Legal Regulation Of Labor Management Right Expansion From The Perspective Of Algorithm

In the algorithm era,the centralization of computing power and the lack of technical supervision make the exercise of labor management rights beyond the traditional legal regulations.This phenomenon not only appears in the flexible employment new type of work,but also in the standard labor relations,which easily becomes the hidden danger of labor disputes.Analysis technology characteristics in the evolution trend of the labor relation subordinate attribute and property of the rights and interests protection from the perspective of algorithmic labor management.Explore the elaboration of the relevant legal norms,procedures and the real right of cohesion from the level of digital rule and labor law to seek the protection path of workers’ rights and interests in algorithm-driven benefit game.Taking the labor management right as the focus,explain its meaning and right basis from two aspects of theoretical basis and system basis,and trace the legitimacy of the exercise of labor management right from the context of academic theory and legal system.Through case analysis and sorting out the rules of adjudication,the scope and limited conditions of the exercise of labor management right in practice are clarified,and the boundary problem of labor management right is further discussed.Focusing on the review of legality,legitimacy and rationality,and giving consideration to substantive justice and procedural justice.With the continuous development of science and technology,the algorithmic labor management has been more widely used,and has become an important technical carrier and manifestation of the expansion of labor management rights.Algorithm establishes the important position of technology elements in subordinate labor,algorithm power becomes the technical extension of labor management right and forms the technological potential difference,and the dependence of labor payment process on technology strengthens technology’s control over labor process and restriction on personal freedom.The deepening of the understanding of the dependency of technology strengthens the more accurate grasp of the labor problems caused by technological manipulation in the emerging labor mode and management means.Before discussing the expansion of labor management rights driven by the algorithm,the kernel of the algorithm is understood from the medium meaning,that is,"combining data operation with machine automatic judgment and analysis to complete human-computer interaction decision".By explaining the operation mechanism of the algorithm,we can understand how it plays a role in labor process control and automatic decision making,which is very important to judge whether the employer has potential responsibility in the expansion of labor management rights.The transformation brought by technological driving force has pros and cons.While looking at the influence of algorithmic labor management dialectically,we should correctly understand the impact and reconstruction of social digital transformation on social management rules.The establishment and improvement of technical specification system of intelligent algorithm is also influenced by the diversification and deepening of artificial intelligence application field.The guidance and control logic of technology on labor behavior and labor process are further understood through the concrete performance of the expansion of labor management right boundary and the sorting of related rights and interests caused by the algorithm.The expansion performances include: the expansion of intelligent monitoring scope,the anomie of labor-related data processing,the algorithmic management of labor quota and the direct linkage between algorithmic decision making and labor punishment.The protection problems of workers’ rights and interests involve workers’ privacy,personal information protection,labor autonomy,labor remuneration and employment stability.The influence of algorithmic control on the labor process does not depend on how much control the labor subject can exert,but the key lies in the reservation of the scope of rights that can exert control.The visualization form of the algorithm is not only reflected in the technical infrastructure itself,but also includes the control of labor time and space by its decision-making power and guiding force and the discipline of labor behavior,and then covers the balance between the expression of labor rights and interests bound by the algorithm and the interests of labor and capital.The necessity and regulation of labor management right are supported by the demonstration algorithm of related rights and interests conflict and infringement types.To solve the risk of expansion of labor management rights caused by algorithm,the regulation path should combine the regulation tools,thinking and object with the mechanism of labor law instead of being limited to the field of labor.On the one hand,the technical due process mechanism of labor algorithm management can be implemented in three key points: data classification protection,transparency of algorithmic rules of labor management,accountability of algorithm and perfection of review mechanism.On the other hand,to explore a practical path for joint governance by multiple entities,the algorithm of labor management can be classified into contents that fall under rules and regulations to achieve enterprise autonomy,integrating the power of multiple subjects such as enterprises,algorithm platforms,trade unions,industry associations,third-party social organizations and government departments to collective negotiation system and labor security supervision with the concept of rule of law and autonomy.The company can integrate legal norms,policies,industry norms and other means to carry out regulations,explore the institutional guarantee and system construction of multiple co-governance to put legal protection into practice.