Betriebsverfassungsgesetz (BetrVG) Sections 80(3), 90(1) No. 3 and 95(2a), Works Council Rights on the Use of Artificial Intelligence

Section 90(1), point 3 of the Betriebsverfassungsgesetz requires the employer to inform the works council in good time, with the necessary documents, about the planning of work procedures and work flows, including the use of artificial intelligence. Under section 90(2) the employer must discuss the intended measures and their effects on the employees with the works council early enough that the works council's proposals and concerns can be taken into account in the planning.

Section 95(1) makes guidelines on personnel selection for hirings, transfers, regroupings and dismissals subject to the works council's consent. Section 95(2a) applies subsections 1 and 2 also where artificial intelligence is used in drawing up those guidelines. Section 80(3) treats calling in an expert as necessary where the works council must assess the introduction or application of artificial intelligence to carry out its tasks.

Works councils are elected in establishments that regularly have at least five permanent employees entitled to vote, of whom three are eligible for election. The Act does not apply to administrations and establishments of the federal government, the Länder, the municipalities and other public-law corporations, institutions and foundations.