bouvet@m-win.ch, Tel. +41 (52) 269 21 11
The era of technological revolutions is indeed here. Robotics is currently a growing concern and the number of robots inserted in our industries and workplaces has increased. A legal analysis of impacts of robots (robotisation) at work is essential and you will find an overview below (based on a master thesis).
The society is facing important legal challenges regarding robotisation in our workplace including upcoming issues as Artificial Intelligence (AI), robotisation and digitalisation. Firstly, the definition of a robot is subjective, has changed over the time and classified in different generations. Current robots are considered as objects or machines, but future robots and robotic systems will soon be able to make their own decisions. Can they have a legal personality with rights and duties? How to solve an accident between a robot and a worker or potential negative impacts of robotisation within factories?
We can refer to the “three laws of robotics” (Isaac Asimov, 1942) and ISO Standards, however, the legal framework is weak. According to national, European and international laws, it appears that no concrete legal framework is established to cover potential problems which occur in a workplace and involving a robot. Regarding the impact, robots can be beneficial for workers because they could take over painful or repetitive tasks as in the industrial sector, but they also increase the pace of work leading to work stress and modifying working conditions. Indeed, several cases of robot accidents occured in industries. Morover, a “displacement effect” of our occupations will lead to creation, disappearance and modification of future jobs and required skills. Furthermore, robotic systems and Information and Communication Technologies (ICT) enable and encourage home office. In the context of the health crisis, we can observe indirect effects of home office on work-life balance. Labour law needs to further analyse the issue to provide more safety and to establish minimum standards.
Therefore, there is a real necessity to reassess the legislation because there is a gap between our theoretical laws and the current technological progress. A clear legal framework must be implemented by seeking and considering current impacts to match the constant evolution of new technologies. European law has recently dealt with the subject, in particular on AI. The proposal to regulate AI issues, innovations and associated risks is also adressed to third countries and may concern Swiss businesses. Switzerland’s legal framework regarding new technologies seems appropriate (“Digital Switzerland” strategy), but there are other challenges to consider, inclusive such relating to highly developped robots and AI.
References:
- Proposal for a Regulation laying down harmonised rules on artificial intelligence (Artificial Intelligence Act), EU Commission, 21.04.2021.
- Short summary: EU & KI: EU-Kommission veröffentlicht Entwurf zum Artificial Intelligence Act, Michal Cichocki, 02.05.2021, LawBlogsSwitzerland.ch.
- International Labour Organization, ‘Safety and Health at the Heart of the future of work.’
- Margaret Boden et al., ‘Principles of Robotics: Regulating Robots in the Real World.’
- Master thesis: “Legal Analysis of impact of robotisation in the context of employment”, email to bouvet@m-win.ch
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Note: This article was published on our blog by the Independent law firm Martin Rechtsanwälte GmbH.
