Does India’s existing labour and employment-law framework adequately address the challenges emerging from AI, automation and algorithmic management, or do we need a new legal framework for the AI workplace?
AB My view, existing Indian labour and employment laws are substantially inadequate for workplace AI. The four Labour Codes largely retain earlier approaches to employment protection and do not specifically regulate the use of AI in recruitment, performance assessment, work allocation, disciplinary action or termination.
The Industrial Relations Code’s prohibition of unfair labour practices remains applicable where an employer uses AI to make or implement employment decisions. An employer cannot legitimise victimisation through an algorithmic recommendation. The Second Schedule prohibits dismissal ‘by way of victimisation’ and ‘not in good faith, but in the colourable exercise of the employer’s rights’; it also prohibits ‘disproportionate punishment’ for minor misconduct and...
