Pérez-Llorca Laboral al Día: New IA labor obligations under discussion

The Labor, Compensation and Benefits area of Pérez-Llorca organized at its Barcelona headquarters the session "New labor obligations regarding Artificial Intelligence", within the framework of the cycle ’Pérez-Llorca Laboral al Día’. The seminar was attended by Manel Hernàndez and Marc París, partner and lawyer of the practice, and Raúl Rubio, partner of Intellectual Property, Industrial and Technology of the Firm.  

The seminar was inaugurated by Manel Hernàndez, who opened the event by introducing the speakers and addressed the main trends that will mark the labor landscape in the coming months. Among them, he highlighted the impact of U.S. tariffs on strategic sectors of the Spanish economy, with special incidence on the labor planning of the affected companies, as well as the worrying upturn in absenteeism. "The 10.5% increase in sick leave due to common contingencies requires companies to combine control measures with respect for workers’ rights," said the Pérez-Llorca partner. In this sense, he proposed a review of temporary disability allowances, as well as the adoption of individualized follow-up policies as preventive tools, always within the legal framework and with full respect for the worker’s privacy.

Mr. Hernández also highlighted the Industry Bill and its regulation on prior notice in the event of loss of industrial capacity. He pointed out that this regulation introduces a specific obligation of prior notice, nine months in advance, to the Secretary of State for Industry and to the Legal Representation of Workers (RLPT) when a company foresees a reindustrialization process. "This obligation affects scenarios such as a 65% reduction in the workforce, 500 layoffs at a site or the loss of 750 jobs in a region. We are talking about a notice that, due to its term, can generate unnecessary rigidities in business decision-making," he explained.

Next, and as usual in the sessions of ’Pérez-Llorca Laboral al Día’, Marc París analyzed the most relevant rulings of the last months. Among them, he highlighted the Supreme Court Ruling of March 5, 2025 on succession of contracts, which prevents companies from avoiding subrogation by means of prior agreed dismissals. "This reinforces the protection of workers against strategies that seek to circumvent the application of Article 44 of the Workers’ Statute," explained Paris.  

In the third part of the day, Raúl Rubio offered a comprehensive view of the new regulatory framework on Artificial Intelligence and its application to the workplace. He began his speech with a reflection on the current context, in which technological progress has overtaken regulatory development. "We are facing a similar scenario to the one we are experiencing with data protection regulations, where technology advances faster than laws, which generates an added complexity when it comes to guaranteeing legal compliance", pointed out the Pérez-Llorca partner. 

In this line, Rubio analyzed in detail the implementation schedule of the Artificial Intelligence Regulation, highlighting August 2, 2025 as a key date, when the sanctioning regime will be fully operational. He explained that the regulation will be rolled out in several phases, starting with the entry into force of the general provisions and prohibited practices in February 2025 and concluding in August 2027 with the implementation of the obligations for high-risk systems. On this point, he stressed that the Regulation has an extraterritorial scope, as it affects both European companies and those operating in the EU market, and uses linked to national security are expressly excluded.

During his speech, Rubio also delved into the regulatory model based on the risk level of AI systems (prohibited, high, medium or low) and its implications in the workplace. "Inferring emotions in work or educational environments will be prohibited, except in cases justified for medical or safety reasons," he warned. In addition, he warned about the seriousness of non-compliance with the obligations imposed by the Regulation, which could result in severe infractions. In this context, he mentioned that the Draft Bill for the Good Use and Governance of AI, currently in the pipeline, will complement the European Regulation and develop the sanctioning regime in Spain. 

To conclude the session, the Firm’s partner highlighted the importance of establishing robust governance models to ensure the ethical and lawful use of AI in organizations. "The key is to clearly define the roles, responsibilities and lines of oversight of all the actors involved. Only in this way will we be able to build solid structures that integrate artificial intelligence into business processes with maximum legal guarantees," he said.

The day ended with a question-and-answer session between the attendees and the speakers, in which the main practical challenges posed by the implementation of the new regulatory framework in human resources and people management policies were addressed.

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