Platform Employment Relations in Present China: Problems, Symptoms and Realistic Paths

Along with the development of digital technology, the adjustment of industrial structure and the emergence of platform enterprises, "platform employment" has emerged as a new form of employment, which has played a positive role in stabilizing jobs and increasing residents' income. However, this new form of employment, which is flexible, elastic and diversified, also makes China's traditional labor relations recognition system and its corresponding labor protection laws and systems seem more and more inadequate. For this reason, some scholars have proposed the concept of "labor trichotomy", arguing that the traditional labor dichotomy should be used as a basis to develop the institutional space for a "third type of labor relations", treating platform workers as "employee-like" and constructing a related legal system. This paper argues that we should open up the institutional space of "third class labor relations" based on the traditional labor dichotomy, treat platform workers as "employee-like" and build a multi-level protection system. This paper argues that since there are many kinds of platform enterprises and the needs of platform employees are different, it is undoubtedly difficult to establish a third type of labor relations to regulate this new form of employment, with its operation difficult and its practicality doubtful. It is also difficult to achieve targeted protection for various types of platform employees. In line with the principle of "problem-oriented, urgent use first", the construction of the occupational injury protection system, which is the most important concern of platform employees, should be strengthened as soon as possible, and pilot work has been carried out by local governments and leading platform enterprises. In the future, the government should issue a national document on occupational injury protection system as soon as possible, and encourage platform enterprises and related organizations to build an occupational injury protection system suitable for their fields and industries.
[1]Shi, S. K. (2000). The law of debt. China University of Political Science and Law Press.
[2]Chen, H. (2022). Handbook of flexible employment for enterprises. People's Post and Telecommunications Publishing House.
[3]Bai, Y. L. (2022). Research on the construction of occupational injury protection system for employees in new business forms. Academic Journal of Zhongzhou, 44(07), 80-89.
[4]Research Group of Beijing First Intermediate People's Court. (2022). Qualitative study on the legal relationship of platform employment under the new employment pattern. People's Justice, 65(7), 11-19. https://doi.org/10.19684/j.cnki.1002-4603.2022.07.001
[5]Chang, K. (2021). Characteristics of the nature of employment relationship of platform enterprises and its legal regulation. China Law Review, 8(40), 31-42.
[6]Gai, J. H. (2018). The system design of the legal subject of "labor-like"under the sharing economy. Reform, 34(4), 102-109.
[7]Han, Y. (2022). Institutional construction of occupational injury protection for online workers. Jilin University Journal Social Sciences Edition, 62(03), 140-151+238. https://doi.org/10.15939/j.jujsse.2022.03.sh2
[8]Research Group of Suzhou Intermediate People's Court. (2022). Research report on the definition of legal relationship of labor employment in new employment pattern. People's Judicature, 65(7), 4-10. https://doi.org/10.19684/j.cnki.1002-4603.2022.07.005
[9]Lou, Y. (2021). The identification of new employment forms and the construction of labor rights protection system-A study based on comparative law. China Law Review, 8(4), 61-71.
[10]Meituan Public Policy Research Center. (2022). Building exclusive insurance products for riders to help "new citizens" better integrate into urban life. Beijing.
[11]Tu, Y. Q.(2017). A study on the definition of legal relationship between Uber-like platform-based enterprises and individual contractors. Social Scientist, 237(1), 109-114.
[12]Tu, Y. Q. (2018). Reconstruction of labor law system in response to flexible employment. China Legal Science, 35(5), 216-234. https://doi.org/10.14111/j.cnki.zgfx.2018.05.012
[13]Tu, Y. Q., & He, L. M. (2020). Digital economy, flexible employment and the response of social insurance law. Journal of Chongqing University of Technology (Social Science), 34(9), 102-111.
[14]Wang, L. M., & Shao, H. (2018). The dilemma, reflection and way out of the recognition of the status of online anchor workers. Presentday Law Science, 16(5), 3-14. https://doi.org/10.19510/j.cnki.43-1431/d.2018.05.001
[15]Wang, L. J., & Tu, Y. Q. (2022). On the improvement of social security system for flexibly employed people. Social Sciences in Guangdong, 39(6), 248-257+283.
[16]Wang, T. Y. (2020a). The path of "employee-like" interpretation and its normative system in the employment of Internet platform. Global Law Review, 42(3), 85-100.
[17]Wang, T. Y. (2020b). Beyond the "labor dichotomy": the basic position of legal regulation of platform employment. Journal of China University of Labor Relations, 34(4), 66-82.
[18]Wang, T. Y. (2023). The governance model of "labor trilogy" for platform employment. China Legal Science, 40(2), 266-284. https://doi.org/10.14111/j.cnki.zgfx.2023.02.014
[19]Xiao, Z. (2018). Theoretical reflection and alternative paths of the third category of workers. Global Law Review, 40(6), 79-100.
[20]Xiao, Z. (2021). Theoretical explanation and system composition of the criteria for determining the subordination of labor relations. Law Science, 66(2), 160-176.
[21]Zhang, C. G. (2018). A study on the current situation of employment and labor relations of the sharing-economy platform: A survey based on platforms in Beijing. Journal of China University of Labor Relations, 32(3), 61-70.
[22]Zhang, C. G., Chen, Y. R., & Xu, Y. (2022). Wage security for workers in new forms of employment: A case study of delivery riders. China Labor, 70(4), 21-36. https://doi.org/10.19390/j.cnki.chinalabor.2022.04.005
[23] Hall, J. V., & Krueger, A. B. (2017). An analysis of the labor market for Uber's driver-partners in the United States. ILR Review, 71(3), 705-732. https://doi.org/10.1177/0019793917717222