Workplace Relations Commission Role under the EU AI Act
This information is intended to help members of the public understand likely issues concerning the Workplace Relations Commission’s role as a Market Surveillance Authority (MSA) under the EU Artificial Intelligence Act (2024), particularly where AI systems are used in employment, recruitment and workplace decision-making.
The Regulation of Artificial Intelligence Act (2026), which became law on 21 July, 2026, gives further effect to the EU Artificial Intelligence Act (2024), and will be supplemented by additional legislation in the coming months that will provide for supervision and enforcement powers for the Workplace Relations Commission (WRC) as a MSA for certain purposes of the EU AI Act 2024.
The European Union (Artificial Intelligence) Regulations 2025 (S.I. No. 366 of 2025), (as amended) designates the WRC as a market surveillance authority for certain purposes of the EU AI Act (2024).
The WRC is one of 15 national competent authorities in line with the Government’s adoption of a ‘distributed model’ to implement the EU AI Act (2024). As an MSA, the WRC will have certain functions and powers under the legislation which are set out in more detail below.
PLEASE NOTE: Separate to workplace rights and obligations, if you wish to contact the WRC as a MSA under the EU AI Act (2024), you must submit a query using the Irish AI Office’s Contact Form. To access this form and for information on regulation of Artificial Intelligence under the EU AI Act (2024) please consult the AI Office’s website - AI Office of Ireland Contact Form.
1. General Questions
(a) What is the EU AI Act?
The EU AI Act (2024), (2024 Act) is a European Union regulation that establishes rules for the development, placing on the market and use of artificial intelligence systems. It takes a risk-based approach, with stricter requirements for AI systems that may affect people’s health, safety or fundamental rights.
(b) Why is the WRC relevant to the AI Act?
The WRC has been designated a MSA under the 2024 Act. It is relevant because the 2024 Act treats many AI systems used in employment, recruitment and worker management as high-risk. These can include systems used to screen job applications, rank candidates, allocate tasks, monitor performance, make promotion-related assessments, or support decisions about employment terms. In addition, the WRC has a specific market surveillance role in relation to certain prohibited AI practices in the workplace, including AI systems that infer the emotions of workers or job applicants, except in the limited circumstances permitted under the AI Act. Ireland is implementing the AI Act through a distributed regulatory model, meaning different competent authorities will have roles in the different sectors or areas of the economy.
(c) Is the WRC the only body responsible for AI regulation in Ireland?
No. Ireland’s approach involves a number of competent authorities, with coordination through a national single point of contact and, in due course, central coordination arrangements. The WRC’s role focuses on employment-related AI issues that fall within its remit, while other regulators will deal with areas such as data protection, consumer protection, health and safety, financial services or sector-specific product safety.
2. Employment and Workplace AI
(a) What kinds of workplace AI systems will be covered?
Workplace AI systems can be covered where they are used for recruitment, selection, interview screening, shortlisting, work allocation, performance monitoring, promotion decisions, termination-related decisions, or other decisions that may affect a person’s employment or access to work.
(b) Does the AI Act ban employers from using AI?
No. The AI Act does not ban all use of AI in the workplace. Instead, it sets rules depending on risk. Some uses will be prohibited, some will be classified as high-risk and subject to strict obligations, and other lower risk uses will be subject to transparency and other limited requirements.
(c) What workplace AI practices are prohibited?
Practices prohibited involve AI systems that infer emotions of a natural person in the workplace.
3. Public Questions About Complaints and Rights
(a) Can a worker complain to the WRC about an employer’s use of AI?
Workers are already able to bring a complaint to the WRC where the facts relate to an individual and involve employment rights, equality, discrimination, dismissal, penalisation or other matters within the WRC’s existing jurisdiction. If AI was used as part of the decision-making process, the AI-related facts may be relevant to the complaint. The exact route will depend on the legislation involved and the nature of the alleged breach.
In contrast an AI Act complaint triggers Market Surveillance Authority oversight to enforce systemic compliance and safety rules across the market. It does not resolve individual dispute, provide direct remedies or compensation for specific individual harm. The relevant form for submitting a complaint under the EU AI Act can be accessed here: AI Office of Ireland Complaint Form
(b) Will the WRC investigate every AI-related concern?
No. Some AI-related concerns may fall within another MSA’s remit, such as data protection, consumer protection, product safety, health and safety, financial services or public-sector oversight. Where a matter crosses more than one area, coordination between competent authorities and the AI Office of Ireland may be required.
(c) If I think AI was used unfairly in recruitment, what should I do?
You should keep records of the recruitment process, job advertisement, communications, assessment results, explanations provided and any information suggesting AI was used. Depending on the circumstances, the issue may relate to employment equality, data protection, transparency obligations or 2024 Act requirements. How the complaint is processed will depend on the facts and the legal basis of the concern. See 3(a) above.
4. Employer and Provider Responsibilities
(a) What responsibilities do employers have when using AI?
Employers using AI in employment decisions should understand what the system does, why it is being used, what data it relies on, how risks are managed, and how human oversight is maintained. They should also consider whether the system could produce discriminatory or unfair outcomes and whether individuals are given appropriate information where required.
(b) Can an employer be responsible even if it bought the AI system from a supplier?
Yes. Depending on the role it plays, an employer will have responsibilities as a deployer of an AI system. In some circumstances, an organisation may also have responsibilities normally associated with providers if it develops, substantially modifies, rebrands or places an AI system into service under its own name.
(c) What should employers do now?
- Map where AI tools are used in recruitment, HR, workforce management and employee monitoring.
- Identify whether any systems may be high-risk or prohibited.
- Review contracts, supplier documentation and system records.
- Ensure human oversight, transparency and accountability are built into decision-making.
- Assess equality, data protection and employment-law risks before deployment.
- Train relevant staff on appropriate and responsible use of AI.
5. The WRC’s Role in Practice
(a) Will the WRC issue guidance on AI?
Public guidance will be available as Ireland’s AI Act implementation framework matures and as the roles of competent authorities are clarified in practice. More information can currently be found here AI Office of Ireland.
(b) Will the WRC decide whether an AI system is lawful?
In employment disputes, the WRC may consider how AI was used where that use is relevant to a complaint within its jurisdiction. Broader questions about AI Act compliance may involve the AI Office of Ireland, the WRC or other MSAs or coordinated enforcement arrangements, depending on the system and the legal issue.
(c) How will the WRC coordinate with other regulators?
Ireland’s implementation model anticipates coordination between he MSAs. This is important because workplace AI may raise overlapping issues, including employment rights, equality, data protection, occupational safety, consumer protection or sector-specific regulation.
6. Timelines and Next Steps
(a) When does the AI Act apply?
The AI Act entered into force in 2024 and applies in phases across the EU. Some prohibitions have already begun to apply. The WRC has a specific market surveillance role in relation to certain prohibited AI practices in the workplace, including AI systems that infer the emotions of workers or job applicants, except in the limited circumstances permitted under the AI Act. Other obligations, including many rules for high-risk AI systems, have been delayed, to be applied later. Public bodies, employers, providers and deployers should monitor the phased commencement dates and national implementation arrangements.
(b) Where can the public get more information?
Members of the public should consult official information from the Irish Government, the WRC and relevant competent authorities. More information can be found here (link to AI Office website). For individual employment complaints, the appropriate route will depend on the facts, the legislation involved and whether the issue falls within the WRC’s existing complaint-handling functions.
7. Key Points on AI in the Workplace
- The AI Act does not prohibit all workplace AI, but it regulates higher-risk uses more strictly. Certain workplace AI is completely prohibited.
- AI systems used in recruitment and employment decisions can affect fundamental rights and may be high-risk.
- The WRC’s role is connected to employment, equality and workplace rights issues within its remit.
- Other regulators may also be involved where AI issues concern data protection, consumer protection, safety or sector-specific regulation.
- Employers should be able to explain, justify and oversee AI-supported workplace decisions.
- Workers and job applicants should keep records if they believe AI has affected a workplace or recruitment decision unfairly.
- Further queries can be sent to AiAct@Workplacerelations.ie
- PLEASE NOTE: Separate to workplace rights and obligations, to contact the Workplace Relations Commission (WRC) as an MSA authority under the EU Artificial Intelligence Act (2024), you must submit a query using the Irish AI Office’s Contact Form. To access this form and for information on regulation of Artificial Intelligence under the EU AI Act (2024) please consult the AI Office’s website AI Office of Ireland Contact Form.