Algorithms in the Workplace – The Adequacy of the Existing Legal Framework for Occupational Health and Safety, Non-Discrimination, Data Protection and Worker’s Voice Arrangements

The economy and workplaces are constantly evolving as a result of technological innovation. Algorithms are in ever increasing extent being used in products and services, sometimes referred to in terms of “Artificial intelligence” (AI). Such applications are not only integrated in products and services, they may also be used to organise work. This raises questions regarding both occupational safety and health and worker privacy. This project addresses three areas of concern: First, when algorithms are used to manage and coordinate the work of employees; second, when algorithms are used for another purpose, but still has implications for occupational health and safety; and third, recruitment.

The inquiry involves an understanding of how law, society and technology interact. Thus, in light of AI’s growing impact on society, including in the workplace, there is arguably a need for those who regulate, employ or are affected by AI based systems in the workplace to have an adequate understanding of the technology. The over-arching purpose is to examine the adequacy of the existing legal framework for occupational health and safety, non-discrimination, data protection and worker’s voice arrangements.

The project concerns three bodies of law, that to various degrees are subject to regulation both at the national level and at the international level; including conventions of the ILO; EU law on occupational health and safety, concerning workers’ voice arrangements and the EU GDPR; national rules and their practical implementation.

In order to achieve the purpose, the study relies on the traditional doctrinal method of identifying and interpreting the relevant norms as well as more progressive views on what law is, including the perception that computer code may regulate conduct in the same manner as law does.