Artificial intelligence in labor relations: problems and challenges of legal regulation

The article examines key problems and challenges of legal regulation regarding the implementation of artificial intelligence in labor relations. The relevance of the topic is driven by the rapid development of information technologies and the large-scale implementation of AI systems in production processes, which fundamentally changes the nature and structure of modern labor relations. The COVID-19 pandemic accelerated the digitalization of work processes, shifting a significant portion of work to remote formats and highlighting the vulnerability of the human factor, which intensified the implementation of AI in the labor sphere. The analysis covers various levels of AI application in labor relations: from facilitating routine tasks to completely replacing workers. Special attention is paid to the problem of determining the legal status of AI in labor relations in the context of two main approaches: AI as an object of labor relations (with employer responsibility) and AI as a subject of labor relations (with its own rights and obligations). The article examines the concept of an «electronic person» and its potential impact on labor law, as well as the legal consequences of the emergence of workers with neuroprosthetics and other biotechnological enhancements. The necessity of rethinking the fundamental principles of labor law is explored. The main challenges of integrating AI into labor relations are identified, including mass unemployment, ethical issues, psychosocial risks, and new forms of discrimination. A practical example is the implementation of ChatGPT in recruitment, which already demonstrates effectiveness in creating job descriptions, market research, resume analysis, and other HR processes. A set of measures is proposed for effective legal regulation of AI in labor relations in Ukraine, including conducting state research on the impact of AI on unemployment, determining the legal status of AI, creating a list of irreplaceable professions, establishing quotas for human workers, developing rules for interaction between AI and humans, ensuring protection against discrimination, and addressing psychosocial risks. The research emphasizes that the current labor legislation of Ukraine, formed in the pre-digital era, does not contain adequate mechanisms for regulating labor relations involving or influenced by artificial intelligence technologies, which requires a comprehensive review of existing legal institutions to meet the requirements of digital society.