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Experts said that the impact of digitalization on workers' rights, including the challenge to traditional rights and the demand for new rights, calls for improving labor laws, shaping the rule of law order in the digital era, and better protecting workers' rights and interests.

The company continued to use the short video of the webmaster with goods on camera without his consent after the webmaster left his post, causing disputes. Recently, the Zhejiang Zhoushan Intermediate People's Court concluded the case of infringement of portrait right, and decided that the company should bear the liability for infringement.

Can the webmaster get back "my face" after changing jobs; Is it overtime to work on WeChat after work; Who should be responsible for the injury of the takeaway rider receiving orders from multiple platforms; How to determine the performance appraisal standard under the "machine replacement"...... The development of digital technology has brought great convenience to people's production and life. At the same time, new phenomena and problems in the field of labor and employment continue to emerge. It is necessary to find a new way suitable for it from the aspects of legislation, law enforcement, enterprise employment management, etc.

The protection of workers' rights and interests faces new challenges

"The impact of digitalization on workers' rights includes the challenge to traditional rights and the demand for new rights," said Wang Sufen, a professor at the Law School of Liaoning University.

Wang Sufen further explained that, in terms of challenges to traditional rights, the "algorithm black box" may have an impact on workers' right to rest and vacation, the right to obtain labor safety and health protection, and the right to equal employment, and the massive use of electronic devices in the workplace may have an impact on workers' privacy.

In recent years, such hot social news as "setting toilet time limit", digital remote clock in, intelligent cushion monitoring whether to "fish" at work... have emerged frequently. The participation of digital technology in labor management has become more and more widespread. The boundary between the autonomy of enterprise labor management and the protection of workers' rights and interests has repeatedly triggered discussions.

Wang Sufen said that in the face of the huge value of data, some employers have a tendency to excessively collect and abuse workers' personal data, and the protection of workers' personal data rights and privacy rights is threatened.

"In the digital era, new demands have emerged for the protection of workers' personal information rights, offline rights and other new rights," Wang Sufen said.

In response to the issue of "whether to work overtime after work or not through WeChat", which has attracted attention recently, some experts proposed to improve the legal system and include new rights such as personal information rights and offline rights in the digital era. In the platform employment, the legal relationship between workers and the platform has also been the focus of controversy in the theoretical and practical circles in recent years.

"The use of digital technology has brought about the rise of platform employment methods, which tend to de labor relations, leading to the traditional protection system based on labor relations can not cover a large number of platform workers." Shen Jianfeng, head of the Academic Committee of the Law School of the China Institute of Labor Relations, believes that the various labor rights and interests of these workers may face the problem of insufficient protection.

Take how to settle claims after injury, which is generally concerned by online distributors. Crowdsourcing riders can pick up orders freely on multiple platforms, but because they cannot confirm their labor relations, they often cannot obtain industrial injury insurance claims after an accident. It is worth mentioning that at present, 7 platform enterprises in 7 provinces and cities are carrying out the pilot project of occupational injury insurance based on payment by order, the biggest highlight of which is that the platform is not required to confirm the labor relationship and is forced to bear the responsibility for payment. This is considered as a powerful tool to protect the rights and interests of platform practitioners.

"The application of technology has made the employer's infringement on the rights and interests of workers more and more concealed and expanded. This is worth paying attention to." said Professor Guan Jie, School of Labor Economics, Capital University of Economics and Business. "In addition, multiple 'units' are often integrated on the APP, which makes it unclear who is the ultimate employer and who will bear the responsibility, and it is difficult for workers to pursue their rights and responsibilities."

Targeted improvement of labor laws

With regard to the new type of labor employment in the digital era, many experts said that they would improve labor laws, shape the legal order in the digital era, reconcile diverse social relations, and better protect the rights and interests of workers.

Shen Jianfeng said that there is no unified opinion on how to design the legal system and apply the law for the employment that does not fully conform to the labor relations.

"Even for the platform employment with labor relations, because of the particularity of its organizational mode and the piece rate wage system model, the traditional working hours, vacations, wages, social insurance and other systems also have obstacles in their application, which needs targeted improvement," Shen Jianfeng said.

Wang Sufen suggested that the labor standard law should be improved. "Platform employment is characterized by flexibility. Practitioners can start or stop work at any time, or switch to another platform for work in a very short time. They can also increase or reduce the frequency of work according to their own status." She said, "In this case, there is no clear conclusion about what kind of work status is normal work and how many orders are completed to meet the labor quota standards. The current labor standard specifications and policies cannot be effectively applied to the platform employment. "

With regard to the labor law issues in the new working methods in the digital era, such as online office and remote office, Shen Jianfeng said that the personal rights and data rights and interests of workers in the digital era have become more important, but traditional labor legislation has not involved these issues.

"When encountering such problems, only the provisions of general civil laws can be applied, and the general civil laws solve the rules of communication between the two parties in an equal relationship, and cannot take into account the particularity of the imbalance between the strength of workers and employers in labor relations." Shen Jianfeng said.

"The current labor law as a whole can still adapt to the digital era, but in some places it may need to make corresponding adjustments in supporting mechanisms." Scope said that the rights and interests of workers should be clarified and improved according to the characteristics of the digital era, especially the emerging rights in the digital era should be clarified through legislation.

Law enforcement and supervision should conform to the development trend of the digital era

"In the digital era, the system for protecting the personal rights and interests of workers and digital rights and interests should be improved quickly." Shen Jianfeng said, "We should also speed up the system innovation in the field of social security, and medical care, pension and other security systems also need to be designed and arranged early for the future."

"With the development of digital technology, enterprise employment management will continue to innovate." Shen Jianfeng said, "In this process, employment management should give full play to the technical advantages of digital technology in human resource allocation and other aspects to promote the optimization of human resource allocation."

Shen Jianfeng further explained: "The advantage of the employment mode in the digital era is not that it does not establish labor relations, does not exist labor protection, does not pay social insurance, etc., but that it has the advantage of combining resources. Employment management innovation must have the correct goal."

At present, there is still a gap between the supervision measures of labor security supervision and the platform employment mode. Many experts mentioned that law enforcement supervision should also comply with the development trend of the digital era, and respond to digital employment with digital supervision.

It is suggested to build a supervision platform for digital labor. "At present, multi platform employment challenges law enforcement on labor standards. We should establish a unified digital labor supervision platform to achieve cross platform law enforcement," he said.

Wang Sufen also held the same view. She believes that the labor supervision department should focus on building a digital online supervision model to improve its own law enforcement level. "The focus of supervision on platform enterprises should be shifted to online." Wang Sufen said, "For example, we should establish electronic information archives for platform practitioners. We should strengthen the supervision of platform enterprise data and promote the realization of background data sharing between enterprises and the government. The scope of data sharing includes labor hours, wages, etc."