Collective bargaining practices on AI and algorithmic management in European services sectors
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ABSTRACT
Artificial intelligence (AI) systems are increasingly being used in various industries in connection with algorithmic man agement, chatbots, geopositioning, and other processes. AI refers to machinebased systems that can make predictions, recommendations, or decisions with only limited human input/oversight.
To understand the challenges that are emerging in relation to the increased use of AI in human resource management, the report examines the current situation in collective bargain ing regarding the use of AI related tools by employers visà vis workers, especially in the service sector. The findings are based on desk research, an original survey of 148 trade union representatives affiliated to UNI Europa in 32 countries, and an analysis of 31 collective agreements that already contain provisions relating to the use of AI. Results reflect current experience, general opinions on bargaining on AI related challenges, and expected union actions to develop bargain ing in this area, as well as some good practices on AI related clauses in collective agreements.
The analysis has produced the following key conclusions:
- Bargaining on AI is emerging and is not yet as widespread as bargaining on other elements of working conditions.
- Out of 90 survey responses, only 20% of trade unions reported having a collective agreement that addresses AI related issues at the organisation or sector level. This implies that the majority of trade unions (69%) donot have any collective bargaining agreements related to AI, and 11% are unaware of any such agreements.
- Existing collective agreements mostly make general ref erence to the use of technology. However, several agree ments were identified (e.g. in Italy, Germany, Norway and Spain) that can serve as examples of more detailed rules and arrangements on the right to disconnect, digital rights of the workers at the workplace, informa tionsharing and business control.
- With the increasing use of technology at the workplace, it can be expected that collective bargaining on AI will further increase in relevance. 42% of the UNI Europa affiliates that participated in the survey are already en gaged in discussions and negotiations on various topics related to AI, even if this is not collective bargaining in the strict sense. Unions prioritise issues of data protec tion, worker privacy, the impact of AI on working hours, monitoring of worker activities, and automated sched uling of work shifts.
- In the process of developing collective bargaining on AI related issues, unions prioritise bargaining on work ers’ right to challenge decisions made through auto mated decisionmaking, and their right to receive advice from an external data expert. Additionally, there is an in tense desire among unions to have a right to information and consultation on the use and evaluation of AI tools.