What algorithms at the workplace mean for worker rights and participation

Project completed
Project duration: November 2022 to April 2024

Overview

1. What is it about?
2. Insights from the project
3. Publications from the project
4. What now?
5. Further posts about the topic

At the center of the project “Analytics for the People? What algorithms at the workplace mean for worker rights and participation” was to create an overview how algorithms and “AI” are used in the workplace, what this means for the rights of workers and what political actions for trade unions and what political demands we can derive from this.

What is it about?

Automated Decision-Making (ADM) systems are being increasingly used at the workplace, be it to recruit people, to monitor workers' productivity or to optimize processes. These algorithmic systems sometimes make decisions or recommendations that are essential to employees, such as about promoting, advancing, rewarding, or even firing them. While the use of these systems is progressing at different speeds, many companies are planning to do so in the near future. In accordance with this tendency it is important that employers, trade unions and workers are aware of the risks that come with the use of these systems and how their application can be designed that not only employers but also employees benefit from it.

Insights from the project

In collaboration with the trade union syndicom we research these questions from November 2022 to April 2024 and published our findings. We focused on the participation of employees when algorithmic systems are used in the workplace. This focus is based on two reasons: Firstly, employee participation can reduce various risks that come from the use of algorithmic systems, such as discrimination or negative health effects. Secondly, participation leads to better systems - for companies as well as workers - because the needs and work context of employees can be incorporated more. The project produced the following insights.

1. Central role of employees

We analysed the current situation around the use of algorithmic systems in the workplace (in German) and the particpation of employees and discussed these with experts (in German). We found the following:

• Ethical and legal impact assessments are unavoidable and need to complement employee participation.
• Ethical impacts of application depend on the specific implementation in the given context.
• Employee participation needs to consider all those affected, not only the users (such as for example HR managers) of a system.
• The responsibility for employee participation lies with the employer.
• Building up trust is the key to successful implementation of algorithmic systems.

2. Loopholes in the current legal framework

We examined the legal situation and used this as the basis for a position paper (in German) aimed at actors in the Swiss political system. The demands were picked up in the parliamentary session in winter 2023 in the National Council. In March 2024 the demands were topic of a round table with representatives from politics, science, trade unions and companies. The following demands are at the center of the debate:

• The participation right of employees needs to be expanded, so workers have corresponding participation rights around the use of algorithmic systems that come with big risks potentially.
• The information rights around the use of algorithmic systems need to be strengthened, to define clearly which information in which form employers need to provide to employees.
• The introduction of options for sanctions should protect the rights of workers better, as it is otherwise difficult for workers to claim their rights.
• Workers should be able to consult external experts if they lack specific know-how to exercise their participation rights.
• A collective and effective right of action should make sure that affected employees can stand up for their rights collectively, and for their representatives (such as trade unions) to be able to do the same.
• The provisions around health protection need to be specified and expanded if needed. Algorithmic systems which have a direct connection to health protection (as in systems that can be used for surveillance purposes) are subject to special participation duties today.

3. Knowledge dissemination for better work for everyone

Neither trade unions nor employers need to wait for a law to create new rights to include workers - in terms of a sustainable and purposeful use of resources it also helps companies when employers can have a say in digitalisation processes. Based on this we worked on what workers, trade unions and worker representatives need to know to stand up for their rights when a company uses algorithmic systems. This includes the following points:

• Algorithmic systems: companies can use algorithmic systems that have effects on workers independently of their size or sector. There are for example applications in the following areas: recruitment, employee retention, control and performance management as well as workplace and process design.
• Legal basics: There are various rights and duties currently regulating the relationship between employers and employees which also apply to the use of algorithmic systems in the workplace. In this context, not only the individual but also the collective interests and risks need to be considered.
• Ethical basics: When algorithmic systems are used in the workplace, the ethical perspective also needs to be considered. This encompasses intrinsic values such as justice and wellbeing, as well as procedural values such as transparency and control.
• Participation processes: For worker participation, trade unions can also refer to a legal framework that gives certain rights to employees. Worker participation is possible and necessary in different phases of the development of algorithmic systems. Trade unions have different options to demand worker participation.

Publications from the project

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What now?

AlgorithmWatch CH will continue campaigning for a use of algorithmic systems in the workplace that respects workers' rights. The findings from this project provide a base for this work. To stay informed about the current activities at AlgorithmWatch CH on the topic of algorithmic systems and work: sign up to our AlgorithmNews (in German) here. syndicom will also continue working on these issues, as Daniel Hügli, member of the executive board and head of sector ICT at syndicom, explained in a short interview.

Further posts about the topic