The Obscured Subordination:the Key Core of"Internet+labor Relationships"and Its Coordination Strategy——Taking Fast Delivery Persons as the Object of Observation
There are three different views on whether or not a labor relationship can be formed between a fast delivery person and an Internet platform in the sense of the Labor Law:negative one,positive one and wait-and-see one.From the actual state,on the surface,there is no subordination or it is hard to constitute subordination between Internet platforms and special fast delivery persons or crowd-sourced fast delivery persons.From the should-be state,on the one hand,fast delivery persons not only provide food delivery in the circulation link of the real world,but also produce valuable data in the production link of the virtual world or digital world parallel to the real world;on the other hand,the conflict between human logic and algorithmic logic,and the underlying real image of"subordination"is obscured and concealed by the Internet and technology,so it is urgent to uncover the"covert subordination"between the Internet platforms and fast delivery persons and apply the Labor Law to regulate their relations.However,even if the legislation adopts the view of and reasons for"covert subordination"and confirms that there is a labor relationship between an Internet platform and a fast delivery person,it is necessary to reform and reshape the Labor Law to a considerable even subversive degree.At the same time,it is necessary to strictly prohibit the"strictest algorithm",apply"algorithmic median",achieve"algorithm transparency",and leverage"algorithm ethics"to fully shape a"new"labor order.
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