What employee representatives need to know about AI
The works council must be consulted on the introduction of new technologies and any significant changes to working conditions (Article L2312-8 of the Labour Code). Faced with an AI project, elected representatives can demand full information on purposes and data processed, request an expert assessment, and verify GDPR and AI Act compliance.
The social and economic committee (CSE) has important prerogatives regarding the deployment of AI in the company. Under Article L2312-8 of the Labor Code, the CSE is consulted on the introduction of new technologies and on any significant change to working conditions. Faced with an AI project, CSE members can demand complete information on purposes and data processed, commission an expert assessment, and verify compliance with the GDPR and the AI regulation. Well-informed representatives provide a useful counter-power.
CSE prerogatives
Article L2312-8 of the Labor Code provides for CSE consultation on matters concerning the organization, management and general running of the company, particularly the introduction of new technologies and any significant change to working conditions. An AI deployment project affecting work falls within this scope.
What representatives can request
Complete information: purposes, data, effects on positions and working conditions. The CSE may, under the conditions provided, commission an expert opinion to inform its position on an important project. Representatives can verify that the system complies with employee information obligations, proportionality and the GDPR.
Points of vigilance
Data collection on employees, its proportionality, prior information. The possible presence of automated decisions producing significant effects. Compliance with AI regulation prohibitions, including emotion recognition at work. Possible biases in systems used for evaluation or management.
The role of counter-power
An informed and active CSE contributes to responsible AI deployment that protects employees. The aim is not to block by default but to demand transparency, proportionality and compliance.
Frequently Asked Questions
Can the CSE oppose an AI project?
It is consulted and issues an opinion. It can influence, demand safeguards, commission an expert, but the decision lies with the employer within the legal framework.
Can the CSE commission an expert?
Yes, under the conditions provided by the Labor Code, to inform its position on certain projects.
What are the vigilance points?
Data collected, proportionality, information, automated decisions, biases, compliance with prohibitions.
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