We need a dedicated instrument to ensure that workers can also reap the benefits of technological innovation and that their fundamental rights are not undermined by the introduction of AI applications in the workplace.
The European Parliament formally adopted its position on the AI Act by a large majority on 14 June in Strasbourg. This vote brings Europe closer to formally adopting the world's first legally binding framework to regulate the use of AI systems in the European single market. The proposal to regulate AI, known as the Artificial Intelligence Act, was published by the European Commission in April 2021 and is going through the legislative process, including scrutiny by the European Parliament and the Council.
A legal instrument for the use of AI in the workplace is urgently needed
Trade unions have welcomed the important improvements secured by the progressive forces in the European Parliament. The European Parliament’s position includes an obligation to consult workers and their unions before introducing AI into the workplace. However, many concerns remain.
The proposed legislation takes a risk-based approach, meaning that for the first time some applications will be banned if they pose unacceptable risks and others will be restricted. However, it only requires manufacturers to classify their own technology as low or high risk before putting it on the market. It does not include any rules on the use of AI in the workplace.
The use of AI in the workplace will only be restricted if it poses a ‘significant risk’. This vague wording leaves too much room for interpretation and it is difficult to determine in advance and in concrete terms what constitutes a 'significant risk'. Adding this extra layer to the high-risk classification could jeopardise the rights of workers to be protected from the adverse health and safety impacts of AI.
Even if the Parliament succeeds in securing the improvements in negotiations with the Council on the final text, the AI Act falls short of protecting workers' rights. Trade unions therefore continue to call for an adequate regulatory framework for the use of AI in the workplace.
Furthermore, massive investment in training will be needed, as AI is fundamentally changing the nature of jobs and tasks, and workers will need to become AI literate, equipped with new skills and competencies to interact with AI systems in the workplace. Equally important will be the reskilling of workers who are "replaced" or "deskilled" by AI and preparing them for alternative employment.
Finally, well-functioning social dialogue and collective bargaining are key. They ensure that workers will be timely informed and consulted about the introduction of new technologies in the workplace and they give workers and their representatives the opportunity to: negotiate adequate training in the use of the new technology; adapt the work organisation; update the necessary health and safety provisions; and establish channels for changing technologies that might not be working well.
With its 'All eyes on AI' position, industriAll Europe has recognised early on that the introduction and diffusion of AI is likely to pose major challenges for workers and their representatives.
Isabelle Barthès, Deputy General Secretary of industriAll Europe, comments:
"We very much welcome the fact that the European Union has taken up the challenge and is preparing to be the first in the world to regulate the use of AI. However, this is not enough.
“We need a dedicated instrument to ensure that workers can also reap the benefits of technological innovation and that their fundamental rights are not undermined by the introduction of AI applications in the workplace.
“Trade unions are calling for a fully-fledged legal instrument that addresses the specificities of AI applications in the workplace, with the ‘human in control’ principle at its core.”