Labour between Law and Economy: From the Digital Economy Era Back to Roman Law
DOI:
https://doi.org/10.60923/issn.2421-2695/25753Keywords:
digital labour, Platform employment, Identity-based, Service-basedAbstract
The digital economy has driven the rapid development of platform employment, and the traditional regulatory framework of labour law has gradually shown deficiencies in coverage and interpretive power. Algorithmic governance and institutional arrangements of de-labour relationship have left a large number of workers in a gray area between labour law and civil law, with their rights protection presenting a fragmented state. The norms related to labour in Roman law did not start from the identity of workers, but centered on the social fact of "service provision". It distinguished the labour process from labour results through different contract types and allocated rights and obligations accordingly. This institutional logic provides a new perspective for rethinking China's labour legislation under the background of the digital economy. labour norms do not have to take identity confirmation as the sole premise; instead, they should shift from an identity-based approach to a service-based one, and respond to the diversified evolution of labour forms through multi-factor judgment and categorized regulation.
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