The Powers of Workers' Representatives in an Undertaking in Relation to the Use of Artificial Intelligence Systems in Employment Relations

The authors address the question of the powers of workers' representatives in an undertaking in relation to the use of artificial intelligence in an employment relationship. The authors focus on relevant legal aspects under Slovenian and EU law – and discuss two types of worker representation operating at the company level in Slovenia. The authors conclude that workers’ representatives have important competences in relation to the introduction/use of AI systems in the context of employment relationships. The latter relate to the general area of information and joint consultation within the company and to occupational safety and health. It is true that the text of the statutory powers of workers' representatives does not explicitly mention the concept of 'artificial intelligence' (algorithmic management, etc.) – yet certain general (existing) rules must nevertheless be applied and interpreted accordingly. Taking into account European regulation under consideration, the authors suggest certain possible de lege ferenda improvements.