Studia Prawnicze. Rozprawy i Materiały / Studies in Law: Research Papers

Abstract

The dynamic development of generative artificial intelligence tools is significantly transforming the manner in which work is performed, particularly in intellectual and creative labour. In practice, questions frequently arise as to whether content generated with AI can be regarded as the employee’s “own work” and what legal consequences follow within an employment relationship. The aim of this article is to analyse this issue from a labour law perspective, accounting for employee liability, copyright intersections, and constitutional and ethical aspects of workplace AI deployment.

The study adopts a dogmatic-legal method, combining linguistic, systemic, and functional statutory interpretation with an analysis of European soft law standards and the AI Act. The findings demonstrate that AI-assisted content cannot be automatically identified as the employee’s own work; its legal qualification requires a case-by-case assessment of the employee’s actual decision-making input and control over the result. Furthermore, copyright analysis reveals that much AI-generated content may fail to meet the threshold of a “work,” creating tension between employee liability and authorship concepts.

The article concludes that while AI does not eliminate the personal nature of work, unannounced automation risks blurring responsibility. De lege ferenda, the author advocates for establishing transparent internal workplace regulations regarding AI usage, aligning employee autonomy with accountability under constitutional standards.

The dynamic development of generative artificial intelligence tools is significantly transforming the manner in which work is performed, particularly in intellectual and creative labour. In practice, questions frequently arise as to whether content generated with AI can be regarded as the employee’s “own work” and what legal consequences follow within an employment relationship. The aim of this article is to analyse this issue from a labour law perspective, accounting for employee liability, copyright intersections, and constitutional and ethical aspects of workplace AI deployment.

The study adopts a dogmatic-legal method, combining linguistic, systemic, and functional statutory interpretation with an analysis of European soft law standards and the AI Act. The findings demonstrate that AI-assisted content cannot be automatically identified as the employee’s own work; its legal qualification requires a case-by-case assessment of the employee’s actual decision-making input and control over the result. Furthermore, copyright analysis reveals that much AI-generated content may fail to meet the threshold of a “work,” creating tension between employee liability and authorship concepts.

The article concludes that while AI does not eliminate the personal nature of work, unannounced automation risks blurring responsibility. De lege ferenda, the author advocates for establishing transparent internal workplace regulations regarding AI usage, aligning employee autonomy with accountability under constitutional standards.