AI and Employment

Artificial Intelligence (AI) is revolutionizing the workplace, bringing about transformative changes in how businesses operate and how employees perform their duties. Employers are increasingly integrating AI systems into their services and internal processes, which has significant implications for the workforce. AI tools, particularly generative AI, are now widely accessible, and it is common for employees to utilize these tools, sometimes even without the explicit knowledge of their employers. This widespread adoption of AI necessitates a proactive approach from employers to ensure that the integration of AI into the workplace is both effective and compliant with legal and ethical standards.

• Digital Skills and AI-Literacy. One of the primary concerns for employers is the impact of AI on current job roles and more specifically skills. As AI systems take on tasks that were traditionally performed by humans, there is a growing need for employees to adapt and acquire new (digital) skills. Employers must consider the transformation of their workforce and the implications for training and education. It is essential to conduct strategy sessions for Human Resources (HR) to develop a comprehensive plan that addresses the upskilling of employees, ensuring they are AI-literate and capable of working alongside AI technologies.
• AI-Policies for Employees. The introduction of AI in the workplace also necessitates the development of clear AI policies. These policies should regulate the use of AI by employees and other workers, outlining the acceptable parameters and ensuring that the deployment of AI tools aligns with the company's values and legal obligations. Such policies are crucial for maintaining control over AI usage and mitigating risks associated with data privacy and security.
• Employee and Works Council Consultation. When introducing AI technology and related policies, it is important to engage in a dialogue with employees and their representatives, such as works councils. Consultation, advice, and consent are not only often legally required but also serve to foster a collaborative environment where AI is seen as a tool for enhancement rather than a threat. This process helps to ensure that the workforce is on board with the changes and that their rights and concerns are adequately addressed.
• AI Systems for Internal Processes. The use of AI systems for internal processes such as recruitment, selection, promotion, task allocation, or performance monitoring presents certain challenges. If AI use is considered high-risk, it requires specific safeguards to be put in place. Employers must be vigilant in ensuring that their use of AI in these areas is compliant with existing and forthcoming regulations, which aim to protect the rights of individuals and prevent discriminatory practices.

The integration of AI into the workplace is a complex process that requires careful consideration of various factors, including employee skills, policy development, legal compliance, and ethical considerations. CMS TMC AI team which also consists of employment specialists are at the forefront of the AI community in the Netherlands and are well-equipped to support organizations navigating these challenges. 

The services provided by CMS include:

• Strategic Advisory: Assisting employers in understanding the impact of AI and AI regulations on their workforce and helping to develop strategies for digital skills enhancement and workforce transformation. We are well connected in various sectors and industries, and we are happy to share insights and trends that may be relevant for you. 
• Policy Development: Crafting tailored AI policies for employees that align with company objectives and legal requirements.
• Legal Consultation: Offering expert legal advice on the introduction of AI technologies and policies, ensuring compliance with the AI Act and other relevant legislation.
• Employee Engagement: Guiding employers through the process of employee and works council consultation to secure the necessary advice and consent for AI implementations.
• Risk Management: Advising on the use of AI for high-risk internal processes and helping to establish the necessary safeguards to protect employee rights and adhere to regulatory standards.

CMS TMC AI team and its employment specialists provide comprehensive support to companies as they adapt to the evolving landscape of AI in the workplace, ensuring that the transition is smooth, legally compliant, and beneficial for both employers and employees.