China drafts labour rights rules for ride-hailing drivers, riders and similar workers
In short
China's Ministry of Human Resources and Social Security on October 8 published draft Measures on Protecting the Rights and Interests of Workers in New Forms of Employment, open for public comment until November 8. Xinhua reported that it is the first time China has used a departmental regulation to bring such workers, whose work is managed by companies but does not fully meet the conditions of a labour relationship, under labour law protection.
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China's Ministry of Human Resources and Social Security on October 8 published draft Measures on Protecting the Rights and Interests of Workers in New Forms of Employment and opened them to public comment until November 8, Xinhua reported. Xinhua said this is the first time China has used a departmental regulation to bring workers in new forms of employment under labour law protection where companies manage their work but the arrangement does not fully meet the conditions for establishing a labour relationship. CLS described the draft as concerning workers such as ride-hailing drivers and riders. [ 1 , 2 , 4 , 5 ]
According to Xinhua, the draft is adapted to the characteristics of new forms of employment and responds to these workers' concerns about labour protection. It sets out basic labour rights, regulates labour rules and algorithms, classifies and regulates the forms of employment companies use, sets channels for resolving labour disputes, and defines the regulatory duties of government departments and the legal liability for breaching the measures. [ 1 , 2 , 4 , 5 ]
CLS reported that the basic rights listed in the draft include equal employment and free choice of jobs, pay, rewards and penalties, working hours and work intensity, rest, occupational safety and health, protection in bad weather, vocational training, social insurance, personal information protection and collective bargaining, and that together they set a floor for these workers' working conditions. [ 2 ]
36Kr reported that the draft aims to protect the lawful rights of these workers, define the rights and obligations of platform companies, the companies that cooperate with platforms on employment, and the workers themselves, and support the healthy development of new forms of employment. It said the draft was prepared jointly by the Ministry of Human Resources and Social Security, the Ministry of Transport, the Ministry of Culture and Tourism, the National Health Commission, the State Administration for Market Regulation, the National Healthcare Security Administration and the Cyberspace Administration of China. [ 3 ]
During the comment period the public can submit views by logging on to the ministry's website, by letter or by email, according to Xinhua, China News Service and CLS. [ 2 , 4 , 5 ]
Why it matters
The draft sets minimum working conditions for workers such as ride-hailing drivers and riders, covering pay, working hours, rest, social insurance and the rules and algorithms platforms use to manage them. It also sets out regulatory duties and legal liability for violations, which would apply to platform companies and the firms that work with them.
Key facts
- The Ministry of Human Resources and Social Security published the draft Measures on Protecting the Rights and Interests of Workers in New Forms of Employment on October 8. [ 1 , 2 , 4 , 5 ]
- Public comment runs from October 8 to November 8. [ 1 , 2 , 4 , 5 ]
- Xinhua said it is the first time China has used a departmental regulation to bring workers in new forms of employment, whose work is managed by companies but does not fully meet the conditions for a labour relationship, under labour law protection. [ 1 , 4 , 5 ]
- CLS said the draft concerns workers such as ride-hailing drivers and riders. [ 2 ]
- The draft covers pay, rewards and penalties, working hours and intensity, rest, occupational safety, protection in bad weather, training, social insurance, personal data protection and collective bargaining, setting a floor for working conditions. [ 2 ]
- The draft regulates labour rules and algorithms, classifies company employment forms, sets dispute resolution channels, assigns regulatory duties and sets legal liability for violations. [ 1 , 2 , 4 , 5 ]
- According to 36Kr, seven agencies drafted it jointly, including the labour ministry, the Ministry of Transport and the Cyberspace Administration of China. [ 3 ]
- The public can submit comments through the ministry's website, by letter or by email. [ 2 , 4 , 5 ]
Confirmed by several sources
- The labour ministry published the draft measures on October 8 for public comment until November 8. [ 1 , 2 , 4 , 5 ]
- Xinhua and China News Service said it is the first time a departmental regulation brings workers in new forms of employment who lack a full labour relationship under labour law protection. [ 1 , 4 , 5 ]
- The draft covers basic labour rights, labour rules and algorithms, classification of employment forms, dispute resolution, regulatory duties and legal liability. [ 1 , 2 , 4 , 5 ]
- Comments can be submitted via the ministry's website, by letter or by email. [ 2 , 4 , 5 ]
Still unclear
- When the final measures will take effect. The documents give only the comment deadline, not a date for adoption or entry into force.
- Which agencies drafted the measures jointly. Only 36Kr lists the seven drafting agencies; the other outlets name only the labour ministry.
- The specific standards for pay, working hours and social insurance. The documents list the areas the draft covers but give no specific figures or thresholds.