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Ask what workplace tools collect, how they influence shifts and performance decisions, and who can review or correct their output. A system may use AI, another kind of algorithm, or simpler automation; ask what it actually does rather than relying on the label your employer uses. Choose the questions relevant to your job and raise them in a meeting, through a worker representative or HR, or in writing so you can refer back to the answers.
Your legal rights depend on where you work, your employment status and sector, and any applicable collective agreement. The questions below are preparation prompts, not a claim that every worker has a right to every record, explanation, appeal, or schedule notice. If an answer could affect a legal claim or deadline, check the rules for your location with an appropriate worker-support service, union, or regulator.
First, find out whether a system is involved
“AI at work” can mean more than a chatbot. The European Commission Joint Research Centre (JRC) uses algorithmic management for computer-programmed procedures that coordinate work. They may use AI or not, and can assign shifts, deliver instructions, assess workers, or allocate rewards and penalties.
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In its AIMWORK survey, which gathered data in 2024–2025 across EU Member States, the JRC reported that one third of workers said they used AI for work-related purposes. The JRC also described time monitoring as the most common form of digitally enabled monitoring and automated allocation of work—including assigning shifts or working time through a digital device—as the most common form of algorithmic management. These are survey findings and rankings, not a claim that a particular employer uses these systems or that the rankings apply everywhere.
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- Updated Compliance: While the new rule takes effect on 7/19/2024, training and compliance dates don’t start until 1/19/2026, giving your team ample time to prepare with this thorough guide to OSHA regulations (29 CFR 1910.1200(j)).
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- “Do we use an AI system, algorithm, or automated tool to monitor work, assign shifts, or evaluate performance?”
- “What is the tool called, who provides it, and what job-related purpose does it serve?”
- “Does it make recommendations, or can its output change my schedule, rating, pay, opportunities, discipline, or continued employment?”
- “Who at the company is accountable for the system and for decisions made using its output?”
These questions clarify both what the system does and what consequences it can have. That distinction matters: under the EU AI Act, specified AI uses affecting work terms, promotion or termination; allocating tasks based on individual behaviour or personal traits; or monitoring and evaluating performance and behaviour are listed as high-risk employment uses. Whether a particular system falls into that category depends on its intended use and the applicable rules. The Act requires employers deploying a high-risk AI system in the workplace to inform affected workers and their representatives before use.
What to ask about monitoring and your data
Workplace monitoring can involve more than time clocks. The U.S. Equal Employment Opportunity Commission (EEOC) gives examples that include monitoring how long a task takes, tracking location, analyzing facial expressions or voice, monitoring email, keystrokes or cursor activity, and using customer surveys. Those examples identify possible practices; they do not establish how common any individual practice is.
- “What information does the tool collect about me or my work—for example, location, task time, messages, keystrokes, audio, video, or customer feedback?”
- “When does collection start and stop? Does any monitoring happen outside my working time?”
- “What is the information used for, who can access it, how long is it kept, and is it shared with a vendor or another organization?”
- “How can I see information about me and ask for an inaccurate record or missing context to be corrected?”
Ask for the relevant written policy or notice if one exists. These are useful questions, not a guarantee that every worker has a particular inspection, correction, or deletion right. Specific rules may apply in particular settings: for example, the EU Platform Work Directive has information, transparency, data-processing, oversight, and review provisions for covered digital labour platforms. It should not be treated as a general rule for every ordinary employment relationship; national implementation and the worker’s status matter.
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- “Does a system recommend or set my shifts, hours, work pace, or task assignments?”
- “What factors does it use, such as my availability, preferences, seniority, past performance, or predicted demand?”
- “How far ahead will I receive a schedule, and how will a change or cancellation be communicated?”
- “Who can correct a schedule that conflicts with my availability, an approved accommodation, or the hours I actually worked?”
Automated shift and work allocation are documented examples of algorithmic management, but there is no universal notice period or right to refuse a shift established here. Verify any such entitlement for your location, sector, and employment arrangement.
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For covered U.S. work, the Department of Labor’s Wage and Hour Division explains that employers use AI for timekeeping, productivity measurement, scheduling, task assignment, and HR. Federal wage-and-hour requirements continue to apply across remote, hybrid, and onsite settings. A productivity score or automated timekeeping record does not, by itself, determine whether every hour worked has been counted or paid.
What to ask about performance scores
- “What does the score measure, and what does it leave out?”
- “Which data and time period contribute to it? Does it account for differences in duties, equipment, customer mix, assignments, or working conditions?”
- “Can I see the information and criteria behind an individual result, and what is the process to correct a mistake?”
- “Can a score by itself affect a review, promotion, pay, hours, discipline, or termination?”
- “Who reviews a disputed score, and does that person have authority to change the result?”
A score may be one input or may influence a consequential decision; ask which applies rather than assuming. In the United States, existing federal discrimination protections can apply when an employer uses AI in decisions involving matters such as promotion, pay, layoffs, or termination, according to the EEOC. That does not mean every score is unlawful or that a particular appeal route is guaranteed.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Ask how people check decisions and handle accommodations
- “Which decisions require a person to review the system’s recommendation before action is taken?”
- “How does the employer check whether the tool works for this job and whether it disadvantages particular groups?”
- “How can I request an accessible alternative or reasonable accommodation?”
- “Who can I contact if I think a decision is wrong, discriminatory, or based on inaccurate information?”
EEOC and Department of Justice materials identify disability-related risks: a tool may screen out people with disabilities, fail to accommodate them, or lead to prohibited disability-related inquiries. You can ask about accessibility and the accommodation channel without disclosing more medical information than is necessary to the appropriate process.
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Where to raise a concern and what to keep
- “Is there a written policy or notice describing this tool?”
- “Can I discuss it with a union, worker representative, works council, or safety representative?”
- “What internal process handles a correction or complaint, and which outside regulator or worker-support service covers my location?”
If you raise the issue, keep your own notes of the tool or decision involved, the date, the effect on your work, and the response you receive. Use an appropriate workplace channel and avoid copying confidential company or customer information into personal files. For discrimination concerns in the United States, the EEOC’s worker materials identify the agency and its Public Portal. Complaint routes and deadlines depend on jurisdiction and claim type, so check them promptly rather than assuming one general deadline.
A short way to start the conversation
You do not need to ask every question at once. A neutral opener can keep the discussion specific: “I’m trying to understand how our scheduling and performance processes work. Could you tell me which tools are involved, what information they use, and how I can correct a result that doesn’t reflect my work?” Then follow up on the consequences that matter most in your situation—such as hours, pay, performance reviews, or accommodation—and ask where the policy or answer is documented.
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