On the blind forum – where entries about work can only be posted by verified employees – a foreign programmer’s manager asked if he uses ChatGPT at work. As he explained, he became suspicious when an employee’s quality and productivity drastically increased in a matter of weeks.
The programmer admitted that he uses the tool and explained that he used it to better articulate his own ideas. He did it because English is not his first language. The employee further explained to the manager the usefulness of ChatGPT in writing code. Thanks to the tool, he has increased his efficiency and focuses on the entire project instead of correcting the little things.
The manager has banned the developer from using ChatGPT photo blind.com
However, the manager decided that it was not fair to the team and made the rest look pale compared to him. He added that the use of ChatGPT is unethical and told him to stop using it. He also threatened to send him to PIP (Performance Improvement Plan), which is a performance improvement program.
A programmer on a forum asked if this was even legal. Several people have said that the post is not real. We also do not know what contract the programmer had, which is crucial in this matter. However, the issue of using ChatGPT at work will be increasingly important. So we asked the National Labor Inspectorate for an opinion.
The Spokesman for the Labor Inspectorate sees only threats in AI. A job protects the employee
Juliusz Głuski-Schimmer, spokesman for the Chief Labor Inspectorate, emphasizes that this is a fresh case, so everything around him is also new. For now, however, he sees it as a threat, because ChatGPT often makes up and makes mistakes. Even in the work of a journalist, using this tool can be risky.
A GIP spokesman admitted that he was not familiar with the use of AI tools in the IT industry. However, he pointed out that the employee’s contract of employment provides the greatest protection. And the employer, in theory, gains more control (than in the case of garbage trucks) over the work of employees.
What does it look like in practice? PiP indicates that the employee is full-time “obliged to perform work conscientiously and carefully and to comply with the instructions of superiors that relate to work, if they are not contrary to the law or the employment contract (Article 100 § 1 of the Act of June 26, 1974. Labor Code, Journal of Laws of 2022, item 1510).
In addition, the employee is obliged to comply with the work regulations and the order established in the workplace. At the same time, however, the employer must inform employees about the scope of duties and the manner of performing work in designated positions, as well as about their basic rights. This can be done in writing or orally.
“The scope of the employee’s duties may be defined in a general manner in the employment contract or in a more detailed way by indicating the catalog of activities that the employee may perform. The provisions of labor law do not specify the number of tasks to be performed at a given position”. In addition, the tasks must not be contrary to the law, and they must be adequate to the nature of the work, its complexity and the employee’s education and professional experience.
The provisions of generally applicable law do not regulate the issue of the employee’s ability to use ChatGPT. Such issues should result from the work regulations applicable at a given employer, the employment contract and the scope of duties of a given employee
– informs the PIP.
The Labor Inspectorate also notes that the employer or a person authorized by the employer has the right to give the employee instructions related to the work performed by him. As long as the scope of work is consistent with the law, the employment contract and the scope of duties.
It should be emphasized that it is the employer – as the entity organizing work – who decides how and with what tools the work is to be performed by the employee. It is the employee’s duty to adapt to the way of organization in the workplace
– notes the spokesman of the GIP.
Garbage and ChatGPT is a more difficult topic
In the employment contract, the situation seems clear. The employer has the right to require the employee not to use ChatGPT and may apply penalties if the employee does not comply. However, the matter becomes more complicated with civil law contracts. And these are not uncommon throughout Poland and are also very popular in the IT industry.
In theory, on a B2B contract, contract for specific work or mandate contract (in this case, to a somewhat limited extent), the employed person is simply supposed to perform the commission. How he does it should no longer be of interest to the principal. Theoretically, the principal cannot prohibit the contractor from using ChatGPT, if they have not previously agreed it in the contract. Unfortunately, the practice looks different.
Civil law contracts were to ensure greater flexibility and freedom of work organization on the Polish market. However, employers began to abuse them, the market became deregulated, and such contracts stuck to the name “junk”. In fact, most often the contractor plays the role of the employer, and the contractor – the employee. This, however, is against the law.
If the contractor provides us with equipment, sets working hours and gives us instructions, in practice we remain in an employment relationship with him. The National Labor Inspectorate may persuade the employer to change our employment contract if we prove that we fulfilled our obligations in the employment relationship, and not under a B2B, specific task or mandate contract, even though we signed one. However, evidence for this must be provided.
However, instead of giving us more flexibility, employers use such contracts to reduce the cost of employment. In this case, the employee may lose pension contributions or ZUS and NFZ insurance. First of all, however, it is not protected by the provisions of the Labor Code.
So in theory, when the principal (in practice, usually the employer) forbids us to use ChatGPT, we can refuse. However, we are not protected in any way against breaking the contract, which is essentially dismissal. Because if we are employed on a garbage truck, the employer has the option to terminate the contract simply – without notice, without severance pay, without justification. Opportunities to defend yourself in the labor court in the case of a junk contract are basically nonexistent. That is why it is so important to require full-time employers if they intend to employ us in an employment relationship – emphasizes the GIP spokesman.
What are the risks of using AI at work?
In the case of civil law contracts, we are not exposed to penalties if they are not included in them. However, as we have already mentioned, the employer can easily dismiss us. The employment contract protects us against this, but it also gives the employer more opportunities to discipline employees.
The mere use of AI at work is not against the law, because this issue has not been regulated at all. However, the employee must follow the employer’s instructions, comply with the regulations and adapt to the way of organizing work in force at the workplace.
If the employee fails to do so, the employer may apply:
- admonition,
- a reprimand.
“In addition, for the employee’s failure to comply with occupational health and safety or fire regulations, leaving work without justification, arriving at work intoxicated or drinking alcohol during work – the employer may also apply a fine” – informs the PIP.
“The financial penalty for one violation, as well as for each day of unjustified absence, may not be higher than the employee’s one-day remuneration, and in total the financial penalties may not exceed a tenth of the employee’s remuneration, after making the deductions referred to in Article 87 § 1 points 1-3” – the GIP spokesman, Juliusz Głuski-Schimmer, told us.
AI in IT is not uncommon. There are employers who support this
Some people in the IT industry may be surprised by an employer who prohibits the use of AI tools. After all, it is this industry that develops them, so it seems natural that in this sector they will be used organically. And that’s what actually happens in some places.
Before ChatGPT gained so much popularity, which thanks to artificial intelligence algorithms (and to be exact – machine learning algorithms) checked, predicted and corrected the code. Among them are IntelliCode, DeepCode and GitHub Copilot.
There are also companies that support the use of AI. – In our company, after the first tests, it turned out that the content department can produce twice as much content. And at a good level – Michał Sadowski, founder of Brand24, a tool for monitoring brands on the Internet.
We have a case of a girl right out of college who is piloting new activities related to our product. In five years she may be the best in her field, but for now she is a junior. It is so equipped with AI tools for creating visualizations that it provides projects at the senior level. So in her case the run-up to a higher career level will be shorter. You learn a lot using GPT-3, because it’s a bit like having a more experienced employee standing by you all the time, correcting your mistakes and having time for you 24 hours a day
– gives another example from his company Sadowski.
Source: Gazeta
Mabel is a talented author and journalist with a passion for all things technology. As an experienced writer for the 247 News Agency, she has established a reputation for her in-depth reporting and expert analysis on the latest developments in the tech industry.
