In the era of Industry 4.0


2019-04-29 02:00

Tian Silu
Law Review

Abstract: The emergence and development of labor laws go hand in hand with the industrial revolution. Labor relation adjusted by the labor laws possess both the equality of the contract, and subordinary between the contract parties. Based on the subordinate characteristics of labor relations, the labor law was born on amending the principle of freedom of contract in civil law and gradually formed its own system and content. From the perspective of subordinary theory, there are dichotomy and trichotomy. In the era of Industry 4.0, Employers command power weakened, and working time, the binding constraints of workplaces declined, flexible employment forms with weak subordinates such as remote labor, contractual labor, entrusted labor, shared labor, multi-identity labor are continuing to evolve, causing the shrinkage of traditional subordinate labor relationships. The systematization and concreteness of the subordinary benchmark exert positive effect on the judgment of labor relations and application of laws. In situations such as autonomous constraints and mixed contracts, it is necessary judge from different phases and aspects flexibly. In area between civil contract and labor contract, relevant labor law protection shall provide to those who do not have subordination of the person (organizational subordinary) but have certain extent of economic subordinary. Return to identity from contract, the artificial revolution enables mankind to get rid of the shackles of subordinate labor, the meaning of labor is changing, and labor laws which are based on subordinary are facing enormous challenges and reforms.

Key wordsIndustry 4.0; Artificial Reform; Subordinate Labor; Flexible Employment; Labor Relationship

The Chinese version appeared in Law Review, 2019(01).


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