Margarita Egiazarova on the use of AI in HR solutions for Pravo.ru

Pravo.ru published an article titled “AI in HR Solutions: How Employers Can Avoid Violating Employees’ Rights”, which analyzes rapid introduction of neural networks in HR processes – from resume screening to performance evaluation – and the associated labor, discrimination, and reputational risks that arise when algorithms begin to influence HR solutions.

In this article, Margarita Egiazarova, Partner and Head of the Labour Law Practice at ALRUD, PhD in Law, analyzed in details the legal aspects of bringing employees to disciplinary responsibility for improper use of artificial intelligence, and also highlighted the critical risks of disclosing trade secrets and personal data through third-party services.

According to the expert, in the absence of a specific internal policy, it will be virtually impossible to hold an employee liable specifically “for using AI”. In such situations the employer may only refer to the employee’s general obligations: to perform his/her work in good faith, to maintain workplace discipline, and to ensure high-quality results. Margarita clarified that although this does not exclude disciplinary responsibility for a badly drafted document, the lack of clear regulations makes the imposition of sanctions much more risky for the company.

“An exceptional situation is the use of AI in violation of confidentiality regime, trade secrets, and personal data regulations. In this case, the basis for responsibility will no longer be a low-quality document, but a violation of the protected regime. Should such a violation be proven, dismissal is possible as a result of a single gross violation of workplace discipline, subject to the properly documented information security regulations and compliance with the procedure for bringing to disciplinary responsibility," Margarita emphasizes.

The full text of the article is available on Pravo.ru portal at the link.