Robots versus humans – Iberian Lawyer
The future of employment in the so-called fourth industrial revolution
by mercedes galán
The emergence of AI and automation in the workplace raises ethical, legal, and economic concerns. The increasing presence of robots in the job market raises worries about human job displacement. Although the impact on labour demand is not entirely negative, it’s crucial to acknowledge its ramifications. New technologies substitute, transform, and also generate job opportunities. In this context, the necessity for legislation to regulate their utilization and safeguard workers’ rights becomes increasingly urgent.
Experts: Raúl Rojas, partner of the labor area of Écija, Ignacio del Fraile, coordinating partner of labor at GA_P and Salvador del Rey, professor of labor law at Esade Law School.
Can I be fired due to a robot?
While technological advancements indeed alter production, distribution, and consumption processes, and reshape the skills demanded at work, all hope is not lost. As highlighted by Raúl Rojas, a partner in Écija’s labour department, it’s imperative to explore alternatives before resorting to termination in cases of labour automation. He suggests that “dismissal should not necessarily be the outcome, and alternative solutions such as retraining or relocating the worker to another position can be pursued”. He also stresses the importance of adequately justifying any termination decision, stating that “merely citing substitution or cost savings is insufficient to justify dismissal in court”.
Similarly, Ignacio del Fraile, partner coordinating labour at GA_P, acknowledges that the implementation of automated work systems offers efficiency and labour reduction, attracting many companies, but stresses that “a gradual implementation, analysis of the impact on workers and legal advice before proceeding is recommended. It is important to consider measures to mitigate this impact. Good legal advice is crucial because of the labour implications of AI and robotics in business.
