SpainEstatuto de los Trabajadores Article 64.4.d), Algorithmic Management Works Council Information Right
Ley 12/2021 de 28 de septiembre, articulo unico.Uno, inserting art. 64.4.d) into the Texto Refundido de la Ley del Estatuto de los Trabajadores (Real Decreto Legislativo 2/2015) (BOE-A-2021-15767)
In force since .
An AI sector rules rule binding private bodies.
- Audit expectation
- none
What it requires
- Inform the works council of the parameters, rules, and instructions on which any algorithm or AI system that affects decisions on working conditions, access to employment, or continued employment is based, including any profiling, per Estatuto de los Trabajadores Article 64.4.d).
These lines are LexLint's reading of the law's text. Also read by: Ministerio de Trabajo y Economía Social (guidance, recorded ).
In the frameworks
- NIST AI RMF
- MEASURE 2.9The AI model is explained, validated, and documented, and AI system output is interpreted within its context – as identified in the MAP function – to inform responsible use and governance.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Settledness
The guide is dated May 2022 and was prepared by an expert commission for the Ministry of Labour. It reads the works council's right to cover an algorithm used only as support for a decision a person takes, and says that the right is not a duty to hand over the source code.
- As of
- Guidance link
- https://www.lamoncloa.gob.es/serviciosdeprensa/notasprensa/trabajo14/Documents/2022/100622-Guia_algoritmos.pdf
- Guidance body
- Ministerio de Trabajo y Economía Social
- Open questions
- Does 'parámetros, reglas e instrucciones' in Article 64.4.d) oblige the company to give the works council the training and validation data of the algorithm, as the Ministry's guide reads 'instrucciones', or only the variables and their relative weight?
- Does 'con la periodicidad que proceda en cada caso' in Article 64.4 require the company to inform the works council before it first uses the algorithm and on every change in its variables or parameters, as the Ministry's guide reads it?
What it makes you log
What the log must hold
Decision basis
Logging duty
The company cannot inform the works council of the parameters, rules and instructions an algorithm or AI system is based on without documenting what those parameters, rules and instructions are, and that documentation persists for as long as the same system continues to affect working conditions, access to employment or continued employment, unlike a one-off notice tied to a single transaction. The article states no retention period. The party entitled to the information is the works council (comité de empresa).
- Kind
- Implicit
- As of
- Provision
- Estatuto de los Trabajadores Article 64.4.d), as inserted by Ley 12/2021
- Trigger
- automated_decisions
What this law does
A works council has the right to be informed by the company of the parameters, rules, and instructions on which an algorithm or artificial intelligence system that affects decisions on working conditions, access to employment, or continued employment is based, including profiling, per new Article 64.4.d) of the Estatuto de los Trabajadores. The obligation first applied under Real Decreto-ley 9/2021, which entered into force on .
Ley 12/2021, which came from the parliamentary processing of that decree-law, tacitly replaced it and carries the same Article 64.4.d) text forward.
When LexLint raises it
When your app profile says your app makes employment decisions.
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