Article

Labour Code - article 3 (3); article 12-A (1c); article 24 (3); article 106; article 424 and article 466

Description

LAST UPDATE 2023 - THIS CONTENT WILL NOT BE UPDATED

In the framework of the Decent Work Agenda (entered into force with Law 13/2023, of 3 April), the Labour Code (Law 7/2009 of 12 February) has changed, including specific information regarding Algorithms and Artificial Intelligence:

• Collective Bargaining Agreements can only regulate the use of algorithms, artificial intelligence, and associated technologies in a way that is more advantageous to employees (article 3 (3)).
• Legal rules on equality and non-discrimination are now applicable to decision-making based on algorithms or other artificial intelligence systems (article 24(3)).
• Employers must inform job applicants about the use of algorithms and artificial intelligence (article 106).

In regards to the platform operators, the Labour Code establishes that an employment agreement presumption can be established between self-employed activity providers and digital platform operators if certain indicators are present, notably if the platform operator controls the activity provided, particularly through electronic means or algorithmic management (article 12-A 1c))

Workers representatives have the right to be informed regarding the parameters, criteria, rules and instructions on which algorithms or other artificial intelligence systems are based that affect decision-making on access and maintenance of employment, as well as working conditions, including the creation of profiles and control of professional activity (article 424) as well as the trade union, in case or medium or large companies (article 466).

Commentary

No information available

Additional metadata

Cost covered by

None

Involved actors other than national government

Employer organisation Trade union Works council

Involvement (others)

None

Thresholds

Affected employees: No, applicable in all circumstances
Company size: No, applicable in all circumstances
Additional information: No, applicable in all circumstances

Sources

• Law 7/2009 of 12 February
• Law 13/2023 of 3 April