Which topics
For every proposed decision to adopt, amend or withdraw the schemes in Article 27, the employer needs the works council's consent [1]. For AI in HR, two points are mainly relevant: a scheme on the processing and protection of personnel's personal data [2], and a scheme on facilities aimed at or suitable for observing or monitoring attendance, behaviour or performance [3]. 'Suitable for' means that a tool that is not intended for monitoring but makes it possible can also fall under it. Schemes on the appointment, dismissal or promotion policy and on staff appraisal also require consent [4].
For whom, and when not
This concerns schemes for all or a group of the persons employed [5]. Consent is not needed to the extent that the collective labour agreement already regulates the matter in substance [6].
How it works
You put the proposed decision to the works council in writing, with the reasons and the expected consequences for the staff [7]. If you take the decision without consent or the sub-district court's permission, it is void if the works council invokes the nullity in writing within a month [8].
From 2027 also the AI Act
From 2 December 2027, for a high-risk system in the workplace you must also inform the workers' representatives and the workers concerned in advance [9] [10].