Abstract:
The algorithmic masking of platform labor relations refers to the platform's use of the guise of technological rationality to conceal the power domination in the platform labor process, resulting in its legal invisibility. The inquiry into the phenomenon of algorithmic masking aims to reveal the essence of platform labor, the real constraints on the autonomy of practitioners imposed by platform algorithmic management, and to clarify the causal logic and de-masking paradigm for the inability to identify the subordinate characteristics of platform labor relations in the labor relationship determination rules. This exploration involves recognizing the limitations of traditional subordination standards, analyzing the generation logic of the masking effect, and demonstrating the value of technological subordination. To regulate algorithmic masking in labor relations, it is appropriate to adapt labor-related legal rules through soft labor laws such as guiding opinions and guiding cases, such as adopting a multi-factor assessment method in the determination of labor relations, establishing a judgment standard system for technological subordination in response to technological blindness issues, and correcting the imbalance in the burden of proof between employers and employees through the reversal of the burden of proof and the introduction of labor supervision assistance.