Commission urged to protect workers from risks related to AI and algorithmic management

On 17 December, by a large majority (451 votes in favour, 45 against and 153 abstentions), the European Parliament adopted the report on Digitalisation, artificial intelligence and algorithmic management in the workplace – shaping the future of work.
This report invites the European Commission to put forward an initiative on artificial intelligence and algorithmic management in the workplace, which will apply to all workers (see press release).
On 12 November, at the Committee on Employment and Social Affairs, MEPs called on the Commission to put forward a “legislative” proposal (see IR Notes 262), but this qualifier was subsequently deleted from the text adopted at the plenary session, following pressure from BusinessEurope among others.
However, the fact remains that the final document constitutes a “legislative own-initiative report”, meaning that the Commission must respond within three months. It will either have to indicate what measures it plans to take or justify its refusal to put forward an initiative that complies with Parliament’s request.
In their report, MEPs argue that “any new deployment or significant change in the use of AI tools or algorithmic management systems in the workplace should be subject to health and safety assessment”. The text also calls for meaningful participation of workers and their representatives “in decision-making processes at all stages as well as provision of information and consultation on and in-work training to facilitate the application of new technologies by all workers”.
In addition, the text includes an annex describing the content of a “proposal” that the Commission could draw up. This annex states that “the deployment and use of new systems of algorithmic management, or updates to existing systems, which directly affect workers’ remuneration, evaluation, working arrangements, task allocation or working time” should be deemed to be “decisions likely to lead to substantial changes in work organisation or in contractual relations and as such are subject to consultation pursuant to Article 4(2), point (c), of Directive 2002/14/EC, without prejudice to Directive 2009/38/EC”. This interpretation would clearly assign competence to European Works Councils.
Such consultation should be carried out with regard to:
1/ the objectives of the deployment or update, the work processes and the workers affected;
2/ the workload, work intensity, scheduling, working time, flexibility, renumeration, job content, performance evaluation or contractual relations;
3/ the effects on occupational health and safety;
4/ the types of data collected;
5/ the measures in place to prevent, detect, mitigate and correct bias or discriminatory outcomes;
6/ human oversight and review mechanisms;
7/ training and support measures, including the assistance of experts, for the workers and the managers using such systems.
The Commission now has three months to prepare its response. The “Quality Jobs Law”, which is expected by the year end, could be the appropriate vehicle for responding to the concerns expressed by Parliament.