Volume 8,Issue 8
Labor Law Identification of Algorithm Control Intensity in the Gig Economy: The Core Criterion of Technical Subordination
As digital technology deeply penetrates the labor market, the gig economy is reshaping employment patterns through the “platform + individual” model. Platforms rely on algorithms to reconstruct labor management processes, causing traditional labor law identification standards to fail. This paper focuses on “algorithm control intensity,” constructs a three-dimensional framework of “Dispatch Mode—Reward/Penalty Mechanism—Autonomy Degree” by combining Supreme Court cases and Suzhou pilot experiences, and provides an analytical path for labor law to adapt to the gig economy and mitigate adjudication divergence in platform-related labor cases.
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[4] Supreme People’s Court of the People's Republic of China, 2012, Labor Contract Law of the People’s Republic of China (2012 Revision).
[5] Supreme People’s Court, 2024, The 42nd Batch of Guiding Cases (No.237, 238,239, 240). Official Website of the Supreme People’s Court.
[6] Wang TY, 2025, Understanding and Application of “Dominant Labor Management”. https://www.chinacourt.cn/article/detail/2025/03/id/8742701.shtml
