What the Regulation names
Annex III names AI systems for allocating tasks on the basis of individual behaviour or personal traits or characteristics, and for monitoring and evaluating performance and behaviour in employment relationships [1]. Those systems are considered high-risk [2], from 2 December 2027 [3].
When yes and when no
It must be an AI system: software that infers from data itself how to generate output [4]. A route planner that distributes trips by address and time window does not allocate tasks on the basis of personal behaviour. A system that weighs an order picker's pace or error margin when distributing work does. An Annex III system without a significant risk can fall outside the high-risk rules [5], but not if it profiles persons [11]. Weighing pace or error margin is profiling: an automated evaluation of performance at work or behaviour [12] [13].
Already now: the works council
For a scheme on facilities suitable for observing or monitoring attendance, behaviour or performance you need the works council's consent [6] [7], and also for a scheme on the processing of personnel's personal data [8].
Already now: no automatic sanctions
If the system itself takes decisions that significantly affect employees, such as automatically scheduling fewer hours after a low score, that touches the right not to be subject to solely automated decisions [9].
From 2027: inform employees
Before you use a high-risk system in the workplace, you inform the workers' representatives and the workers concerned [10].