In recent years, algorithms and artificial intelligence (AI) systems have been largely used to handle a large volume of data and information which is used to make decisions, including in the workplace. With the aim to rebalance the interests of employee protection and improved company productivity, Royal Decree Law 9/2021 of 11 May 2021 (so called Rider-Law) amended the Workers’ Statute, providing a new obligation to inform employees’ legal representatives about AI and algorithm use.

The Guidelines detail the information that must be provided by the company to the workers’ representatives and to the workers themselves, pursuant to article 64.4.d) of the Workers Statute (WS) and article 22 of the Data Protection General Regulations (RGPD):

• Individual rights: information to the workers subject to fully automated decisions without human intervention;
• Collective rights: information on the use of algorithms and artificial intelligence systems affecting the decision-making process that may have an impact on working conditions, access to and maintenance of employment.

In both cases, according to the guidelines, companies should provide information on the use of algorithms or AI systems to make automated decisions, as well as on how the algorithm works and on the consequences of decisions made through the algorithm.

The information must be provided in a clear, simple and understandable way for people without technical knowledge.

It is important for employers to consider that the information obligation includes all the decisions relating to personnel management: from selection and hiring to the assigning of tasks, establishing of timetables, determining of salaries, control and monitoring, control of productivity, assessment of results, professional promotion and even dismissal.

Moreover, companies are obliged to consult unions or employee representatives if they intend to use algorithms or automated decision-making systems for significant changes to work organisation or employment contracts.

This confirms that the more the use of AI systems and algorithms in the workplace increases, the greater the regulations and obligations for companies in this regard will be.

The focus on the topic is also confirmed by the fact that the European Commission recently proposed a new law on artificial intelligence, published on 21 April 2021, which classifies the use of AI systems in employment as a high-risk.

However, the final text to be adopted will have to be verified.