The introduction of Artificial Intelligence (AI) in companies is no longer a thing of the future. From automated decision-making support to intelligent data analysis—AI systems are changing the world of work at a rapid pace. What is often overlooked: in Germany, the works council has a clear say in this matter.

📜 The Legal Basis: Section 87 (6) Works Constitution Act

As soon as AI systems are used that are suitable for monitoring the behavior or performance of employees, the right of co-determination under Section 87 (6) of the German Works Constitution Act (BetrVG) applies. And this is exactly where the works council comes in: it must approve the introduction and use of such systems—and for good reason.

🎯 Goal: Protection, Transparency, and Co-determination

Works councils use so-called works agreements on AI systems to create a clear, standardized framework for their use. The goal is to promote trust, protect rights, and help shape the technology in the interests of the employees. It’s not about rejecting technology but about its responsible use—in compliance with legal requirements, ethical standards, and in the spirit of a cooperative partnership.

🛡️ What Works Councils Specifically Want to Regulate Regarding AI

AI systems bring new questions and risks, especially when they access employee data or influence decisions. Works councils therefore pay attention to the following key points:

• 🔍 Transparency & Traceability

  • What data does the AI collect?

  • How do the algorithms work—at least on an understandable level?

  • Can employees review and question the AI’s decisions?

• 👤 Protection of Personal Rights

  • No collection of sensitive information (e.g., emotions, health data, political attitudes).

  • Clear rules for data processing in accordance with GDPR.

  • No „secret“ performance or behavior monitoring.

• ⚖️ Human Control & Responsibility

  • Personnel decisions (e.g., terminations, performance reviews) must not be automated.

  • Works councils demand that people, not machines, make the final decisions.

• 🧠 Training & Qualification

  • Does the system require new knowledge or different skills?

  • What support do employees receive during the introduction?

• ⚠️ Risk & Impact Assessment

  • How strongly does the system interfere with daily work?

  • Joint assessment with the employer according to a staged risk model.

  • Therefore, consider these points when you start discussions with your works councils.

🤝 Shape Technology—Don’t Suffer It

AI can be a powerful tool if it is used responsibly. Works councils play an important role as creators, reviewers, and partners. They ensure that the use of AI not only serves company goals but also the people within the company.

The future doesn’t belong to technology alone—but to the collaborative shaping of technology with people.

🔗 Discussion welcome! How is your company dealing with AI? Are there already works agreements or initial approaches? I look forward to your experiences and assessments in the comments!