Abstract
<jats:p>The digital economy has propelled the rapid development of platform-based employment, and the traditional regulatory framework of labor law has gradually shown inadequacies in both coverage and explanatory power. Algorithmic governance and de-labor-relation institutional arrangements have placed a large number of workers in a gray area between labor law and civil law, leading to a fragmented state of rights protection. The regulations on labor in Roman law did not start from the status of workers, but centered on the social fact of ‘provision of services’. It distinguished between the labor process and labor results through different types of contracts, and allocated the relationship of rights and obligations accordingly. This institutional logic provides a new idea for rethinking labor legislation in China under the background of the digital economy. Labor regulation should not take status identification as the sole premise, but should shift from a status-based orientation to a service-based orientation, and respond to the diversified changes of labor forms through multi-factor judgment and typified adjustment.</jats:p>