THE ALL-SEEING EYE: THE NEW DIGITAL PANOPTICISM AND THE CHALLENGES FOR LABOR LAW IN THE FACE OF ALGORITHMIC SUBORDINATION

Abstract

The late 18th century was marked by the conception of the panopticon — a model developed by Jeremy Bentham aimed at maximizing the surveillance and control of individuals via a central observation tower. Subsequently, Foucault expanded upon this concept with "panopticism," wherein surveillance extended beyond prison walls to regulate society as a whole, albeit indirectly. With the advent of digital technology and the Fourth Industrial Revolution, digital platforms facilitating service intermediation emerged, giving rise to so-called "platform workers"—a phenomenon sparking significant economic, legal, and social debate. From this perspective, this article employs a descriptive methodology with a qualitative approach—drawing on bibliographic, documentary, legislative, and jurisprudential research—to analyze the impact of this new employment relationship through the lens of labor law. It highlights a novel form of subordination known as "algorithmic subordination." Furthermore, the study examines the prevailing domestic case law, noting that platform workers operate under constant algorithmic surveillance and that the nature of their relationship with the platform remains a source of significant judicial disagreement, making it clear that these developments represent the greatest challenge facing labor law in the current century.