XIE Zengyi: Main Challenges of Digitalization Faced by Labor Law and Its Systematic Response


 


Abstract: Labor law should make a systematic response to the enormous challenges posed by digitization. Firstly, digitalization has given rise to new forms of employment such as platform work and remote work. The adoption of digital technology and equipment has also brought new challenges to labor law. Therefore, digitization has broadened the scope of labor law, necessitating special rules for these new and special forms of employment. Secondly, digitalization poses a serious threat to the traditional rights of workers, requiring a reconstruction of the framework of labor rights. Labor law should reinforce the protection of basic rights such as freedom of expression and the right to equality for workers and develop a new framework of labor rights centered on workers' personal information rights and interests. Thirdly, digitalization makes it impossible for labor law alone to solve new problems in the workplace. So labor law and governance tools for digitalization, such as platform governance, data protection, algorithm regulation, and industry regulation, should be applied in coordination with each other to comprehensively address the challenges that digitalization brings to labor law.

Key Words: digitalization; labor law; platform work; labor rights; personal information protection

Author: Xie Zengyi, research fellow, CASS Institute of Law;

Source: 9 (2024) Academic Monthly.