The EU AI Act: what it means for workers
The EU AI Act (Regulation (EU) 2024/1689) creates specific protections for workers whose employment is affected by AI systems. Several employment-related AI applications are classified as high-risk under Annex III, meaning employers using these systems must comply with extensive requirements — and workers can benefit from the transparency and oversight obligations these create.
High-risk AI applications under Annex III that directly affect workers include: AI used for recruitment and candidate selection — CV screening, interview analysis, automated shortlisting; AI used for employment decision-making including promotions, task allocation, performance and behaviour monitoring, termination decisions; and AI used to assign and terminate work contracts and to determine conditions of work. These systems face mandatory requirements for technical documentation, human oversight, transparency to deployers and affected individuals, and post-market monitoring.
For workers, the practical implication is that if your employer uses an AI system classified as high-risk to make or substantially influence employment decisions affecting you, that employer is subject to legal obligations around: maintaining logs of the system's operation; implementing meaningful human oversight; providing you with information about the AI system and decisions made about you (under the right to explanation in Article 86, effective from December 2027 for Annex III systems); and ensuring the AI does not produce discriminatory outputs against protected groups.
GDPR Article 22: your right against automated decisions
GDPR Article 22 remains in force in all EU member states and applies independently of the AI Act. It gives you the right not to be subject to a decision based solely on automated processing when that decision produces legal or similarly significant effects — covering automated job rejection, AI-generated performance assessments that automatically trigger disciplinary action, and algorithmic redundancy selection without genuine human review.
Where Article 22 applies, you have three rights: the right to request human review; the right to express your point of view to a human who has the authority to change the decision; and the right to obtain an explanation of how the decision was made. These rights must be exercised within a reasonable time of the decision. "Human review" requires genuine independent assessment — an employee who simply confirms the AI's output without exercising their own judgment does not satisfy this requirement.
Your employer can limit Article 22's application if the automated decision is necessary for a contract, authorised by EU or member state law, or based on your explicit consent. But even in these cases, you retain the right to human intervention and to contest the decision.
GDPR transparency and access rights
Under Articles 13 and 14, your employer must inform you — in a privacy notice — when your personal data is used in automated decision-making, including the logic involved and the significance and likely consequences for you. A generic statement that "we use technology in HR processes" does not satisfy this.
Under Article 15, you have the right to access your personal data held by your employer, including data used in AI assessments. Submit a written subject access request — your employer must respond within one month. This can reveal what data the AI used, how it scored you, and whether any errors occurred.
Article 17 gives you the right to request erasure of personal data where it is no longer necessary for the purpose for which it was collected, or where you withdraw consent. This can be relevant to AI assessment data retained longer than necessary.
Equal treatment and non-discrimination
EU equality law — implemented through national legislation and the Charter of Fundamental Rights — prohibits discrimination based on sex, racial or ethnic origin, religion or belief, disability, age, or sexual orientation in employment. AI systems that produce discriminatory employment decisions breach this law regardless of whether the discrimination was intentional.
If you believe an AI employment decision discriminated against you based on a protected characteristic, you can: raise a formal grievance with your employer; file a complaint with your national equality body (such as the EHRC in the UK — though note the UK is no longer in the EU); bring proceedings in an employment tribunal or court; or file a complaint with the national data protection supervisory authority if the issue is also a data protection violation. National time limits vary — in many member states the limit for employment discrimination claims is 3-6 months from the discriminatory act.
Workers' information and consultation rights
The EU's Information and Consultation Directive (Directive 2002/14/EC) requires employers with 50 or more employees to inform and consult employees about decisions likely to lead to substantial changes in work organisation. The introduction of AI systems that significantly alter how work is managed, monitored, or allocated should trigger this obligation.
The European Works Council Directive gives workers in large multinational companies the right to be informed and consulted on significant decisions affecting them, including technological change. AI deployment that substantially changes the nature of work or workforce management should be on the agenda of European Works Councils where they exist.
What to do if your rights are not being respected
Start by documenting the AI system involved — what it does, what decision it influenced, and when. Submit a subject access request for your personal data including any AI-generated assessments. Raise a formal grievance with your employer in writing. Contact your national data protection supervisory authority — each EU member state has one (supervisory authority contact information is at edpb.europa.eu). If in a unionised workplace, involve your union representative — EU-level unions are developing AI-specific negotiating positions and can provide guidance. Consult a labour law specialist in your jurisdiction for employment law claims. The AI Act's own redress mechanisms are still developing and will become clearer as implementation progresses toward the December 2027 Annex III deadline.
