USING ALGORITHMS IN PERSONNEL RECRUITMENT: SOME IMPLICATIONS IN LABOUR LAW
USING ALGORITHMS IN PERSONNEL RECRUITMENT: SOME IMPLICATIONS IN LABOUR LAW

Summary/Abstract: Recruitment algorithms, far from eliminating potential subjective behaviours of human recruiters, risk perpetuating certain discriminatory practices and excluding candidates from the ranks of persons with disabilities or from ethnic, racial, and sexual minorities who do not fit the profile of the already established "ideal candidate" within the employing firm. The study explores the causes of this concerning phenomenon, manifested both during pre-contractual stages and throughout the course of employment relationships. We began by identifying existing European legislation in the field to further seek solutions regarding the risk of discrimination, as well as the risk of intrusion into the private lives of workers posed by the use of algorithmic management. One of the main issues brought about by the use of recruitment algorithms is the difficulty not only in demonstrating but also in understanding the criteria they employ, which often are completely lacking transparency. Even in the presence of a right to information during recruitment, as enshrined by Directive 1152/2019 on transparency and predictability of working conditions in the European Union, such a right becomes devoid of substance if the information provided is generally unintelligible or specifically unintelligible to the subject of the right to information. In this context, the concept of "explainability" of the algorithms used becomes relevant, referring to the ability to explain how a specific decision was made by artificial intelligence.

• Details
• Contents