AI, Mental Health and Labor law: Towards a Human-right based Framework

Zlatanović, Sanja (2025) AI, Mental Health and Labor law: Towards a Human-right based Framework. In: INTERNATIONAL SCIENTIFIC CONFERENCЕ - Application of Artificial Intelligence in Legal Disputes Resolution: Comparative Legal Perspectives. Универзитет у Бањa Луци ,Правни факултет, Banja Luka, p. 29. ISBN 978-99976-54-33-5

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Abstract

Artificial Intelligence (AI) is rapidly reshaping work organization, labor processes, and labor conditions as well creating both opportunities and signif­ icant risks for workers' rights. While AI technologies can enhance_efficiency and flexibility, their widespread use also intensifies psychosocial pressures, uncertainty, and mental health challenges. The World Economic Forum an­ ticipates that 85 million jobs could be displaced by 2025, raising concerns about stress, burnout, and the consequences of constant digital connectivity . Despite the urgent nature of these issues, legal frameworks often lag behind technological developments, leaving workers exposed to emerging risks. Recent European Union initiatives offer partial responses. The 2024 Plat­ form Work Directive indirectly addresses AI-driven risks by requiring digital platforms to assess the mental and physical health implications of algorith­ mic management. Similarly, the 2023 Communication on a Comprehensive Approach to Mental Health underscores the need to integrate mental well­ being into all policy areas, including labor. However, the cornerstone of EU occupational safety and health law - the Framework Directive 89/391/EEC - fails to explicitly regulate psychosocial risks, highlighting the insufficien­ cy of current protections. In response, some Member States have introduced the right to disconnect, seeking to mitigate the adverse effects of "always-on'' work cultures. Younger generations, notably Generation Z, are increasingly responding through phenomena such as "quiet quitting" signaling a demand for holistic, rights-based frameworks that bridge law, organizational science, and psychol­ ogy. To address these challenges, labor law must expand its focus to include human rights and workplace ethics adopting a due diligence approach that integrates legal, organizational, and societal dimensions. This perspective aligns with Dworkin's conception of justice positioning the protection of mental health in AI-driven workplaces as a fundamental matter of justice,

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