Abstract: In the digital age, labor law is dysfunctional in regulating emerging algorithmic employment management. Excessive dependence on data collection, interpretation problems in algorithm processing, and responsibility avoidance in result evaluation are inherent defects of algorithmic management technology. The definition of algorithmic work relationship, the identification of responsibility for employment discrimination in algorithm selection, the reduction of basic rights in algorithm scheduling, and the weakening of protection of labor relationship changes in algorithm evaluation constitute obstacles to the application of labor law. The root cause of these problems is that the factual premise and core assumptions which are the basis of traditional labor law are challenged in the digital age. That is, the labor process has changed from the vertical management of the factory to the horizontal coordination of digital organizations, and some core assumptions such as workers being not commodities, the basic status of subordination, and the employment being a threat to human nature have been impacted. Reforming the theoretical basis and adjustment mode of traditional labor law is the key to supporting the revitalization of labor law in the digital age. Specifically, the focus of the adjustment function of labor law should be shifted from protection to rational allocation of human resources, the adjustment scope should be changed from attributive labor relations to five-dimensional working relations, and the adjustment method should be changed from integrated adjustment to the classification adjustment based on the rank of labor rights and interests. Through these reform measures, we can extract the idea and path of regulation of algorithmic management by labor law and realize the fair and safe goals, explicable methods and responsible results of algorithmic management under guidance of the people-oriented purpose. 

Key Words: Algorithmic Employment Management; Theoretical Foundations of Labor Law; Adjustment Mode of Labor Law; Rational Allocation of Human Resources; Work Relation; Rank of Labor Rights and Interests 

Author: Zhou Yuan, post-doctoral researcher and assistant research fellow, CASS Institute of Law;

Source: 6 (2024) Law and Social Development.