Artificial Intelligence in Labour Relations: Is Ukrainian Labour Law Ready for European Standards?

Abstract

This article aims to carry out a comparative analysis of the regulation of AI use in labour relations in Ukraine and the EU, with a view to identifying common trends and differences and formulating recommendations for enhancing Ukrainian legislation in the context of digitalization. The study uses methods of comparative analysis and formal legal and functional approaches. It analyses the main aspects of AI application in labour relations, in particular in recruitment, personnel management, management decision-making, and the protection of employees’ personal data. The authors examine the main international and EU regulations (GDPR and AI Act) that set requirements for processing the personal information of employees using AI. Thus it is determined that Ukraine does not have a specialized legal framework for regulating such processes, while the EU is developing relevant standards which guarantee the transparency of algorithms, the protection of employees’ rights, and the ethical use of digital technologies. Consequently, the authors suggest a conceptual model of the regulation of AI application in the labour sphere, which covers the basic principles, stages of interaction, risk classification, subject–object relations, and institutional control mechanisms. The presented model may serve as a basis for developing a Ukrainian law on AI use in labour relations.