Legal aspects of artificial intelligence in the employment process

Main Article Content

Helga Špadina


The introduction of artificial intelligence in all domains of life is the most transformative process in recent history. It is also a highly dynamic process, and due to the pace of technological development, a very limited legal framework is available to address issues of human rights, ethics, transparency, privacy, safety and accountability. During the last few years, artificial intelligence started to reshape employment processes. Positive aspects of the introduction of AI in the employment process are efficiency and quality in job matching, digitalisation and acceleration of the process, ability to process large data and match job seekers to available vacancy announcements, the alleviation of administrative burdens of employees of employment agencies and giving them strategic and innovative roles. All these are indispensable in present times when demographic challenges in European countries are leading to increased labour migrations and require changes in the recruitment process. The paper explores the current challenges of AI, i.e. how to achieve human-centred values and fairness of AI use during the employment process, preventing algorithmic bias and discriminatory application of AI tools. In order to harness the maximum benefits of AI, we need to develop a regulatory framework that would be enforceable, inclusive and adaptive (OECD), particularly knowing that most AI solutions are privately owned and developed for commercial purposes.   


Download data is not yet available.

Article Details

How to Cite
Špadina, H. (2023). Legal aspects of artificial intelligence in the employment process. Stanovnistvo, 61(2), 167–181.


Agrawal, A., Gans, J. S., & Goldfarb, A. (2019). Artificial Intelligence: The Ambiguous Labor Market Impact of Automating Prediction. Journal of Economic Perspectives, 33(2), 31–50. DOI:

Broadbent, M. (2021). What’s Ahead for a Cooperative Regulatory Agenda on Artificial Intelligence? Centre for Strategic and International Studies (CSIS). Research report.

Broecke, S. (2023). Artificial intelligence and labor market matching. OECD Social, Employment and Migration Working Papers No. 28.

Chamorro-Premuzic, T., Akhtar, R., Winsborough, D., & Sherman, R. A. (2017). The datafication of talent: how technology is advancing the science of human potential at work. Current Opinion in Be-havioral Sciences, 18, 13–16. DOI:

Dattner, B., Chamorro-Premuzic, T., Buchband, R., & Schettler, L. (2019). The Legal and Ethical Implica-tions of Using AI in Hiring. Harvard Business Review. Accessed 12 December 2023

del Pero, A. S., Wyckoff, P., & Vourc’h, A. (2022). Using Artificial Intelligence in the workplace: What are the main ethical risks? Paris: OECD. DOI:

European Commission (2020). White Paper on Artificial Intelligence - A European approach to excel-lence and trust.

European Commission (2021). Fostering a European approach to Artificial Intelligence. Annexes to the Communication from the Commission to the European Parliament, the European Council, the Coun-cil, the European Economic and Social Committee and the Committee of the Regions.

Grassegger, H., & Krogerus, M. (2017, January 28). The Data That Turned the World Upside Down. Vice.

Hershock, P. D. (2020). Humane Artificial Intelligence: Inequality, Social Cohesion and the Post Pan-demic Acceleration of Intelligent Technology. East-West Center. DOI:

International Labour Office (2017). Future of Work. Inception Report for the Global Commission on Work. Geneva: ILO.

Kosinski, M., Stillwell, D., & Graepel, T. (2013). Private traits and attributes are predictable from digital records of human behavior. Proceedings of the National Academy of Sciences, 110(15), 5802–5805. DOI:

Krämer, C., & Cazes, S. (2022). Shaping the transition: Artificial intelligence and social dialogue. OECD Social, Employment and Migration Working Papers. OECD Library (OECD Social, Employment and Migration Working Papers, No. 279). Paris: OECD. DOI:

Lane M., & Williams, M. (2023). Defining and classifying AI in the workplace. (OECD Social, Employ-ment and Migration Working Papers No. 290).

O’Neil, C. (2016). Weapons of Math Destruction: How Big Data Increases Inequality and Threatens Democracy. New York: Crown Publishing Group.

OECD (2019). Artificial Intelligence in Society. Paris: OECD Publishing. DOI:

OECD (2022). OECD Framework for the Classification of AI systems. Paris: OECD Publishing. DOI:

Peetz, D. (2019). Digitalisation and the jobs of the future. In D. Peetz (Ed.), The Realities and Futures of Work (pp. 83-112). Canberra: ANU Press.

Saidi Mehrabad, M., & Fathian Brojeny, M. (2007). The development of an expert system for effective selection and appointment of the jobs applicants in human resource management. Computers & Industrial Engineering, 53(2), 306–312. DOI:

Sanchez, S. F. (2020). Algoritmo y Discriminacion. Paper for the European Congress of International Society for Labor Law and Social Security Law, Lisabon.