Labour rights and the EU Artificial Intelligence Act: How to get away with high-risk AI

The European Union's Artificial Intelligence Act (AI Act) establishes a regulatory framework that primarily approaches worker protection through the lens of employer obligations in the AI supply chain. This chapter critically examines this approach by analysing employers' legal responsibilities when deploying high-risk AI systems for workforce management, particularly focusing on their dual role as both providers and deployers of these systems.
A central focus is the examination of Article 6(3) derogations and its implications for classifying high-risk AI systems in workplace contexts. Drawing on interdisciplinary research from workplaces utilising AI automation tools, the chapter identifies potential regulatory gaps in the AI Act's effectiveness. While an examination of Article 6's legislative history reveals that the final text of Article 6(3) of the AI Act includes safeguards that mitigate the large-scale classification of high-risk AI, several challenges remain.
The analysis reveals fundamental limitations in the AI Act's approach to workplace AI regulation. Although the Act establishes employer obligations, its heavy reliance on preconditions and product safety-oriented framework fails to adequately address the power asymmetries inherent in employment relationships. The chapter concludes by advocating for supplementary sector-specific policies to better regulate AI-driven workplace management and protect worker interests.