Workers should not be hired or fired solely on the basis of a decision taken by an algorithm, demanded the members of the European Parliament’s Committee on Employment and Social Affairs (EMPL) on Tuesday 11 November, when they adopted by 41 votes to 6 with 4 abstentions the proposal for a legislative initiative tabled by Andrzej Buła (EPP, Polish).
The EMPL Committee is calling on the European Commission to present a directive governing the use of algorithmic technologies, including AI, in the workplace.
With this draft legislation, the elected representatives are asking to guarantee the transparent, fair and safe use of automated monitoring and decision-making systems used to take or support decisions in the workplace, as summarised in an European Parliament press release.
Workers should be able to request explanations on decisions taken or supported by algorithmic management (AM). Final decisions on the initiation or termination of employment, the renewal or non-renewal of a contract, changes in remuneration, or disciplinary action must be taken by a human.
MEPs recommend informing workers about how these systems impact working conditions, when they are used to take decisions, what type of data they collect or process, and how human oversight is ensured. Workers should also have access to training on how to deal with these systems and should be consulted on decisions on remuneration, evaluation, task allocation or working time taken with the support of AM systems.
The new rules should also prohibit the processing of data relating to workers’ emotional, psychological or neurological states, private communications, data of workers while off-duty, real-time geolocation tracking outside working hours, and the use of data relating to freedom of association and collective bargaining.
While there seems to be a lively debate within the Commission as to whether a framework for AI at work and algorithmic work management should be the subject of a legislative initiative as part of the forthcoming ‘Quality Jobs’ package, Andrzej Buła believes that both sides can consider themselves “winners”.
“Employers would have the full right to choose the systems they use: no reporting or administrative burdens would be imposed. Social partners would be consulted to help improve workers’ knowledge and skills. Employees would have the right to be informed, and no one would be fired by algorithms”. The European Parliament will vote on this legislative initiative in December and the Commission will then have three months to respond.
For several sources, this result in EMPL is viewed positively, as the text continues to call for a directive, which was not a guaranteed, considering certain opposition, particularly within the EPP. Nor can the requested legislative initiative fall short of what the EU has already approved in 2024 with the directive on platform work, with an equivalent level of protection and, this time, extended to all workers.
Link to the report: https://aeur.eu/f/jde (Original version in French by Solenn Paulic)