Digital Collar
Menu

Training on new AI tools: who pays and does it count as work time?

Updated

When an employer brings in a new AI tool, someone has to learn how to use it, check it and know when not to trust it. That raises plain questions for workers and managers: is the training paid, does it happen in working hours, and can it be pushed onto evenings or a personal budget? In the EU, one short article of a 2019 Directive answers much of this, and the AI Act adds a duty to support AI literacy. This page sets out both.

The short answer: where EU law, national law or a collective agreement requires an employer to train a worker to do the job, that training must be free of cost to the worker, count as working time and, where possible, take place during working hours (Directive (EU) 2019/1152, Article 13). Training an employer offers voluntarily is not covered by that rule. Separately, the AI Act requires providers and deployers of AI systems to take measures to support the AI literacy of their staff.

The mandatory training rule

The Directive on transparent and predictable working conditions says: where an employer is required by Union or national law or by collective agreements to provide training to a worker to carry out the work for which he or she is employed, such training shall be provided free of cost, shall count as working time and, where possible, shall take place during working hours (Article 13) (Directive (EU) 2019/1152).

It applies to every worker in the EU with an employment contract or relationship as defined in each Member State, with consideration to the case law of the Court of Justice. Member States may exclude workers whose working time averages three hours a week or less over four weeks, but not where no guaranteed amount of paid work is set in advance (Article 1). Member States had to transpose it by 1 August 2022 (Article 21), so it is now part of national law across the EU. Collective agreements may set different arrangements on these points, provided the overall protection of workers is respected (Article 14).

Two limits matter. The rule covers training the employer is required to provide, not every course it offers. And it covers training needed to carry out the work the person is employed for, not general career development.

Where AI comes in

The AI Act sets two duties that can lead to training at work (Regulation (EU) 2024/1689):

  • AI literacy (Article 4). Providers and deployers of AI systems must take measures to support the development of AI literacy of their staff and others operating or using AI systems on their behalf, taking into account their knowledge, experience, education and training and the context of use. Since the Digital Omnibus on AI, Regulation (EU) 2026/1744, in force from 27 July 2026, the article also says this obligation does not require providers or deployers to guarantee any specific level of AI literacy of any individual, and the Commission and Member States must support these efforts, in particular for small and medium enterprises (Regulation (EU) 2026/1744). It does not prescribe a course or format.
  • Human oversight of high-risk systems (Article 26(2)). Deployers of high-risk AI systems must assign human oversight to people who have the necessary competence, training and authority, as well as the necessary support. High-risk uses include AI for recruitment and for decisions on promotion, termination, task allocation and performance evaluation (Annex III, point 4).

Whether a given AI duty counts as training an employer is "required by Union law" to provide under Article 13 is a question of interpretation for national law and courts. The literacy duty asks for measures, not necessarily training. The oversight duty is closer: a person assigned to oversee a high-risk system needs the competence and training to do it. Where national law or a collective agreement makes AI training compulsory for a role, Article 13 applies clearly.

Training rights you should be told about

Employers must give workers information on the essential aspects of the job, including the training entitlement provided by the employer, if any (Article 4(2)(h) of Directive 2019/1152). If a new AI tool changes what you are expected to do, that statement is a starting point for asking what training comes with it.

Practical steps

  • Employers: decide which AI training is a condition of doing the job, for example for staff who oversee a high-risk system, and schedule it in paid working time. Keep the AI literacy measures you take on record. Check collective agreements for training clauses.
  • Workers: ask whether training on a new tool is required for your role. If it is required by law or agreement, it should be free and count as working time. Ask your representatives whether the rollout was discussed with them; see consulting employees before an AI rollout.

For what to learn, see AI literacy at work and AI skills to learn. For rolling out an agent step by step, see introducing AI agents at work. In Great Britain, employees of larger employers can also ask for training time themselves; see time off to train when AI changes your job. This page is general information about EU rules, not legal advice.

Questions and answers

Does my employer have to pay for training on a new AI tool?

In the EU, if the training is required by EU or national law or by a collective agreement for you to do your job, it must be free of cost to you and count as working time (Directive 2019/1152, Article 13). Voluntary training is not covered by that rule.

Does AI training count as working time?

Mandatory training does, and where possible it must take place during working hours. Whether other training counts depends on national working time law and your contract.

Does the AI Act require employers to train staff?

Article 4 requires providers and deployers to take measures to support their staff's AI literacy, without prescribing a format or guaranteeing a level. For high-risk systems, the people assigned to oversight must have the necessary competence, training and authority.

Did the Digital Omnibus remove the AI literacy duty?

No. Regulation (EU) 2026/1744 rewrote Article 4 so that it asks providers and deployers to take measures to support AI literacy and states they need not guarantee a specific level for any individual. It entered into force on 27 July 2026.

Sources