AI instead of employees

Goldman Sachs predicts that up to 300 million full-time jobs worldwide will be replaced by artificial intelligence (AI).
AI is then no longer just a tool for employees to make work easier, but replaces their work performance. On the other hand, AI can also create new jobs.

The Works Council Modernisation Act (Betriebs­räte­modernisierungs­gesetz) has also introduced AI into the Works Constitution Act (Betriebs­verfassungs­gesetz, BetrVG) (e.g. sections 80 (3) sentence 2, 90 (1) no. 3, section 95 (2a) BetrVG). However, works council rights in connection with AI do not only exist in the newly created paragraphs, but also arise implicitly. If certain jobs are completely replaced by AI, it will be a change in operations within the meaning of section 111 of the Works Council Constitution Act (BetrVG), which will result in negotiations on reconciliation of interests and social plans. If the AI programmes collect data that can potentially be used to make statements about employees, their performance or behaviour, there is a right of co-determination under section 87 (1) no. 6 BetrVG. Physical or mental health can also be affected by AI, section 87, (1), no. 7 BetrVG.

If AI creates new jobs or changes the requirement profile, the employer must think about training measures.

We will be happy to advise you on all employment law issues related to the use of AI in your company.