Umelá inteligencia a pracovné právo.

Artificial Intelligence and Labour Law.

Prof. JUDr. Helena Barancová, DrSc., Katedra pracovného práva a práva sociálneho zabezpečenia, Právnická fakulta Trnavskej univerzity v Trnave

Právny obzor, 107, 2024, No. 2, pp. 108 – 120.

Published online: 20.10.2023

https://doi.org/10.31577/pravnyobzor.2024.2.02

Abstract. The article deals with some of the consequences of the involvement of artificial intelligence systems in working life, which is already a reality in certain areas of working life. The AI is significantly ahead of the neccesary legislation that should enshrine its certain aspects. The author analyzes which areas of labour relations are most affected by the involvement of artificial intelligence systems. On this basis, the professor later focuses on the analysis of requirements that impose the necessity of legislative changes in the area of labour law and labour relations. Taking into account the legislative framework for the regulation of artificial intelligence by the European Union, when involving artificial intelligence systems in the field of labour relations, it is also inevitable to observe basic human rights as enshrined in the Convention on Fundamental Human Rights and Freedoms, but also in the EU Charter of Fundamental Rights. This mainly concerns the right to protect private life and the protection of personal data of employees, the right to protect the dignity of employees, compliance with anti-discrimination law and, on the other hand, also the freedom to do business and perform gainful activities. The involvement of artificial intelligence systems is currently relevant, especially, in the field of HR sector in the selection of job applicants within the framework of pre-contractual relations. Even during the employment relationship, artificial intelligence systems enable detailed control of employees, especially in terms of the efficiency of the use of working time, which can also lead to unilateral termination of the employment relationship by the employer. Highly autonomous artificial intelligence systems themselves give specific work instructions to employees, resulting in a certain delegation of the employer‘s right of instruction, which most characterizes the concept of employment work. According to the author, among the legislative requirements related to artificial intelligence, which must be dealt with by the labour law at present and in the near future, is mainly the change of essential legal terms in labour law, such as the term „employment „ as well as the term „employee.“ In addition, it will be necessary to deal with the legal position of the employee vis-à-vis the so-called „digital instruction“ by the highly automated artificial intelligence systems. It will equally be necessary to ensrine the liability legal relations in labour law as well as to extend the existing scope of employee representatives in protecting the employee from possible negative effects of artificial intelligence on employees.

Key words: Labour Law, Labour Code, Employee, Employer, Self-employed Person, employment relationship, Rights Guaranteed by Law to Employees, employment status, working time, rest time, the right to leave

ISSN 2729-9228
(online)

ISSN 0032-6984
(print)

TEORETICKÝ ČASOPIS PRE OTÁZKY ŠTÁTU A PRÁVA.

Právny obzor je recenzovaný časopis a je indexovaný v databázach SCOPUS a HeinOnline (INDEX TO FOREIGN LEGAL PERIODICALS)

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