Germany: Does the Works Council Have a Say When Employees Use ChatGPT? No, According to the Labor Court Hamburg
Artificial intelligence (AI) can make work life easier. It is therefore not surprising that companies are keen to utilize the technical possibilities of AI, particularly by means of ChatGPT. However, use of AI in the workplace is accompanied by a large number of unresolved legal issues. From a labor law perspective, one of these questions is whether a works council has a say in the introduction of ChatGPT. In this context, we were able to obtain the first decision on this issue before the Labor Court Hamburg (decision dated 16 January 2024 – 24 BVGa 1/24).
What Was This Case About?
The employer wanted to allow its employees to use generative AI as a new tool to support their work. It published guidelines on the intranet for allowing the use of IT tools with artificial intelligence at work. The tools were used via web browser. If employees wanted to use the tools, they had to obtain a private account (in this case: ChatGPT) at their own expense.
The Group Works Council considered the authorization to use ChatGPT in conjunction with the publication of the guidelines to be a gross violation of its co-determination and participation rights. Among other things, they asked the employer to block ChatGPT and prohibit its use. After the employer refused to do so, the Group Works Council applied for an interim injunction against the employer.
Decision of the Labor Court
The Labor Court rejected the requested interim injunction, stating that the co-determination rights of the Group Works Council had not been violated. The court pointed out that while information and consultation rights must be upheld, there were no co-determination rights regarding the introduction of ChatGPT. Therefore, the applications for injunction were deemed unfounded.
Conclusion
The labor court’s decision signals a positive outcome for both companies and employees. Companies can now create legally secure regulations for the use of ChatGPT, providing employees with assistance and a framework for utilizing generative AI. It is crucial to observe the information and consultation rights specified in labor law. The decision focused on the case where employees used private accounts at their own expense, raising different considerations for company-provided accounts. Further discussions and interpretations by other German courts may follow. However, the decision by the Labor Court Hamburg sets a precedent for future legal arguments and considerations in this area.
