PortugalLabour Code as Amended by Law 13/2023, Algorithms and Artificial Intelligence in Employment: Articles 106(3)(s), 24(3) and 3(3)(o)
Lei n.º 13/2023 de 3 de abril (Agenda do Trabalho Digno), alterando o Código do Trabalho, arts. 3.º n.º 3 al. o), 24.º n.º 3 e 106.º n.º 3 al. s)
In force since .
An AI sector rules rule binding private bodies.
- Obligation class
- Disclosure
As of .
What it requires
- If you are an employer, give the worker the parameters, criteria, rules and instructions on which algorithms or other artificial intelligence systems are based that affect decisions on access to and retention of employment and working conditions, including profiling and monitoring of professional activity (Article 106(3), point s)).
- Give that information on paper or in electronic form within one month of the start of the contract (Article 107(4)).
- Apply the rules of Article 24 also to decisions you take on the basis of algorithms or other artificial intelligence systems (Article 24(3)).
Who enforces it
Settledness
- As of
- Open questions
- Does 'os parâmetros, os critérios, as regras e as instruções' in Article 106(3)(s) of the Labour Code oblige the employer to disclose a supplier's model design, weights or training data, or only the criteria and weighting the algorithm applies to the worker?
- Does 'que afetam a tomada de decisões' in Article 106(3)(s) reach an algorithm that only supports a decision a manager takes, or only one that decides on its own?
What it makes you log
Logging duty
The provisions require information to the worker and extend an existing rule to algorithmic decisions, and state no duty to keep logs or records of the system.
- Kind
- None
- As of
What this law does
Article 106(3), point s) of the Labour Code, as drafted by Law 13/2023, adds to the information that the employer gives the worker the parameters, criteria, rules and instructions on which algorithms or other artificial intelligence systems are based, where they affect decisions on access to and retention of employment and working conditions, including profiling and monitoring of professional activity.
Under Article 107(4) the information other than the items listed in Article 107(2) is communicated to the worker on paper or in electronic form within one month of the start of the contract. Article 24(3) extends the preceding paragraphs of Article 24 to decisions taken on the basis of algorithms or other artificial intelligence systems.
Article 3(3), point o) adds the use of algorithms, artificial intelligence and related matters, namely in work on digital platforms, to the matters listed in Article 3(3) of the Labour Code. Article 37(1) of Law 13/2023 provides that it takes effect on the first day of the month after its publication. Law 13/2023 was published in the Diário da República on , so it took effect on .
When LexLint raises it
When your app profile says your app makes high-risk automated decisions.