid en technologie
Boek - Dissertatie
This study deals with robotisation and labour law. Robots have been part of workplaces for several decades and are therefore not a new phenomenon. In recent years, however, some technological developments can be observed that make robots increasingly autonomous. For instance, they are equipped with sensors that can better perceive their surroundings. They can additionally give more meaning to this perceived information through various technologies and improvements to AI. Finally, their physical components allow more and more mobility and flexibility. As a result, these autonomous robots are leaving their physical cages and increasingly performing their work between and with workers. In other words, these robotisation processes are fundamentally changing human-machine interaction in workplaces. This not only causes changes in the way workers perform their work, but it also has an impact on the employment relationship. Therefore, this study examines to what extent labour law is sufficiently equipped to deal with the challenges of robotisation. This assessment has been carried out using some criteria stemming from the idea of humanisation of labour. For this purpose, this twentieth-century framework of thought was modernised on the basis of contemporary international and European strategies around AI and the relevant aspects of humanisation of labour were identified. An analysis was then conducted to embed this humanisation idea in labour law and two core areas of labour law were identified through a fundamental law approach, being the right to privacy and employee welfare. In the subsequent parts of this study, the positive law principles of these core areas were identified and evaluated through the humanisation criteria. The main finding from this review is that these principles have the legal potential to deal with robotisation, but that this potential is not being fully exploited. Indeed, with regard to the right to privacy, a rebalancing of the principles to ensure all aspects of the protection of private life and personal data is called for. With regard to the right to well-being at work, the need for clarification of the applicable qualifications and the resulting general principles in robotisation has been identified. To realise the full potential of these core areas, an integrated framework is proposed in which five building blocks are identified that aim to protect workers' integrity and self-determination. Moreover, these building blocks find a foundation in positive law, in particular the risk-based approach, the human in control, worker involvement, accountability and transparency. On this basis, the study concludes with some recommendations to adequately equip labour law with the guarantees of humanisation of work and enable it to realise the symbiosis between man and machine in the workplace.
Jaar van publicatie:2023
Toegankelijkheid:Open