AI and Algorithm Notice to Workers, Candidates and Representatives

How to use this document

• Use it to set how [ORGANIZATION NAME] informs workers, candidates and their representatives about the algorithms and AI systems that make or influence employment decisions, and to deliver that information with notice templates and a delivery log.
• HR usually owns it, supported by employment counsel and the DPO or privacy function.
• Before adopting it, the organization should decide which systems go into the inventory in section 3, who can review decisions on request, and the internal deadlines for answering requests.
• Complete section 3 for each system and adapt the templates in section 10 to each one. A generic notice that does not explain the specific system adds little.
• Keep the country variants where you have workers or candidates and delete the rest. In the United States, the variant depends on the city or state.
• Ask your employment advisor to review the policy and notices before delivery, especially where there is collective bargaining, a collective agreement or a digital labor platform.
• Have leadership approve the policy, deliver it to worker representatives where they exist, and keep evidence of every delivery in the log in the implementation aids.

AI and Algorithm Notice to Workers, Candidates and Representatives

1. Purpose and scope

1.1. [ORGANIZATION NAME] uses algorithmic and artificial intelligence systems in some employment-related decisions. This policy sets what information is given about them, to whom, when and how, and what the people affected can request.

1.2. It applies to every system, in-house or from a vendor, that makes or supports decisions on:

• recruitment and hiring, including reading, scoring or ranking applications and analyzing interviews;
• assignment of tasks, routes, orders or customers;
• working time, shifts and schedules;
• pay, incentives, bonuses or penalties;
• performance evaluation, promotion and training;
• control or monitoring of activity;
• discipline, suspension or deactivation of accounts and termination of employment.

1.3. It applies to employees, candidates and, where the law provides, people who work through digital platforms even if they are not employees.

2. Commitments

2.1. Inform before use. No system covered by this policy goes live, or is materially changed, without first informing worker representatives and the people affected under this policy.

2.2. Explain, not just mention. The information describes the parameters, rules and instructions the system is based on and how it affects decisions. Referring to the law or the collective agreement is not enough. Handing over the code or the model is not necessary.

2.3. Real human involvement. Decisions that restrict, suspend or end the relationship, or that affect pay, are made or reviewed by a person with the authority and training to change the outcome.

2.4. Non-discrimination. Systems are tested for direct and indirect bias, and variables that act as proxies for protected characteristics are not used.

2.5. Data limits. Systems are not used to infer workers' emotions or psychological states, to process private conversations or data outside working time, or to predict the exercise of rights such as union membership.

2.6. No retaliation. Requesting information, an explanation, human review, an alternative or an accommodation never has negative consequences for the requester.