Social Sciences in China (Chinese Edition)

No. 10, 2024

Normative Expression of the Concept and Recognition of Employment Relationships in the Digital Era in China

(Abstract)

Xie Zengyi

To address the limitations of the current concept of employment relationships and its recognition rules, meet the regulatory needs arising from the rise of platform-based work, and correct biases in judicial practice, China must legislate guidelines for defining and recognizing employment relationships. The essential attribute of employment relationships remains subordination, with personal subordination at its core. Subordination can be examined from three perspectives: personal, economic, and organizational subordination, although these aspects often overlap and are not strictly distinct. The construction of a rule system for defining and identifying employment relationships should fully consider the characteristics of the digital era. Normative expressions should include legislation, administrative, and judicial interpretations at various levels, seeking a balance between certainty, stability and flexibility. In developing these rules, China should actively draw on useful experiences from abroad while leveraging existing local practical rules and resources. When determining employment relationships, the degree of subordination should be determined, and a substantive judgment should be made as to whether or not the worker possesses labor autonomy.