AI in the workplace: Co-determination for union representatives
When the employer is going to use AI, you as a union representative should come in early. Here you will get advice on when you should ask for discussion, what you should ask about and what rules may be relevant.
Artificial intelligence can be introduced as separate tools, but also as functions in systems the company already uses. For example, it can be Copilot in Microsoft 365, AI support in case management systems or functions that suggest answers, summarize meetings, analyse data or prioritise tasks.
Some changes are barely visible at first. Gradually, however, they may have an impact on work tasks, responsibilities, competence needs, staffing and the organisation of work.
The Government and the main organisations in the labour market have entered into a separate AI agreement (regjeringen.no) which states that the introduction of AI shall take place within the Norwegian working life model and through established arrangements for cooperation and co-determination.
The employer is responsible - union representatives have a say in the decision-making process
It is the employer's responsibility to ensure that AI is introduced and used in a responsible manner. The employer must, among other things, assess risk, safeguard privacy and information security, ensure necessary training and set a framework for its use.
As a union representative, your task is to help ensure that the consequences are assessed before important decisions are made. Ask questions, ask for information and highlight the members' experiences and concerns before decisions are made.
Ask for information early
When AI can influence work tasks, working methods, organisation or the employees' work situation, you should ask for information and clarify the need for discussion. This may apply, for example, to the use of AI in case processing, documentation, customer service or planning of work.
In many companies, union representatives only come in after the tool has been chosen. Then the opportunity to influence is smaller.
This is relevant both when the company acquires a new tool, and when an AI function is added to systems you already use. The same applies if the employer plans to change work processes, organisation or guidelines as a result of AI.
Start by asking the employer to explain why the solution is to be introduced. Is it about reducing time spent, managing larger workloads, increasing quality or freeing up time for other tasks? Which employees and tasks will be affected?
This is in line with the AI agreement between the government and the social partners, which states that employees and union representatives must be involved when AI is introduced and put into use.
Pay extra attention
If your AI solution is to be used to measure, rank, control, or monitor employees, you should request information and discussion as early as possible.
Such solutions may be control measures pursuant to the Working Environment Act (lovdata.no). The employer must then be able to justify the need for the measure and assess whether it is proportionate. The purpose, consequences and implementation must be discussed with the employee representatives before the measure is introduced. The employer must also inform the employees, and the measure must be assessed regularly.
What does the introduction mean for the employees?
AI can change both the tasks, the pace and the responsibilities of the work. Before new technology is used, you should therefore consider what the change means for your employees. The four questions below help you look at the consequences for people, not just the functions of the tool.
1) How are work tasks and organization affected?
Some tasks may be simpler or faster, such as writing reports, gathering information or processing standard inquiries. Other tasks may change character or disappear. The introduction may also lead to new tasks related to control, quality assurance and follow-up of the solution.
Therefore, ask the employer to describe how the work tasks are expected to change. Who will be affected? Will employees be given new roles or new responsibilities? Will expectations regarding pace, production or availability change?
It is also important to clarify how professional judgement is to be used. The fact that an AI solution proposes an answer or an assessment does not mean that the proposal is always correct. Employees must still be able to assess information critically and take responsibility for decisions where necessary.
2) Do employees have the right skills and support?
New ways of working often create a need for new skills. When introducing AI, the employer and employee representatives should discuss what skills needs may arise in the longer term, and how these are to be followed up.
Clarify who needs training in what before the solution is used. The needs will often be different for those who will use the solution on a daily basis, and those who will check results or follow up on quality, privacy and information security. Employees must know what the tool can be used for, where the boundaries are and how the results are to be quality assured.
It should also be clear who employees can contact when something goes wrong, and how you will follow up on experiences, errors and the need for change.
3) How is privacy and control safeguarded?
Ask for an explanation of what data the solution uses and where it comes from. Is data from documents, emails, calendars, customer information, or other sources of information used? How is this data processed?
You do not need to familiarize yourself with all the technical details. The important thing is to clarify how privacy and information security are assessed, who has access to what information, and what restrictions apply to the use of the solution.
It should be clear what types of information can be entered into which AI tools, and which information should never be shared. Also clarify who has access to the data.
4) Should AI be used for control and follow-up of employees?
Some AI solutions can analyze work patterns, measure activity, or provide recommendations that can be used to follow up on employees.
If a solution may have an impact on the assessment of individuals, there is reason to be extra vigilant. The employer should be able to explain what data is used, what assessments the system makes and how errors or biases can be detected.
Ask the employer to explain what personal data the system has access to and what restrictions apply to its use. For example, there may be restrictions on how information is used for control, monitoring or assessment of employees.
Also ask for information about how the assessments are documented, how the data quality is followed up and how human supervision should work. The person supervising the solution must have the necessary expertise and authority.
It must also be clear who is responsible for the decisions that are made. AI can be a support tool, but it cannot take over the employer's responsibility for sound assessments and decisions.
Good guidelines lead to safer use
Clear guidelines make it easier to use AI in a safe and predictable way. Employees should know which tools have been approved, what information can be shared with the solutions, what tasks AI can be used for, and which tasks still require human assessment.
The guidelines should also describe how errors and deviations should be handled, who is responsible for follow-up, and how employees can get help if they are unsure about their use.
As a union representative, you should ask to be involved when such guidelines are to be prepared or updated. This increases the chance that the rules will be understood and actually applied.
Address benefits and efficiency improvements early
AI can make certain tasks faster and change how the work is distributed. If this reduces the time spent on documentation, reporting or other routine tasks, the company will often expect benefits.
Ask the employer to explain what benefits they envisage, and how these may affect tasks, workload, organisation or staffing. Although the consequences may be uncertain early in the process, it is important to raise the topic before expectations are translated into plans and goals.
In the agreement, both provisions on restructuring and efficiency gains may be relevant in the discussion with the employer. Check the fact box for what is specifically stated in your collective agreement.
Checklist for the meeting with the employer
- What will AI be used for, and why?
- Which employees and tasks will be affected?
- How can the solution affect workload, responsibility and organisation?
- What data does the solution use, who gets access, and what information should not be shared?
- Can the solution be used for control or follow-up of employees?
- What training should the employees receive?
- What benefits does the employer expect, and what consequences can they have?
- How should employees and union representatives be involved further?
Find the legal and contractual provisions you can use
The Working Environment Act and the data protection regulations
AI agreement between the Government and the social partners
The agreement will ensure that AI is introduced through cooperation and co-determination in working life. Read about the AI agreement between the government and the social partners (regjeringen.no)
The state
-
Section 1 of the Basic Agreement (Purpose and intentions): Stipulates that union representatives shall be involved in the development process when ICT and AI are used for renewal and efficiency.
-
Section 8 of the Basic Agreement (Adaptation Agreement): Requires the enterprises to enter into a local adaptation agreement to ensure early co-determination adapted to local needs in the event of restructuring and digitalisation.
-
Section 17 of the Basic Agreement (Information): Imposes unsolicited and early information on streamlining and organisational changes so that co-determination becomes real in all phases.
-
Section 18 of the Basic Agreement (Discussions): Duty for the employer to discuss business plans as well as requirements specifications and choices when procuring ICT systems and digital equipment.
-
Section 19 of the Basic Agreement (Negotiations): Orders negotiations if new technology or AI leads to internal organisational changes with a changed organisational chart or redeployment of personnel.
-
Section 32 of the Basic Agreement (Competence development): Ensures co-determination of competence plans and requires the employer to provide employees with the necessary training in the use of new technology.
-
Section 2.5.3 1. b) of the Basic Collective Agreement on wage negotiations on special grounds: Allows for local wage negotiations and pay increases if measures are implemented to increase efficiency and digitalisation.
-
Section 5.5 of the Basic Collective Agreement (Competence Policy): Instructs the local parties to discuss the enterprise's competence policy in order to safeguard and further develop the employees' professional competence.
Spectrum
- Section 28 (Objectives) of the Basic Agreement: Stipulates that the cooperation shall be based on dialogue and trust, where employees' experience and insight are used to create sustainable development, a good working environment and good results.
- Section 29 of the Basic Agreement (Organisation and implementation): Gives employees and union representatives the right to real influence on utilising new technology, increasing efficiency and implementing restructuring.
- Section 30 of the Basic Agreement (Discussions on the enterprise's ordinary operations): Imposes an explicit duty on management to regularly and at the earliest possible time discuss the introduction and use of new technology and digitalisation with the employee representatives.
- Section 31 of the Basic Agreement (Discussions regarding restructuring of operations): Requires early information and discussion before decisions are made on important changes to operating arrangements and working methods, so that union representatives can provide their input.
- Section 37 of the Basic Agreement (Personnel archives and control measures): Requires that the need, design and introduction of technological control measures and monitoring must be discussed with employee representatives before implementation.
- Chapter VIII Section 44 of the Basic Agreement and Part A of the collective agreement Chapter V Section 5 (Competence development): Requires the enterprise to map competence needs in collaboration with employee representatives and carry out planned training, which is crucial when new ICT, digitalisation or AI require changes in competence.
Also check the local B-part if there are supplementary provisions there.
KS
- Purpose of the Basic Agreement: Employees and union representatives shall be involved as early as possible in restructuring and be given real influence on how the workplace is organised and how working methods are developed.
- Section 1-3 of the Basic Agreement, Part B (Forms of co-determination): Stipulates that, as a general rule, the employee representatives shall be represented in ad hoc committees and project groups that investigate administrative issues.
- Part B of the Basic Agreement § 1-4-1 (Reorganisation): Requires the employer to inform and discuss at the earliest possible time in the event of restructuring or operational restructuring, so that employee representatives have a say in the process, schedules, project groups and consequences for the employees.
- Part B of the Basic Agreement, Section 3-1 c) (Changes and restructuring): Duty for the employer to inform, discuss and consult union representatives at the earliest possible time in the event of organisational changes, restructuring and implementation of national reforms.
- Addition of minutes on digital transformation: Says that the employer must inform, discuss and consult union representatives at the earliest possible time when digital systems have an impact on employees' work situation.
- Chapter 3.3 of the Basic Collective Agreement (HTA) (Competence – learning and development): Requires the employer to map competence needs and discuss an overall competence plan with employee representatives, which is key in the introduction of new ICT and AI.
Samfunnsbedriftene
- Section 7 of the Basic Agreement Part C (Technology and digitalisation): Stipulates that technological development, digitalisation and organisational development in municipal enterprises shall take place in collaboration between employees and management, for example through separate project groups
Provisions of the Energy Agreement II
- § 14 Storage of personal data: When introducing systems that collect and store data about the individual employee or his or her movements (e.g. ICT systems, access control or digital surveillance), this must be discussed in advance with the employee representatives in accordance with the Basic Agreement. Part C § 3-1 and GDPR. Minutes and purposes must be kept, who is granted access, and the storage period must be clarified.
- § 18 Accessibility technology: Requires the employer and employee representatives to discuss the use of accessibility technology that challenges the distinction between working hours and leisure time. The discussions must clarify the employer's expectations and how the technology is used, and a local special agreement can be entered into.
Provisions in the Corporate Agreement
- § 3.2 and § 3.2.1 Competence and competence development: Instructs the employer to hold annual discussion meetings on future competence needs and prepare a plan for competence-enhancing measures in collaboration with the employee representatives – which is absolutely key in the introduction of new ICT and digital tools.
Private sector
The main agreement with NHO
- Chapter VIII on information, cooperation and co-determination: Gives employees real say in technology utilisation and streamlining. Section 8-4 requires discussion before a decision is made on changes or new production methods (such as ICT, AI and digitalisation), with a requirement for written justification if the employee representative's input is rejected
- Chapter XI on competence development: Requires an annual survey of competence needs in collaboration with employee representatives, where the employer covers the training costs when raising competence is necessary to master new technology
- Chapter XII on control and monitoring: Establishes that the use and development of technology must take place in collaboration between the company and employees, and recommends joint project and working groups when introduced.
Similar provisions can be found in the main agreement with Virke.
The KIC Regulation in brief
The AI Regulation is the EU's regulatory framework for artificial intelligence. It is based on a risk-based approach: The greater the risk an AI solution may have for safety, health or fundamental rights, the stricter the requirements apply. AI used in recruitment or management of employees may be examples of use that must be considered separately.
The AI Regulation has not yet been implemented in Norway. The Government is working to incorporate it into the EEA Agreement and implement it through a Norwegian AI Act. In any case, the Regulation will not replace the rules on the working environment, privacy and co-determination, but supplement these.
Further help
- Want to understand more about what AI is and how it affects the workplace? Take the digital course AI in the workplace – theory for responsible working life
- Read the national guide AI assistants in working life – a practical guide (regjeringen.no)