Shanghai'S First Case Of Smart Replacement Labor Dispute Case Unemployment Or Pformation?

As we all know, in the science fiction animated film robot mobilization, most of human work was replaced by artificial intelligence, and almost caused huge accidents.

Poster of robot mobilization

Li Kaifu said, within 10 years,

It will replace 50% of human work.

Recently, the State Council issued the "new generation of artificial intelligence development plan", artificial intelligence officially rose to the national strategy.

When people enjoy the dividends brought about by the rapid development of artificial intelligence, they are more and more anxious and wondering: will the development of AI ruin their jobs? If so, they will lose their jobs, and how can they use legal weapons to protect their rights and interests?

In July 2017, Wang and Lao Tung, a data analyst, went to court to cancel the contract compensation. He worked for 13 years and was replaced by an intelligent system. The case was called the first case in Shanghai by the legal profession to replace artificial labor disputes.

Post is replaced by intelligent system and "unemployed"

In Wang Mou (a pseudonym), the assistant rank of general manager, the monthly salary of nearly 30 thousand yuan, the no fixed term labor contract, the various welfare benefits......

He never imagined that he would lose his job one day.

In 2004, Wang entered a well-known department store in Shanghai (hereinafter referred to as the "company"), which included data collection and analysis.

In 2014, after 10 years' work, the company signed an unfixed term labor contract with him.

Before and after the Spring Festival in 2016, the company's ERP management system was launched.

According to the company's statement, this part of the work of data collection can be completely intelligentized after the system is launched.

"From the time contrast, it will take 8 hours to complete manual operation, and it will take only 10 minutes to complete the system," he said.

In the court of arbitration trial, Wang's company believes that there is no sense of artificial jobs after the above posts are intelligentized.

In January 2017, the company officially cancelled Wang's post.

In May 2017, the company discontinued the labor contract with Wang, and paid the economic compensation and the notice of the cancellation of the labor contract.

Is it a case of illegal dismissal?

According to the labor contract law, there is a major change in the objective situation based on the conclusion of the labor contract, resulting in the failure of the labor contract to be fulfilled. After the employer and the laborer have not negotiated the contents of the labor contract, the employer can notify the worker himself in advance or pay the worker one month's wages in 30 days in advance, and the labor contract can be terminated.

The arbitrator of the Shanghai labor and personnel dispute arbitration court, who is in charge of the case, said: "one of the controversies in this case is whether the ERP system can be identified as a significant change in the objective situation."

Wang's old club believes that the new data analysis system has greatly improved the efficiency of the on-line analysis system, and is consistent with the trend of production and operation. Because of the on-line data analysis system, Wang's work content has basically been replaced, which has a substantial impact on Wang's post. Wang believes that adjusting the Department's structure or post responsibility according to its own production and operation status is a unilateral act of its subjective consciousness. The new data analysis system can not completely replace its own work content.

Qiu Baohua, Dean of the Shanghai labor and personnel disputes arbitration court, admitted: "the most scientific definition of AI is not yet clear, and the arbitration institutions will handle cases according to the law according to the specific circumstances of the case, combining evidence and so on."

The above arbitrators said: "the final judgment result of intelligent replacement of artificial cases is not necessarily the same, and we need to make a comprehensive judgement based on the interaction process before the lifting of the unit and the proof in the court."

In addition, "whether the two sides should have fair consultation and communication before cancelling the contract" has become the key to the illegal dismissal of the company.

Gao Shan, partner of Shen Hao law firm, said that with the development of artificial intelligence, when enterprises dismiss related personnel in the future, they may be disputed as "incompetent positions" and "inconsistent post coordination".

"The law should pay more attention to the adoption of new technologies and equipment by new enterprises, so as to improve the efficiency and replace the original manual jobs, and how to set up or dismiss the relevant personnel, and whether the existing technicians can better adapt to the development of enterprises by adjusting posts or training methods."

Will AI make most people lose their jobs?

Media workers also feel the pressure of artificial intelligence.

18 minutes after the Jiuzhaigou earthquake, the Chinese seismograph network automatically wrote the press release and wrote it for 25 seconds.

Public data show that in 2016, the replacement rate of robots in China increased by 30.9% over the same period last year.

In the past 5 years, the scale of China's robot industry has basically maintained a growth rate of over 20%. In the 1 to July this year, 71 thousand and 600 industrial robots were produced, representing an increase of 57% over the same period last year.

The application fields of industrial robots, service robots and special robots continue to expand.

"Artificial intelligence is currently in the rule based and experience based occasions with good results and wide application prospects. Those inefficient, repetitive and heavy manual jobs bear the brunt.

For example, some mechanical or fixed jobs or processes in the manufacturing industry will use industrial robots instead of manpower.

"At the same time, some seemingly complex jobs, such as securities analysts, financial planners, lawyers, etc., will be gradually replaced by machines because of their strong ability to search, analyze and excavate large data," said Zhang Wenqiang, director of Fudan University's Robotics Lab and director of Robotics Laboratory.

Yuval Grali, who is the most difficult to be replaced by AI, has already pointed out in the book "a brief history of the future". Archaeologists, because archaeology does not generate profits, business and government are not very interested in and invested in it.

Zhang Wenqiang said: "in the long run, with the development of technology and society, there will be only a few people working with most people, and the professional talents who can control robots and artificial intelligence will be a small number of jobs."

In response, Li Deyi, director of the China Association for artificial intelligence, put forward different opinions at the 2017 global (Shanghai) AI summit. "Many jobs will be replaced by intelligent robots, but more new jobs will emerge.

Mankind has always been good at making use of the advantages of robots to make up for the shortage of robots and use robots to enhance their intelligence and ability.

In recent years, Qiu Baohua, director of the Shanghai labor and personnel disputes arbitration court, has also felt that new technologies and new modes have brought about new employment.

She said: "AI is the trend of the times.

How big the impact is now is not necessarily.

Continuous learning, constantly updating knowledge and keeping pace with the development of the situation will not be eliminated in the wave of AI development.

More interesting reports, please pay attention.

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