Best prices Special offers for members of the PWE book club The cheapest delivery
Dr Michał Bąba
ORCID: 0000-0002-0909-5857

Dr Michał Bąba, obtained his PhD in law in 2009. Currently, he is an assistant professor at the Department of Labour Law and Social Security at the Faculty of Law and Administration of the University of Opole. His research interests focus on the use of artificial intelligence in employment and the impact of technology on the fundamental rights of employees.

 
DOI: 10.33226/0032-6186.2024.1.4
JEL: K31

The question of the essence of technology posed in the article is aimed at bringing out what constitutes the being of the employer's management. The question about the technological determinants of the employer's management is thus a question about here is how technology relates to the employee. At the same time, this question sends us towards what is essential, we draw closer around what is most problematic, around the foundation of human protection – the principle of inviolability of human dignity. Only in the proximity of the algorithm are we able to experience what is inviolable, inalienable, indivisible, permanent and unalienable in human being. In its proximity is revealed at the same time the danger that technology hides in itself. This article attempts to capture this danger.

Keywords: algorithm; technological leadership; Heidegger; dignity; subordination
DOI: 10.33226/0032-6186.2022.8.2
JEL: K19, K13, K31, K38, K39, J83, J80

The employer's managerial powers arising from labour law are not the same in nature as those shaped by technology, they locate the employer's managerial action in a very different area from technology — in interpersonal relationships and not in data, in instructions and not in signals, in relating to individuals' ways of being and not to feedback, to their conscientiousness and diligence and not to setting them up for exploitation. Technological leadership has a different means of expression, a different methodology of action, a different scale of coercion and order, is secured differently, and does not know the limits that are placed on normative leadership. Technology allows for a change in the paradigm of management, thanks to access to what was, which connects with what is, in order to determine what will be (feedback mechanism), uncovers what was hitherto hidden in the sense of impossibility to extract it from the labour legislation — the continuity, the permanence of supervision and the possibility of freely positioning the individual as a disposable asset. Technology is a new manifestation of management and, more fundamentally, a new manifestation of reference to human beings and to work; it has led to a hitherto unnoticed transgression of the limits of subjectivity, and thus of what is embedded in the object of regulation, in law, in personal dignity, and to an entry into the area of the possibility of freely objectifying the individual. This article attempts to capture the phenomenon of technological being-in-the-world and the resulting implications for labour law.

Keywords: algorithm; personal dignity; technology; privacy; authority; subordination
DOI: 10.33226/0032-6186.2020.3.2
JEL: K31

Algorithms are becoming the key technology of power over employees. They allow for the
formatting of both the employees themselves and the interactions between them, basically for the
single purpose — optimisation of work processes to increase productivity. From this perspective, the
employees are digital models constructed from data and information. It means that all of their
expressions revealed in the work environment will be measurable in various ways. Algorithms also
sched new light on the issue of subordination in employment. And all thanks to their "blending" into
the biometric data environment of the employees. They somehow acquire attributes of subordination
in employment by combining them with supervisory and control functions encoded in algorithmic
technology. The foregoing means that the functions programmed in this way can be used identically
in any model of employment, and thus in complete isolation from the character of the legal
relationship on the basis of which the work is provided. Therefore, a key question arises, which the
author tries to answer, whether the algorithms can be perceived as tools by which subordination is
created in isolation from the legal basis of the provided work and what consequences it has for the
employees.

Keywords: deep learning algorithms; technological subordination; algorithmic enterprises; biometric data; information.