[China] Landmark gig worker labour rights rules drafted

In China, the government has drafted its first departmental rules on gig workers’ labour rights. They strengthen protections for platform-based flexible employees such as food delivery riders, Sixth Tone reports.

On October 8, the Ministry of Human Resources and Social Security released the draft. It will remain open for online public feedback until November 8. 

The proposal comes at a time of increasing flexible employment growth in China. The number of people in flexible employment - including those who rely on online platforms to earn a living - is projected to reach 320 million this year, according to the China New Employment Research Center. 

Gig work has received criticism for subjecting workers to excessive hours, deceptive algorithms, and gaps in social security coverage.

China reportedly introduced its first guidelines clarifying platforms’ responsibilities toward gig workers around employment, pay, social security, and workplace safety. In 2024, it issued related guiding cases, and in July this year, it expanded occupational injury insurance for gig workers. 

The new draft requires platforms and their partner businesses to sign labour contracts with workers which meet the legal criteria for employment relationships, such as full-time employees. It excludes people who use online platforms to run their own businesses independently or offer freelance services on their own terms.

For workers in more flexible arrangements, such as part-time work or work across multiple platforms, the platforms will be required to sign written employment agreements specifying pay, labour protections, and liability for breaking the agreement, among others. When platform companies and partner businesses jointly manage workers, all three parties must sign a written agreement. 

In addition, the draft reportedly clarifies dispute resolution procedures. Platforms bear primary responsibility for overseeing partner businesses’ employment practices, and workers involved in legal disputes may name both the platform and its partner as parties to a case. When workers challenge pay, working hours, performance reviews, or account bans, companies must investigate and respond within 48 hours.

Human review will be required for decisions with “significant consequences for workers,” including suspending work assignments or banning accounts.

Under the draft, employers will face legal responsibilities and penalties for violations under existing legislation. Employers may, for example, be required to pay outstanding wages, overtime pay, or economic compensation. Should wages fall below the local minimum wage, employers must pay the difference.

Source: Sixth Tone

(Link via original reporting)

In China, the government has drafted its first departmental rules on gig workers’ labour rights. They strengthen protections for platform-based flexible employees such as food delivery riders, Sixth Tone reports.

On October 8, the Ministry of Human Resources and Social Security released the draft. It will remain open for online public feedback until November 8. 

The proposal comes at a time of increasing flexible employment growth in China. The number of people in flexible employment - including those who rely on online platforms to earn a living - is projected to reach 320 million this year, according to the China New Employment Research Center. 

Gig work has received criticism for subjecting workers to excessive hours, deceptive algorithms, and gaps in social security coverage.

China reportedly introduced its first guidelines clarifying platforms’ responsibilities toward gig workers around employment, pay, social security, and workplace safety. In 2024, it issued related guiding cases, and in July this year, it expanded occupational injury insurance for gig workers. 

The new draft requires platforms and their partner businesses to sign labour contracts with workers which meet the legal criteria for employment relationships, such as full-time employees. It excludes people who use online platforms to run their own businesses independently or offer freelance services on their own terms.

For workers in more flexible arrangements, such as part-time work or work across multiple platforms, the platforms will be required to sign written employment agreements specifying pay, labour protections, and liability for breaking the agreement, among others. When platform companies and partner businesses jointly manage workers, all three parties must sign a written agreement. 

In addition, the draft reportedly clarifies dispute resolution procedures. Platforms bear primary responsibility for overseeing partner businesses’ employment practices, and workers involved in legal disputes may name both the platform and its partner as parties to a case. When workers challenge pay, working hours, performance reviews, or account bans, companies must investigate and respond within 48 hours.

Human review will be required for decisions with “significant consequences for workers,” including suspending work assignments or banning accounts.

Under the draft, employers will face legal responsibilities and penalties for violations under existing legislation. Employers may, for example, be required to pay outstanding wages, overtime pay, or economic compensation. Should wages fall below the local minimum wage, employers must pay the difference.

Source: Sixth Tone

(Link via original reporting)