Contemporary neo-luddism in the digital transformation of employment

• Author: Kinga Piwowarska
• Pages: 354-370

354

Contemporary neo-luddism

in the digital transformation of employment

Kinga Piwowarska1

Andrzej Frycz Modrzewski Krakow University

INTRODUCTION

Will human labor be replaced by artificial intelligence?2 No. Providing such

an answer is associated with the belief that a man will always act as a constructor

of new technologies. Even the most modern machines will be vulnerable to faults,

their software will require updating, and servicing will generate the production

of new parts, devices and the need for their assembly3. Nevertheless, the digital

transformation of the economy currently taking place is a complex, challenging

multi-faceted topic with major ramifications for labor markets, the world of work

and society as a whole, especially with the recent global economic crisis caused

1 PhD; Assistant professor at the Department of Labor Law and Social Security at the Faculty of

Law, Administration and International Relations of the Andrzej Frycz Modrzewski Krakow University

(AFMKU). Supervisor of the Labor Law and Social Security Section of the Student Legal Clinic of

the AFMKU. A lawyer specializing in labor law, cooperating with the Law Office Attorney at Law.

Member of the Polish Scientific Network of Labor Law and Social Security - Cooperante. Author of

over 100 publications in the field of labor law.

2 BALLIETSER T., ELSHEIKHI A., The Future of Work: A Literature Review, ILO Research

Department Working Paper No. 29, International Labour Organization, Geneva 2018.

3 WITKOWSKI A.M., Elektroniczne technologie zatrudnienia ery postindustrialnej

(Employment technologies of the post-industrial era), Wydawnictwo Naukowe Akademii Ignatianum,

Kraków 2019, p. 10 and next.

Contemporary neo-luddism in the digital transformation of employment

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by COVID-194. Properly targeted can bring many benefits, and if not properly

conducted, it can lead to irreparable damage to the labor market.

However, assuming an optimistic view of the issue, it must be stated that

modern technologies in the 21st century will not become a real competitive

or alternative used to regulate all work processes on the global labor market.

A modern technological transformation, properly and wisely managed, can

lead to an increase in the value of human work and its development5. With the

development of technology and civilization, new professions will be created

that will be dedicated only to humans, especially in the 1:1 relationship (human:

human). Nevertheless, artificial intelligence will continue to work alongside

people, in their organizations, communities, as a co-worker, partner or trusted

advisor. It is a process that is already taking place and is irreversible.

However, what is important and obvious, machines, bots, robots6, programs,

artificial intelligence and related automation in industry 4.0. in post-industrial

employment relations, they are not subjects of work because there is no legal

relationship between them and the employer, i.e. social employment relationship7.

The effects of work are only a product and a commodity. Human labor, on the other

hand, is not a commodity, and wages are not paid for this commodity. A man at

work gives himself and his skills, and the machine is only a reproducer of works

programmed as part of artificial intelligence. This subjective treatment of a human

being, a working person, and regardless of the legal basis on which, gives him

legal protection in contemporary digitized employment8. Artificial intelligence

cannot be assigned axiological values related to work and its subjective approach,

i.e. freedom, equality, justice, dignity and solidarity. In relation to the working

person, these values must exist always and everywhere, regardless of technological

progress.

4 PIWOWARSKA K., PIWOWARSKI T., Metodyka postpowania w sprawach z zakresu

prawa pracy na podstawie Regulacji COVID-19, Warszawa 2020.

5 UNTERSCHÜTZ J., Nowe formy pracy w gospodarce cyfrowej – w poszukiwaniu

pracownika, [in:] Umowa o prac a umowa o zatrudnienie, red. G. GODZIEWICZ, Wolters Kluwer,

Warszawa 2018, pp. 323–337.

6 De BACKER K., De STEFANO T., MENON C., SUH J.R., Industrial robotics and the global

organisation of production, OECD Science, Technology and Industry Working Paper No. 2018/03,

Paris, Organisation for Economic Co-operation and Development, 2018.

7 WITKOWSKI A.M., Szanse, zagroenia i niewiadome zatrudnienia w stadium „czwartej

rewolucji przemysłowej”, Polityka Społeczna, z. 4, Warszawa 2018.

8 WITKOWSKI A.M., Digitalizacja prawa pracy, Praca i Zabezpieczenie Społeczne, z. 3.,

2019.