Channelling Technologies to Benefit Employees via Labour Law

Abstract

Abstract Labour law’s existing approach to new technologies is based on a pro-capitalist paradigm that views technologies as part of the employers’ prerogative or as ‘algorithmic bosses’. This approach eventually exacerbates employers’ authority in unprecedented ways and shapes the market to develop technologies that fulfil employers’ interests. There is one exception to this paradigm within the law: that of technologies as accommodations for persons with disabilities. Following a post-work perspective, this chapter argues in favour of adopting the ‘technologies as accommodations’ paradigm regarding all technologies at work, putting forth several justifications for it as an alternative to the pro-capitalist paradigm. Viewed as ‘accommodations’, technological development, design, and use would be based on functions needed to protect and promote the social and welfare values of the workforce, ultimately positively impacting labour relations and workers’ rights while also profiting employers.