A Study On Legal Issues Of Employment Promotion In AI Society

Employment promotion is related to people’s livelihood,and it is the key factor to implement fairness and efficiency in the process of economic development.It has appeared many problems for long time in the global employment,such as discrimination,unemployment,and inequality.These problems are becoming more and more serious along with the deployment of new technologies in AI society.Following the breakthrough of AI technology and its extensive deployment,the labor market in AI society has acquired new characteristics:employment in AI society requires specialized and excellent skills,and employment promotion has shifted its focus from quantity to quality;the employment is followed by the risks of infringement by new technologies,and therefore the issue of fair employment is particularly highlightened in AI society;the contradiction between employment and unemployment becomes more and more prominent,and it appears phenomenon of employment polarization;considering the social structure in AI society becomes polarized between rich and poor,technical research and employment promotion must be supplemented with effective social security to enable the poor to participate in the innovation process and improve their labor enthusiasm at same time.The new forms of employment can improve the autonomy and flexibility of labor,but also bring issues and challenges to employment promotion.Firstly,the labor structure in AI society has undergone long-term and permanent changes by the influence of innovative technology.However,the current vocational education and employment service take labor-intensive,manufacturing industry as major service targets,added the formalism in the service process,the current system can’t meet the systemic training requirements for new technolodgies.Secondly,employment promotion relies on the circle of employment and well balance between labor supply and employment demand,and then risks can be shared amongst labor generations by social security.However,the current security system has a worsing financial status,and even hardly maintains break-even in near future.Furthermore,the polarization of employment and social structure bring less social mobility,less labour enthusiasm and worse labor supply.It could easily create social problems and even lead to turmoil.Thirdly,the new form of employment in AI society presents new phenomienons: the fragmentation of working time,the flexibility of workplace,and the virtualization of labor management.The employer’s commanding intensity is reduced,and the labor subordination is weakening,and the scale of informal employment grows continuously.It results in less effectiveness in the adjustment mechanism of labor-subordination-based employment laws,which at the same time brings problems about the labor protection and unemployment prevention in new employment forms.Fourthly,the "employer power" reinforced by AI algorithms,has evolved into a flexible "algorithmic power",which is prone to algorithmic employment discrimination.It makes the misallocation of labor resource,damages the fair employment right and further hinders employment promotion.To solve the above problems in AI society,we should look for tools from the legal concepts and theories of employment promotion and learn from the practical experience of different countries,so as to provide reference for the solution of reforming China Employment Promotion Legal Mechanism.Therefore,this paper will firstly clarify the value,purpose,and function of employment promotion as the theoretical connotations,added the change of basic concept from promoting "the right to life" to maintaining "human dignity",and then deduce the new development of employment promotion theory in AI society.Which can lay a theoretical foundation for the legal solution of employment promotion in China.The fundamental value,purpose and function of employment promotion is to realize social fairness and justice,promote citizens’ employment at will and social harmony and stability,and to maintain social interests by promoting employment together with other social laws.In AI society,the fundamental philosophy of employment promotion has changed from promoting the "right to life" to maintaining the "freedom of employment" and "human dignity" of labors due to the specialized requirements of employment,the transformation of employment structure and corresponding risks,and labor protection of new employment forms.On this basis,the employment promotion theories in AI society have also developed at the same time.Those theories include: the employment promotion should rely on the free market as an "invisible hand" to balance supply and demand of labor force;the moderate protection and flexible employment are good means to promote and protect new employment forms if well managed;it’s natural to eliminate new forms of employment discrimination to protect the labor’s equal rights,equal rules for both employment promotion and human dignity;based on the philosophy of maintaining "human dignity",we should not stick to one way of employment promotion,but should also consider the ways of unemployment prevention to take care of vulnerable employment groups by promoting flexible employment and other means.In order to seek suitable legal solutions for China employment promotion,other than the above legal tools and theories,we should also learn practical experience and choose effective countermesures from different countries.Those pioneering legal measures for employment promotion include employment oriented vocational education implementation;the countermeasures of improving financial status of social security;prevention of unemployment and labor protection on practitioners in new forms of business;and prevention of AI algorithm infringement.Amongst all the above means,the valuable parts for China solution include:a)employment promotion should rely on the foundation of free market competition;b)the measures of "supporting youth employment" in Britain and France can provide reference to solve the employment problem of China college graduates;c)regarding the weakening labor subordination caused by the evolving new labor forms,the experience of European "quasi labor" standard and "moderate protecting" atypical employment are worthy of our reference;d)in developed countries,the aging society came for years,promoting "elderly labor" and delaying "legal retirement age" are tentative solutions for the breakeven of social security.These solutions are valuable for us because the peak of childbirth has passed away for tens of years and aging society comes in China,at the same time the “demographic dividend” disappeared;e)finanlly,under the requirements of specialized and excellent skills in AI society,China should reform its vocational education system in the new era.Based on the above legal tools in employment promotion,drawing on the relevant practices and taking full account of national situations and China unique labor structure,this paper puts forward the following China legal solutions of Employment Promotion in AI society.Firstly,China’s unique population and industrial structure are more vulnerable to AI employment substitution.We should establish a vocational education and employment service system towards the employment in AI society to deal with the shortage of high-tech talents and surplus low-tech labors.Secondly,improve the social security system relating to employment: detach the requirements of standardized labor relations from the benefits in different insurances of medical,industrial injury and unemployment;establish an interactive mechanism between labor protection and unemployment security;and turn the goal from maintaining unemployment living to harmonizing employment promotion and unemployment prevention;solve the financing problem with multi-level endowment insurances.Thirdly,appreciate importance of the job creation with new AI technologies,and promote such job creation by loosening restrictions of the employment laws and strengthening the employment promotion laws.Define the official legal concept and standards of "quasi labor" to implement moderate labor protection for atypical and informal employments,and strike a balance between flexible employment,labor protection and employment promotion.Fourthly and lastly,further establish an equal,free,and open labor market.effectively suppress algorithmic employment discrimination;Step by step,solve the issues of segregation in urban-rural and regions;establish our international employment rules to promote mobility of international high-tech talents.