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AI systems used in employment, workers management and access to
self-employment, in particular for the recruitment and selection of persons, for making
decisions affecting terms of the work-related relationship, promotion and termination of
work-related contractual relationships, for allocating tasks on the basis of individual
behaviour, personal traits or characteristics and for monitoring or evaluation of persons in
work-related contractual relationships, should also be classified as high-risk, since those
systems may have an appreciable impact on future career prospects, livelihoods of those persons
and workers’ rights. Relevant work-related contractual relationships should, in
a meaningful manner, involve employees and persons providing services through platforms as
referred to in the Commission Work Programme 2021. Throughout the recruitment process and in the
evaluation, promotion, or retention of persons in work-related contractual relationships, such
systems may perpetuate historical patterns of discrimination, for example against women, certain
age groups, persons with disabilities, or persons of certain racial or ethnic origins or sexual
orientation. AI systems used to monitor the performance and behaviour of such persons may also
undermine their fundamental rights to data protection and privacy.
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