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Integration of Artificial Intelligence within labour law

How is labour legislation regulated in the field of artificial intelligence (AI) use? What are the limits of using AI for employee surveillance? How can recruitment with the aid of AI be conducted without discrimination towards candidates?

In the context of rapid technological advancement, the development of a regulatory framework for trustworthy AI has also become a central area for the European Union, which strives to address risks associated with AI. At the European level, significant steps have been taken towards the regulation of AI and algorithmic management. Notable among these are the proposal of the Directive on improving working conditions in platform work and the recently confirmed AI Act. The latter categorizes AI systems used in employment as high-risk systems. On the national level, notable shifts towards AI regulation are not yet detectable, however, the existing legislation might to some extent encompass the implementation of AI in the work environment.

The use of AI in the workplace brings numerous challenges and opportunities, particularly with respect to the impact of AI on employees’ fundamental rights. Moreover, AI introduces various risks, including but not limited to, excessive surveillance, processing vast amounts of data, dehumanization, and bias. Due to the complexity and inaccessibility of the logic used by AI systems, they are often referred to as “black box systems”. Such opacity in the functioning of AI systems can make proving discriminatory practices difficult, as tracking and understanding the decision-making processes for employees is challenging. This difficulty is also confirmed by current (international) case law.

Practical examples, such as wearable devices, conducting interviews with AI tools, and so forth, illustrate how AI systems can lead to excessive surveillance and impact the privacy of employees.

To ensure an ethical implementation of AI within work environment that protects the fundamental rights of employees and maintains a balance between promoting innovation and protecting rights and dignity, transparency and thoughtful implementation are particularly important. Ultimately, this requires responsive legislation.

We address these issues in the article you may access by clicking the link: Kako se umetna inteligenca umešča v delovno pravo – Jadek & Pensa (jadek-pensa.si)