In recent months, several rulings have been made recognizing to the “CSE” (social and economic committee), the right to consultation when artificial intelligence (AI) tools are implemented in the company. Although caution is still recommended at this stage, as these decisions could be overturned by a higher court, companies must nevertheless pay attention to this issue.
In summary, the three decisions made this year have highlighted the fact that the introduction of IA as a new work tool must be seen as a new technology that is likely to have an impact on the situation of workers.
The obligation to consult the “CSE” has therefore been recognized with regard to the implementation of AI tools on the intranet and offering paid access to these tools. It has been specified that these technologies can have a beneficial effect for employees, particularly in terms of time saving, but also other impacts such as loss of autonomy, initiative, or reflection, or even an intensification of work.
Why is this important?
- AI is transforming jobs, organizations, and responsibilities.
- The “CSE” is becoming a key player in digital implementation.
- Failure to consult = risk of suspension of the AI tool implementation project in the company, risk of litigation, loss of internal trust.
The “CSE” is becoming a strategic partner in ensuring responsible AI usages.
How can these issues be addressed within the company?
- Inform and consult the “CSE” from the AI project design phase onwards.
- Document the impacts on working conditions.
- Create an AI/digital commission.
- Train “CSE” representatives on AI issues.
- Provide for external expertise to assist the “CSE” to assess the impacts on:
. Health & safety of working conditions (effects of digital tools on working conditions)
. Work organisation (automation of tasks, changes in working conditions criteria, creation of work overload or underload)
. Ethical risks associated with algorithms (algorithm transparency).
AI is not just a technical issue: it is a matter of governance and social dialogue.
By involving the “CSE” from the outset of a project meant to implement new technology in the company, companies ensure that technical issues are addressed in accordance with rules that allow for a more transparent and responsible usage of AI.
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