AI-driven workplace transformation and pay equity

5 August 2026 | Insights

Andersen’s European professionals, present across more than 20 jurisdictions, contributed to the latest edition of the Employment Insights Newsletter, providing an in-depth analysis of the main developments in employment law across Europe. The publication examines the most recent regulatory developments, case law trends, guidance issued by competent authorities and the evolution of collective bargaining across different countries.

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Employment law and artificial intelligence

In this interview, Uberto Percivalle speaks with Matteo Amici (Partner at Andersen in Italy) about how artificial intelligence is transforming the workplace, the new obligations introduced by the AI Act, and what employers should prepare for.

The AI Act (Regulation (EU) 2024/1689) represents a paradigm shift, recognising the active role of artificial intelligence integrated into corporate decision-making processes while establishing the necessary human oversight as a key principle.

The employer is considered the deployer of the AI system and is therefore responsible for how such systems are integrated into internal processes. This gives rise to transparency obligations towards employees and workers’ representatives whenever AI systems are used for recruitment, performance evaluation, task allocation or termination decisions.

The AI Act provides a harmonised baseline of common rules, but Member States are adopting national legislation that specifies how these rules apply to employment relationships, introducing different solutions such as country-specific information obligations. For multinational groups, the main risk is therefore regulatory fragmentation.

Three main areas of risk emerge: bias in recruitment systems, where algorithms may lead to discrimination based on gender, race or ethnicity; intrusive monitoring of employee performance; and the inference of workers’ emotional states through sentiment-analysis tools integrated into corporate platforms.

Partner Amici highlights that artificial intelligence represents a deeper transformation in access to the labour market: AI is redefining pathways into professions and requires companies to rethink onboarding, training and talent development strategies. In this context, the AI Act should not be interpreted merely as a regulatory requirement, but as a strategic opportunity.

News from Italy

For Italy, Uberto Percivalle, Partner responsible for the Employment & Labor service line, analysed the main developments in employment law, with particular reference to the recent changes introduced through the conversion into law of the decree concerning pay equity.

Amendments introduced by the converted May Day Decree

The Decree has now been converted into Law No. 112 of 27 June 2026, which introduced significant amendments and new measures:

• the definition of “fair wage” as a benchmark for assessing the adequacy of employee remuneration;
• the regulation of delivery work performed by riders through digital platforms, clarifying that the relevant provisions apply exclusively to riders and addressing issues relating to the classification of the employment relationship and the use of algorithms and technological tools;
• the confirmation of incentives supporting female and youth employment, employment in Special Economic Zones, the conversion of fixed-term contracts, as well as gender equality and family support measures;
• the introduction of special collective agreements that may derogate from statutory provisions and national collective bargaining agreements;
• the possibility of using secondment arrangements to safeguard employment;
• the introduction of a maximum limit on the overall duration of assignments to the same user company for employees hired on an indefinite-term basis by a temporary work agency.

The Law expands employment-related measures by introducing new flexibility tools and employment support mechanisms, while also clarifying provisions that had previously been subject to debate.

Fair wage

The Law confirms that the benchmark for determining fair remuneration shall be the “total compensation established by national collective bargaining agreements” entered into by trade unions and employers’ associations that are comparatively most representative at national level.

The Law also specifies which remuneration components must be taken into account for the calculation of total compensation.

A stricter mechanism has been introduced in the event of delayed renewal of collective bargaining agreements: after 9 months from expiry (previously 12 months), wages must be increased by an amount equal to 50% (previously 30%) of the HICP-NIE index (Harmonised Index of Consumer Prices excluding imported energy costs).

Special collective agreements derogating from statutory provisions and national collective bargaining agreements

Law No. 112 of 27 June 2026, with the aim of ensuring greater protection for employees, provides that:

• all special collective agreements must be filed with the Ministry of Labour and CNEL (National Council for Economics and Labour);
• employers with a workforce of up to 15 employees may enter into such agreements exclusively before the local labour inspectorates;
• where such agreements provide for less favourable treatment, employers must inform the affected employees.

Secondments aimed at safeguarding employment

Law No. 112 of 27 June 2026 established that it will no longer be necessary to demonstrate or declare the existence of a legitimate interest where a secondment is organised in order to:

• safeguard employment levels;
• ensure business continuity;
• preserve professional skills;
• prevent or reduce the use of social safety nets, working time reductions or redundancies.

The provision also applies where the secondment takes place between companies operating in different sectors and applying different collective bargaining agreements, provided that the employee’s duties remain unchanged.

Limit on the overall duration of assignments to the same user company for employees hired indefinitely by temporary work agencies

Law No. 112 of 27 June 2026 clarified a controversial issue concerning temporary agency work where the agency has hired the employee on an indefinite-term contract (rather than the more common fixed-term contract).

Until now, there appeared to be no statutory maximum duration for the assignment of an indefinitely employed temporary worker to the same user company, and case law had not provided consistent guidance.

The new rules establish that the total periods of assignment to the same user company, even if non-consecutive, relating to duties belonging to the same category or grade, may not exceed 36 months.

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