AI Supervisor
Rejin Sherzad Ahmed, Mo. 22 Dezember 2025
AI-controlled supervisors - What is your first reaction when you see this image?
- Relief, because you will have less interaction with your human supervisor in the future?
- Concern, because an AI programme will be giving you daily work instructions in the future?
- Or serenity, because you are simply letting developments take their course?
Just a few years ago, it seemed unthinkable that employees would receive instructions from an AI-controlled supervisor. Today, this is no longer just a vision of the future, but increasingly a reality. This raises some interesting legal questions: Is AI even allowed to issue instructions in the sense of labour law? And if so, what challenges does this pose? 🤔
Under German labour law, employers are permitted to issue instructions ‘at their reasonable discretion’ in accordance with Section 106 of the Trade Regulation Act (GewO) – and this is precisely where the problem begins: when drafting this provision, legislators had human superiors in mind, not artificial intelligence. At first glance, therefore, an AI instruction does not appear to be an instruction within the meaning of Section 106 GewO. However, the employer remains the one responsible for the use of AI – both from an employment law and data protection law perspective (GDPR). In addition, the AGG's prohibitions on discrimination must be observed in order to avoid algorithmic discrimination. The AI supervisor is considered a work tool within the meaning of Section 2 (1) BetrSichV, which requires a risk assessment under occupational health and safety law. The works council's right of co-determination in the use of such systems must also be taken into account. In the event of a violation, the employer would most likely be liable.
In the end, we are left with mixed feelings: AI can lead to greater efficiency – provided it is used proactively, correctly and responsibly. Most of us have long since taken AI tools such as ChatGPT for granted, both privately and professionally – life without them seems almost unimaginable.
tags: #AI #labourlaw #en
