Argentina
Involvement of employee representatives required? No Notes: No direct requirement. However, if a new technology modifies working conditions established by existing collective bargaining agreements, the union can request that the company explain the new technology to be implemented and jointly analyse its impact on individual working conditions.
Australia
Involvement of employee representatives required? Yes Notes: Consultation must occur with any employees who might be affected by the proposed changes (and their representatives, if any) where an employer has decided to introduce major changes in production, programming, organisation, structure or technology that are likely to significantly affect employees.
Austria
Involvement of employee representatives required? Yes Notes: The introduction of any technical system for monitoring employees that affects human dignity is subject to approval and requires a works agreement between the employer and the works council. Systems for the automated collection, processing and transmission of employees' personal data, as well as systems for evaluating employees, are also subject to approval, with some exceptions.
Belgium
Involvement of employee representatives required? Yes Notes: When introducing or updating workplace technology, especially AI systems, employers must inform and consult employee representative bodies, including Works Councils, trade union delegations, or Prevention and Protection Committees. If no formal representation exists, individual employees must be informed. The deployment of AI must be discussed with employee representatives, explaining the purpose, risks, and impact of the technology.
Brazil
Involvement of employee representatives required? No Notes: No requirement.
Bulgaria
Involvement of employee representatives required? No Notes: No express requirement in relation to AI.
China
Involvement of employee representatives required? Yes Notes: Potential requirement, depending on whether the workplace AI technology affects employees’ immediate interests (such as labour remuneration, working hours, rest and leave, labour safety and hygiene, insurance and benefits, employee training, and labour discipline). In that event, its introduction or updates must be subject to the “democratic and publication procedures” (i.e. collective consultations with any employee representative body or all employees) before the relevant policies or decisions become effective and binding on all employees.
Colombia
Involvement of employee representatives required? No Notes: No requirement.
Czech Republic
Involvement of employee representatives required? Yes Notes: The employer is required to inform and consult employee representatives regarding any significant changes in work organization, which may include the introduction of new technologies, digitalization, automation, or AI. In general, the consent of employee representatives is not required for the mere introduction or update of technologies, unless this is stipulated by a collective agreement or a specific legal regulation (for example, in the area of occupational health and safety or work regulations).
Denmark
Involvement of employee representatives required? Yes Notes: Potential requirement, depending on the applicable collective agreement. Under the Cooperation Agreement (Samarbejdsaftalen), specific rules apply regarding the introduction of new technology. The works council (Samarbejdsudvalget) must be consulted on matters involving significant technological changes, including the assessment of the technical, economic, personnel-related, educational, and environmental consequences of implementing or altering existing technology, such as computer-based systems.
Estonia
Involvement of employee representatives required? No Notes: No direct requirement beyond the general information and consultation duties that apply on major changes in the employer’s structure, work organisation and employment relationships.
Egypt
Involvement of employee representatives required? No Notes: No requirement.
Finland
Involvement of employee representatives required? Yes Notes: If the employer regularly employs at least 20 employees, it must engage in regular dialogue with the employee representative(s), including when introducing or updating artificial intelligence technology.
France
Involvement of employee representatives required? Yes Notes: A requirement to consult with the Social & Economic Committee (‘SEC’) before introducing an AI system affecting work organization, working conditions or employee health & safety.
Germany
Involvement of employee representatives required? Yes Notes: The works council has a right of participation in the introduction or updating of workplace technologies, including artificial intelligence technologies. If the employer and the works council fail to reach an agreement in this regard, the conciliation committee shall render the final decision.
Hungary
Involvement of employee representatives required? No Notes: No requirement.
India
Involvement of employee representatives required? No Notes: No requirement.
Iran
Involvement of employee representatives required? No Notes: No requirement.
Ireland
Involvement of employee representatives required? No Notes: No direct requirement, unless agreed in a collective agreement or unless otherwise related to a business transfer or collective redundancies.
Italy
Involvement of employee representatives required? No Notes: Where a workplace technology system incorporates AI technology, the employer is required to inform employees and trade unions about: (i) the purposes of use, (ii) how the system operates, (iii) the data used to train the system, (iv) the measures adopted to monitor outputs and correct errors, including the data controller, and (v) the system’s level of cybersecurity. NCBAs may establish additional specific requirements.
Japan
Involvement of employee representatives required? No Notes: No requirement.
Jordan
Involvement of employee representatives required? No Notes: No requirement.
Kingdom of Saudi Arabia
Involvement of employee representatives required? No Notes: No requirement.
Latvia
Involvement of employee representatives required? Yes Notes: Employers must provide timely information and carry out consultations with employee representatives before taking decisions that affect employees’ working conditions. This is the general legal basis that covers many changes at workplace level (including the introduction of new technologies that affect work organisation, tasks, monitoring, pay, etc.).
Lithuania
Involvement of employee representatives required? Yes Notes: The range of matters on which an information and consultation procedure is required includes when adopting or amending technological processes or ICT use.
Malaysia
Involvement of employee representatives required? No Notes: No requirement.
Mexico
Involvement of employee representatives required? No Notes: No requirement.
Nepal
Involvement of employee representatives required? No Notes: No direct requirement. Nevertheless, if introduction or updating workplace technology, including AI technology requires amendment to the internal employee by-laws, then consultation process must be initiated.
Netherlands
Involvement of employee representatives required? Yes Notes: In relation to a decision to introduce or amend a significant technological provision, the works council may have a right to render advice. Depending on the nature of the technology, this may also trigger a right to consent.
New Zealand
Involvement of employee representatives required? No Notes: No direct requirement. An indirect requirement may apply where the introduction of AI would either have a significant impact on employee’s duties (i.e. a significant reduction) or lead to redundancies.
Norway
Involvement of employee representatives required? Yes Notes: The employees and their representatives shall be kept continuously informed of systems used in planning and performing the work. They shall be given the training necessary to enable them to familiarise themselves with these systems, and they shall take part in designing them.
Philippines
Involvement of employee representatives required? No Notes: No requirement.
Poland
Involvement of employee representatives required? No Notes: No requirement.
Qatar
Involvement of employee representatives required? No Notes: No requirement.
Romania
Involvement of employee representatives required? Yes Notes: No direct specific requirement. However the introduction of workplace AI may fall within the general requirement to consult with employee representatives regarding decisions that may lead to significant changes in the organization of work, contractual relations, or employment relationships.
Russia
Involvement of employee representatives required? No Notes: No requirement.
Singapore
Involvement of employee representatives required? No Notes: No requirement.
Slovakia
Involvement of employee representatives required? Yes Notes: If introducing or updating technologies in the workplace, including artificial intelligence technologies, may lead to fundamental changes in the organization of work or in contractual conditions, the employer is obliged to consult it with employee representatives.
South Africa
Involvement of employee representatives required? Yes Notes: A proposal introducing or updating workplace technology must be consulted upon and an attempt to reach consensus. If the employer does not reach consensus with the workplace forum, the employer may refer the dispute to arbitration in terms of any agreed procedure or, absent an agreed procedure, refer the dispute to the CCMA.
Spain
Involvement of employee representatives required? Yes Notes: Specific collective consultation obligations when introducing or updating workplace technologies, including AI systems, particularly those that affect working conditions, employee monitoring, or decision-making processes.
Sweden
Involvement of employee representatives required? Yes Notes: Employers bound by a CBA must generally consult before implementing a decision regarding significant changes to the workplace. Introducing or updating workplace technology, including AI technology, that could have a significant impact on business operations and/or employees could trigger a consultation obligation. Employers not bound by a CBA are generally not required to consult.
Switzerland
Involvement of employee representatives required? No Notes: No requirement.
Taiwan
Involvement of employee representatives required? No Notes: No requirement.
Thailand
Involvement of employee representatives required? No Notes: No requirement.
UAE
Involvement of employee representatives required? No Notes: No requirement.
UK
Involvement of employee representatives required? No Notes: No direct requirement, unless agreed in a collective agreement or unless otherwise related to a business transfer or collective redundancies.
USA
Involvement of employee representatives required? No Notes: No direct specific requirement. However, Collective Bargaining Agreements generally govern the requirements for consultation and may vary.
Vietnam
Involvement of employee representatives required? No Notes: No direct requirement.
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© Eversheds Sutherland. All rights reserved. Eversheds Sutherland is a global provider of legal and other services operating through various separate and distinct legal entities. Eversheds Sutherland is the name and brand under which the members of Eversheds Sutherland Limited (Eversheds Sutherland (International) LLP and Eversheds Sutherland (US) LLP) and their respective controlled, managed and affiliated firms and the members of Eversheds Sutherland (Europe) Limited (each an "Eversheds Sutherland Entity" and together the "Eversheds Sutherland Entities") provide legal or other services to clients around the world. Eversheds Sutherland Entities are constituted and regulated in accordance with relevant local regulatory and legal requirements and operate in accordance with their locally registered names. The use of the name Eversheds Sutherland, is for description purposes only and does not imply that the Eversheds Sutherland Entities are in a partnership or are part of a global LLP. The responsibility for the provision of services to the client is defined in the terms of engagement between the instructed firm and the client.
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