| Different from the employer-employee relationship in the civil law, labor relationship is considered to contain the characteristic of “subordination”. The academic community mainly studies labor relationship from the aspects of the subordination of personality, economy and organization. However, technical subordination, as the original and indirect subordination, has been neglected for a long time. Technical elements are the basic motivations for the formation of industrial factory labor, and also the means by which employers transfer the direct labor-capital contradiction into the indirect opposition between machines and workers in the process of labor. With the development of artificial intelligence and the utilize of algorithms, influenced by technical factors, some forms of employment which were regarded as independent and flexible in the past, such as remote work, platform work, and part-time work, have increased the efficiency of the employer’s control and formed the algorithmic power of employers. The algorithmic power is the technical composition and extension of the employer’s management right that leads to the technical potential difference between employers and employees. It is necessary to take the balance of labor relations as the limit of the employer’s exercise of algorithmic power. China should formulate relevant labor rules to prevent the technical alienation of labor, make the algorithm more transparent, informed and explicable, prohibit algorithmic discrimination, and prevent algorithm from directly determining the vital interests of workers and destroying the right to organize. |
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