The Nanterre Judicial Court reminds that the introduction of new technologies in the company requires prior consultation with the Social and Economic Committee (SEC), in accordance with Article L. 2312-8 of the French Labor Code.
Facts:
In this case, the employer had initiated the experimentation of several artificial intelligence (AI) tools through a pilot phase, before considering a wider deployment. However, the management had initiated the consultation of the SEC late, after the start of this test phase.
Considering that this partial implementation constituted an obvious unlawful trouble, the SEC referred the matter to the judge of the summary proceedings in order to obtain the suspension of the project and a provision on the damage suffered.
On its side, the employer argued that the pilot phase was still an experimental phase, and that it was therefore a preparatory act that did not justify any immediate consultation.
Decision:
The Judicial Court ruled in favor of the SEC, ruling that the pilot phase went beyond the simple test stage and was already a first introduction of AI tools into the organization of work. In this respect, it notes in particular that, during this preliminary phase, the AI tools were intended to be used at least partially by all the employees concerned (and, implicitly, not by a small group of employees whose mission was to test these tools).
Consequently, the lack of prior consultation constituted an obvious unlawful trouble. The Court therefore ordered the immediate suspension of the project and imposed a penalty payment of €1,000 per infringement found, as well as a provision of €5,000 on the compensation to be obtained by the SEC on the merits of the case.
Scope:
This decision confirms that the introduction of new technologies in companies, in particular when they are based on AI, requires prior consultation with the SEC, even if it begins with a pilot phase intended to allow employees to test these new technologies.
In its decision, the Court does not seem to take into account the consequences on employees’ working conditions to justify the obligation to consult the SEC, which seems to result only from the introduction of AI tools as new technologies.
In an order dated 15 April 2022, the Pontoise Judicial Court had already made the same analysis concerning a request for an expert by the SEC regarding the introduction of AI software into the company. The Court had indeed ruled that: “The introduction of new technologies into the company alone justifies the use of an expert, without the need to immediately demonstrate any impact on employees’ working conditions.” (Pontoise Judicial Court, 15 April 2022, n°22/00134).
(Nanterre Judicial Court, 14 February 2025, n° 24/01457)
