France: The Works Council Must be Consulted on the Use of AI in the Workplace
As the second phase of the AI Act has entered into force in August, the French Courts are setting rules with regards the introduction of AI-based tools in the workplace.
Following a ruling by the district court of Nanterre in February this year, the district court of Creteil rendered a ruling on July 15th stating explicitly for the first time that the Works Council must be consulted before AI-based tools can be deployed in the workplace.
In this case, a trade press company had deployed AI-based tools to help in drafting articles. The Works Council complained that they had not been consulted namely on the impact of such tools on the employees’ working conditions. The company having refused to organize such consultation, the Works Council sought and obtained an injunction to suspend the deployment of such tools pending their proper consultation.
Key Action Points for Human Resources and In-House Counsel
Ensure you inform and consult your Works Council before introducing AI-based tools if this is likely to impact employees’ working conditions.
