工作领域的人工智能:法律监管的问题与前景

R.Ya. Butynska
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引用次数: 0

摘要

文章探讨了数字化转型对劳动关系法律规范发展的影响。作者从数字技术发展的角度分析了当前劳动关系法律调节的新特点。文章就数字化对劳动关系发展的影响发表了劳动领域和其他法律领域顶尖科学家的观点,并对执法实践进行了分析。还探讨了人工智能的潜在应用领域,以及在人工智能的帮助下实现许多生产流程自动化的可能性,预计这将提高产品质量和生产速度。在国家进口替代政策需求日益增长的时期,这些问题变得尤为重要。文章分析了欧洲国家使用人工智能的经验,因此对乌克兰和外国使用人工智能的现行立法进行了比较分析。文章区分了人工智能在工作领域的几种可能参与程度:工作便利化、劳动自动化、员工赋权、完全取代员工。与此同时,招聘人员也注意到 ChatGPT 在他们工作中的个人使用效果,特别是:创建有吸引力的职位描述;市场调研:竞争对手、薪酬、需求等;准备面试问题;与候选人沟通:通信、处理异议、敏感反馈;搜索候选人:资源建议、创建布尔查询(使用特殊运算符搜索网页)、选择关键字;简历分析:识别关键字以评估候选人的技能;向招聘经理介绍候选人。强调了现代社会对人工智能 "不敢接受 "的原因。强调了对这一问题进行进一步理论研究的重要性,这将有助于有效保护和保障公民的权利和自由。结论是,在广泛引入人工智能之前,值得在国家层面对失业问题以及在工作领域使用人工智能从而减少全国数百万个工作岗位的社会经济后果进行研究。人工智能的实施会使国家失去稳定的社会局势吗?劳动关系不仅与个人密不可分,还与雇员养家糊口的能力息息相关。在用人工智能控制的机器人取代工人的情况下,失业率可能会达到巨大的比例,由于一个人将处于寻找满足其对食物和住所的自然需求的阶段,国家的犯罪率将不可避免地增加。因此,国家在制定法律、经济和社会战略以解决与 "技术性失业 "有关的问题时必须有明确的立场。因此,现在有必要制定一份人工智能无法替代的职业和岗位清单,明确机器人与人之间的互动规则(秩序),特别是在自由职业的情况下,在一些企业中,可以为人占据的位置设定配额。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Artificial intelligence in the field of work: problems and prospects of legal regulation
The article examines the impact of digital transformation on the development of legal regulation of labor relations. The author analyzes current novelties of legal regulation of labor relations through the prism of the development of digital technologies. The opinions of leading scientists in the field of labor and other fields of law are given regarding the impact of digitalization on the development of labor relations, and law enforcement practice is analyzed. The potential areas of application of artificial intelligence are considered, as well as the possibilities of automating many production processes with the help of artificial intelligence, which is expected to lead to an increase in product quality and production speed. These issues become especially relevant in the period of growing needs of the state's import substitution policy. The article analyzes the experience of the use of artificial intelligence by European countries, therefore a comparative analysis of the current legislation on the use of artificial intelligence in Ukraine and foreign countries is carried out. Several possible levels of involvement of AI in the field of work are distinguished: work facilitation; labor automation; employee empowerment; full replacement of the employee. At the same time, recruiters note the effectiveness of individual use of ChatGPT in their work, in particular: creation of attractive job descriptions; market research: competitors, salaries, demand, etc.; preparation of interview questions; communication with candidates: correspondence, working with objections, sensitive feedback; search for candidates: advice on resources, creation of Boolean queries (search for web pages using special operators), selection of keywords; resume analysis: keyword recognition to assess the candidate's skills; presentation of the candidate to the hiring manager. The reasons for the «fear of acceptance» of artificial intelligence by modern society are highlighted. The importance of further theoretical studies of this issue, which will contribute to the effective protection and protection of the rights and freedoms of citizens, is emphasized. It was concluded that before the widespread introduction of artificial intelligence, it is worth conducting a study at the state level on unemployment and the socio-economic consequences of the use of artificial intelligence in the field of work, thereby reducing millions of jobs across the country. Will the implementation of AI cost a stable social situation in the country? Labor relations are not only inextricably linked with the individual, but also with the employee's ability to provide for his family members. In the case of replacing workers with robots controlled by artificial intelligence, unemployment can reach huge proportions, due to which crime in the country will inevitably increase, as a person will be in the stage of finding satisfaction of his natural needs for food and shelter. Therefore, it is important that the state has a clear position on the formation of legal, economic and social strategies to solve problems related to «technological unemployment». So now it is necessary to create a list of professions and positions that cannot be replaced by artificial intelligence, to define clear rules (order) of interaction between robots and people, in particular in the case of freelance situations, and in some enterprises, it is possible to set quotas for places occupied by people.
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