Under French law, companies with at least 50 employees are required to inform and consult their works council before making any final decisions and implementing projects that could significantly alter working conditions. Failure to do so could result in the suspension of the project or fines.
This ruling illustrates the importance for employers to thoroughly evaluate the extent of AI tool experimentation and to consider bringing the works council into the process at an early stage to ensure compliance with consultation requirements and avoid legal penalties.
What does this mean for employers?
- Employers in France should exercise caution when deploying AI tools.
- A pilot phase that goes beyond simple testing counts as the initial application of AI tools in the organisation of work – triggering the requirement for prior consultation with the works council.
What else should employers know about introducing AI in the workplace?
- Before introducing AI, employers must:
- Carefully assess its potential impact on working conditions.
- Consider how it will protect employees’ personal data.
- Evaluate any possible repercussions on health and safety.
- Once AI is implemented, employers must:
- Ensure responsible use by all staff.
- Train managers and employees on how to use it.
- Periodically follow-up and evaluate the AI implementation.
- Clearly define the use of AI in workplace policies and remind employees of the company’s expectations.
