Artificial intelligence

Artificial intelligence: should we make our employees proficient through obligation or encouragement?

It is now clear that the use of rapidly developing artificial intelligence (AI) technology can provide businesses with a key competitive advantage. As a direct consequence, in order to exploit AI systems to the fullest extent possible, it has become an important goal for businesses to ensure that their employees have the opportunity to acquire AI skills. In fact, the EU AI Act specifically requires companies using so-called high-risk AI systems to provide their employees with the basic knowledge necessary to use artificial intelligence (known as AI literacy). AI literacy refers to the basic knowledge that may be necessary for the informed, safe, and responsible use of artificial intelligence systems, including, for example, the basic principles of how AI technologies work, the recognition of potential risks, and the conscious handling of ethical and legal dilemmas. Failure to make the right decisions due to a lack of this knowledge can have serious legal consequences and damage a company's reputation.

In this article, we explore the tools available to employers to require or encourage their employees to acquire AI skills.

Employer's right to give instructions

According to the Labor Code, employers are obliged to provide the conditions necessary for work. Providing the conditions necessary for work also includes providing training and information without which the tasks associated with the job cannot be performed. Since the use of AI technology is now necessary for certain jobs, AI literacy can be considered rapidly changing knowledge that is integral to performing such jobs. If training or further training is related to the performance of the employee's job and provides new knowledge, the employer may instruct the employee to complete the training by means of a unilateral statement, and such an instruction will not be contrary to the employment requirements under the employment contract (job description). In this case, the time spent on training is considered (regular or extraordinary) working time, and the employee is entitled to salary for the duration of the training. The costs of such a mandatory training ordered by the employer are borne entirely by the employer, and the employer is not entitled to reclaim them under any circumstances.

If the employee refuses to comply with the instruction to continue the training without a legitimate reason, this constitutes a breach of his employment obligations, as compliance with the instruction is a fundamental obligation arising from the employment relationship, and failure to comply with it may result in the employer applying adverse legal consequences or even terminating the employee's employment relationship, provided that the legal conditions are met. In order to avoid disputes, it is advisable to set out the possible sanctions and the circumstances in which they may be applied in an internal policy of the employer.

Study contract

The employer and the employee may also agree that the employee will undertake some form of training or further education. In this case, the agreement with the employer may be, for example, a study contract regulated by the Labor Code, in which the employer undertakes to provide support during the studies, and the employee undertakes to pursue the studies specified in the agreement and, after obtaining the qualification, not to terminate their employment by unilateral notice for a period proportional to the rate of support received, but not exceeding five years. In this case, the employee undertakes to maintain their employment in exchange for financial or other support from the employer to their studies. If the employee violates this obligation, the employer may reclaim the support provided for the studies. It is important to emphasize that if the studies are ordered by a unilateral instruction of the employer, no study contract may be concluded. The study contract is therefore not a tool to order mandatory training, but rather an incentive to complete some kind of education, which promotes workforce development and retention by offering mutual benefits to both the employer and the employee.
The type of studies supported by the employer under the agreement may vary, so the parties may stipulate in the study contract the pursuit and successful completion of any type of study aimed at acquiring any qualification, degree, or skill. The support provided by the employer can also take several forms: the employer may bear the direct costs of the training, exempt the employee from their availability and work obligations for the duration of the training, or grant the employee so-called study leave.

The question of whether an employer can require an employee to complete MI training or whether it is more appropriate to provide some form of incentive to ensure that employees acquire MI skills and the employer can maintain its competitiveness by adapting to rapidly changing circumstances, must be examined on a case-by-case basis. Due to the number of factors to be examined (e.g., the specific job, the circumstances of the employee and the employment relationship, the employer's industry, and the applicable legal environment) and the complexity of the regulations, it is strongly recommended to consult with a labor law expert to explore the legal options available to the employer. After that, the solution that best serves the parties' objectives can be selected and implemented.