AIGC+ Determination of Labor Relations in the Context of the “Gig Economy”

Taking Delivery Riders as an Example

Abstract

The rise of generative artificial intelligence (AIGC) technology is injecting new momentum into the gig economy and reshaping the rights and obligations of platforms and workers, while also constantly challenging traditional standards for determining labor relations. This study takes food delivery riders as the research object, analyzes the dilemma of labor relations determination under AIGC, explores legal regulatory paths, and argues from the perspectives of "personal subordination" and "economic subordination" that AIGC deeply and implicitly controls the labor process through mechanisms such as dynamic path planning, blurring the boundaries of determination. A multi-level solution is proposed: in the judiciary, the substantive and modern interpretation of the subordination standard should be developed, examining the substantive control of algorithms; in legislation, the binary model should be broken through, creating a "quasi-employee" subject and implementing tiered protection; collaborative governance should strengthen the responsibility of platform algorithms and promote the construction of collective bargaining mechanisms, providing theoretical reference for building a new paradigm for determining labor relations and protecting the legitimate rights and interests of workers.