Should the Works Council Be Involved in AI Introductions?

The Crucial Point

Suitable, not intended. A system that logs processing times is suitable for performance monitoring – even if no one intends to use it for that purpose. This is sufficient for co-determination.

What is Typically Covered

• Systems that process work results of individual persons
• Automatic assignment and prioritization of tasks
• Transcription of conversations
• Evaluations that can be broken down to individuals
• Chatbots that log employee inquiries

What Should Be Included in a Works Agreement

• Purpose of the system, clearly defined
• What data is processed
• Exclusion of performance and behavior monitoring
• Retention period
• Who has access to evaluations
• Procedure for extensions

The third point is usually the core of the negotiation.

Why Early Involvement is Economical

A project that fails at the Works Council after completion is expensive. Early involvement takes weeks, while subsequent disputes take months.

Moreover, the perspective helps: Resistance usually arises at points that can be changed with little effort – for example, when evaluations are conducted on an individual basis rather than aggregated.

Without the Works Council

Then co-determination is eliminated, but not the GDPR. Employee data still requires a legal basis and transparency.

This text does not replace legal advice.