Workforce AI under the EU AI Act: Annex III 4(b) checklist and evidence pack.
Using AI for performance evaluation, task allocation, scheduling, monitoring, promotion or exit decisions? Annex III 4(b) may apply. Embed AI helps classify the use cases and build evidence for HR, works councils, DPOs, leadership and vendor conversations.
When does workforce AI fall under Annex III 4(b)?
EU AI Act Annex III point 4(b): AI systems for decisions on employment terms, promotion or termination, task allocation based on behaviour or personal characteristics, and monitoring and evaluation of performance and behaviour.
- When AI uses performance, behaviour, skills or personal characteristics for work-related decisions.
- When the output affects task allocation, promotion, pay, monitoring, evaluation or termination.
- When a vendor or internal system adds AI to HRIS, scheduling, performance or workforce analytics workflows.
Why this matters now
Workforce AI directly affects GDPR, equal treatment, works council consent and employee rights. What operations sees as efficiency, the works council sees as monitoring.
Vendors of HRIS, workforce analytics, performance management, scheduling and productivity AI are questioned by enterprise customers on bias, explainability and human oversight.
AI literacy for HR, managers and operations (Article 4) has been mandatory since February 2025. For workforce AI this is especially sensitive towards employees.
Works council trajectories can delay rollouts by months if evidence and transparency are not in place beforehand.
Which AI use cases fall under this
- Performance scoring, talent rating, succession planning based on data
- Task allocation based on behaviour, skills or personality profiles
- Monitoring of productivity, attendance, attention, communication or digital employee experience
- Scheduling AI for retail, logistics, healthcare, BPO and customer service
- Promotion or exit decisions supported by AI or automated ranking
- Workforce analytics dashboards with predictive or prescriptive AI
What you get
- AI use case inventory for decisions on employment terms, performance, task allocation and monitoring
- AI Act classification (Annex III 4(b)) and provider/deployer role allocation
- GDPR, bias, explainability and human oversight gap analysis per workflow
- Works council pack and employee transparency template
- Role-specific AI literacy for HR, managers and operations, delivered on LearnWize
- Evidence pack for board, works council, customers and regulators
For whom
- Large employers with workforce AI in retail, logistics, healthcare, BPO, customer service or finance
- Vendors of HRIS, workforce analytics, performance management, scheduling and productivity AI
- Organizations rolling out AI monitoring and facing works council questions on surveillance and privacy
- International employers needing to demonstrate GDPR and AI Act compliance for their Dutch operation
Three products
HR-AI Risk & Evidence Sprint
Your workforce AI mapped, classified under Annex III 4(b) and with a first evidence pack for board, works council and regulators.
View scope and intakeArticle 4 Evidence Sprint
Role-specific AI literacy for HR, managers, operations and works council members. Evidence log and certificates. Delivered on LearnWize.
View scope and intakeHR-AI Evidence Bundle
Both sprints in one engagement. For organizations that want to close workforce AI and the people working with it at the same time.
Discuss the bundleWorking in recruitment and selection? See our route for Annex III 4(a): matching, screening and candidate assessment.
To recruitment and selection routeReady to bring your workforce AI under control?
In 30 minutes we discuss which AI you use for performance, task allocation or monitoring, where the biggest risks sit and which sprint fits. No sales pitch, no obligation.
Book workforce-AI risk call