Il saggio è destinato agli Scritti in memoria di Mario Napoli, che saranno pubblicati da Giappichelli, ed è di prossima pubblicazione anche nella rivista Diritti lavori mercati.

The essay addresses the complex and current topic of the legal regulation of artificial intelligence from the perspective of labor law. It quickly reviews the profiles and studies of Italian labor law scholars, highlighting their strengths and weaknesses, especially in view of the upcoming EU Regulation 2024/1689, the so-called AI Act, which presents many innovative aspects, including those of interest for the regulation of individual and collective labor relations. By critically analyzing the recent legislation aimed primarily at ensuring AI as a usable product by mitigating its risk factors, a different perspective is outlined in which AI could be considered, more realistically, as a legal formative element and be investigated and regulated, even with experimental traits, in a more systematic and functional manner, suited to the dynamic balances of labor law.