The use of algorithms or artificial intelligence systems to make automated decisions affecting workers is becoming increasingly common. For this reason the Expert Commission on algorithms and labour market of the Ministry of Labour and Social Economy (of which the co-director of this Chair, Adrián Todolí, has been a member) has presented a guide that brings together the obligations and rights in this area.

The use of algorithms and artificial intelligence systems in recruitment, timetabling, performance assessment, productivity control, dismissal, etc. may lead to risks to the fundamental rights of workers. Since there are many regulations in the Spanish legal order, the Ministry of Labour and Social Economy created a guide to help improve compliance. Here are some of the ideas that can be found in this guide.

 In which areas are algorithms and automated decision-making systems being used in the workplace?

• Selection and hiring of people.
  • Selection phase
  • Candidate ranking phase
  • Interview Phase
  • Hiring phase
• Monitoring and surveillance in the workplace
• Work direction and management

What algorithmic information rights are regulated?

• Individual right to information: obligation of information in favour of workers subject to fully automated decisions.
• Collective right to information: obligations on the company to inform the legal representatives of the workforce about the functioning of the algorithm affecting employees.

What information the company must provide?

• Information about the use of algorithms or artificial intelligence systems to make automated decisions, including profiling, identifying the used technology and the people management decisions for which such technology is used.
• Significate, clear and simple information about the logic and functioning of the algorithm, including the used parameters and variables.
• Information on the consequences that may result from the decision taken through the use of algorithms or automated decision-making systems.

The guide includes more detailed information, as well as other useful related issues. Also, the document includes a tool of algorithmic information, a questionnaire that can be used to ensure compliance with the algorithmic reporting obligation.

Here you can access to the complete guide.

You can also watch the presentation act of the guide.