Artificial Intelligence and Social Dialogue: The Works Council Must Be Informed and Consulted

The Digital Transformation Requires New Legal Reflexes

The digital transformation of companies is accelerating, driven by the rise of artificial intelligence (AI).
This technological revolution, promising in terms of productivity and process optimization, also creates new legal obligations, particularly regarding social dialogue.
A recent decision by the Judicial Court of Nanterre (summary proceedings order dated 14 February 2025, No. 24/01457) highlights the importance of involving employee representatives at an early stage when deploying new AI tools.

A Pilot Phase Deemed as an Implementation

The Facts: A “Simple Pilot Phase” Launched by the Employer to Implement AI

In this case, a company launched a pilot phase to test several applications incorporating AI, notably in human resources management and the automation of certain administrative tasks.
Although the works council (CSE) consultation process had been initiated, it was not completed when the experimentation began.

Seized by the CSE, the summary proceedings judge considered that this pilot phase already constituted an actual implementation of the tools, thus requiring prior consultation with the CSE, in accordance with Article L.2312-8 of the French Labour Code, which states:

“The committee is informed and consulted on matters concerning the organisation, management and general operation of the company, including: (…)
3° Employment conditions, working conditions, including working hours, (…) ;
4° The introduction of new technologies, any major changes affecting health, safety, or working conditions; (…)”

Key Points Highlighted by the Tribunal

• Access to one of the applications had been opened to all employees.
• Training sessions on the use of these tools had already been organized.
• Usage was effective, even if only partial.

The Tribunal therefore suspended the project until the consultation was completed and ordered the employer to pay damages to the CSE for the harm suffered.

Social Dialogue and AI: What Are the Stakes for Companies?

The integration of AI now affects a wide range of projects:

• HR tools: automatic evaluation software, AI-assisted recruitment.
• Automation: invoice processing, standard email responses.
• Logistics optimization: smart planning of production flows.

These transformations often modify working conditions, the skills required, and can impact employees’ health and safety.

Thus, particular vigilance is required to comply with information and consultation obligations and to anticipate social risks.

Points of Vigilance for Employers

To avoid legal obstacles during the deployment of AI projects:

• Inform stakeholders: this includes preparing educational communication for elected representatives and employees.
• Do not underestimate pilot phases: simple experimentation involving employees may be considered an implementation.
• Plan early: the consultation process must be initiated from the very first stages of the project.
• Document the process: specifying the scope of the test, the employees concerned, and the objectives pursued.

What Approach Should Companies Anticipate for the Future?

The issue of AI in the workplace is already attracting increasing attention from regulatory authorities:

• The CNIL reminds that the use of AI tools must respect principles of transparency and proportionality.
• The European Parliament adopted the AI Act in 2024, introducing new obligations for AI systems used in professional settings.

Thus, companies should anticipate stricter controls on the impact of AI on employees and an expansion of matters subject to mandatory consultation.

Conclusion: Prudence and Anticipation Are Essential

The order from the Judicial Court of Nanterre reflects a clear trend:
A company introducing new technologies, even experimentally, must involve its works council (CSE) from the earliest stages.

When it comes to artificial intelligence, testing already means implementing.

Planning to Integrate AI into Your Processes?

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