9th Regulating for Decent Work Conference
Plenary Session: Access to Protection and Legal Rights
Access to Protection and Legal Rights This plenary explores how labour regulation can be made more impactful and inclusive, reaching those it too often leaves behind. We are delighted to welcome three leading voices in the field: Professor Guy Davidov, Professor Kamala Sankaran (member of the ILO Committee of Experts), and Professor Adelle Blackett (Senior Advisor to the ILO Director-General), who will serve as discussant. Professor Davidov will examine how new technologies are reshaping the reach and effectiveness of labour protections—sometimes for better, sometimes for worse. Professor Sankaran will draw attention to the many workers still excluded from the scope of labour law, whether by legal design or lack of enforcement. Can AI improve the enforcement of labour laws? - Guy Davidov Employers around the world increasingly rely on algorithmic management, including by incorporating artificial intelligence capabilities. The risks to privacy, equality, and workers’ bargaining power are already well-documented. Additional risks associated with AI more generally make its regulation apparent and urgent. Notwithstanding these dangers, these new technological advancements can also be used for the benefit of workers, if adopted by the state as part of efforts to improve the enforcement of labour laws. Prof. Davidov will discuss three different ways in which this can be done. First, the use of AI by enforcement agencies; second, using AI as part of court-based online dispute resolution; and third, relying on AI to determine the default state of the law, shifting the burden to the employer to contest it. He will also briefly consider the risks associated with any reliance on AI, including by the state, and what can be done to minimize them in the current context. Regulating for Decent Work: How do we protect and sustain livelihoods? - Kamala Sankaran Many workers today are not in ‘jobs’ or in employment relationships. Instead, they are owner-operators of own-account enterprises or small and marginal farmers lacking the capacity to scale up, or are (unpaid) family contributing workers, or are trafficked and are engaged in forced labour. Does labour law have the capacity to regulate such forms of work? Could contributing family members be treated as workers? Should small and marginal farmers be treated as employers or workers? How can the law provide for equitable access to land, urban spaces, natural resources, the market and credit, critical for sustaining such forms of employment and livelihood? Prof. Sankaran argues that labour regulation could draw upon other normative frameworks as well as ILO’s international labour standards that address matters of development, migration, transitions, labour rights and social protection, to work towards regulatory frameworks for decent work and livelihoods that are more inclusive and socially just.
