Volume 14, Issue 2
1.Institute of BRI, Yili Normal University, Yining Xinjiang, 835000, P.R.China
234.234 School of Labour and Human Resources, Renmin University of China, Beijing 100872, P.R.China
Published： 30 December 2023 ，
Full txt
Tu Yongqian,Liu Ruoxi,Qin Jiayin,et al.Platform Employment Relations in Present China: Problems, Symptoms and Realistic Paths[J].Journal of Chinese Human Resources Management,2023,14(02):79-100.
Tu Yongqian,Liu Ruoxi,Qin Jiayin,et al.Platform Employment Relations in Present China: Problems, Symptoms and Realistic Paths[J].Journal of Chinese Human Resources Management,2023,14(02):79-100. DOI： 10.47297/wspchrmWSP2040-800506.20231402.
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.
Platform employmentOccupational injury protectionLabor dichotomy
Shi, S. K. (2000). The law of debt. China University of Political Science and Law Press.
Chen, H. (2022). Handbook of flexible employment for enterprises. People's Post and Telecommunications Publishing House.
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.
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
Chang, K. (2021). Characteristics of the nature of employment relationship of platform enterprises and its legal regulation. China Law Review, 8(40), 31-42.
Gai, J. H. (2018). The system design of the legal subject of "labor-like"under the sharing economy. Reform, 34(4), 102-109.
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
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
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.
Meituan Public Policy Research Center. (2022). Building exclusive insurance products for riders to help "new citizens" better integrate into urban life. Beijing.
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.
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
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.
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
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.
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.
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.
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
Xiao, Z. (2018). Theoretical reflection and alternative paths of the third category of workers. Global Law Review, 40(6), 79-100.
Xiao, Z. (2021). Theoretical explanation and system composition of the criteria for determining the subordination of labor relations. Law Science, 66(2), 160-176.
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.
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
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
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