Abstract: To address the limitations of the current concept of employment relationships and the rules on their determination, meet the regulatory needs arising from the rise of platform-based work, and correct biases in judicial practice, China must adopt legislation on guidelines for defining and determining 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. In constructing a rule system for defining and identifying employment relationships,  the characteristics of the digital era should taken into full consideration. Normative expressions should include legislation and administrative and judicial interpretations at various levels, and a balance should be found 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 has labor autonomy. 

Key Words: labor relations; employment relationships; worker; platform-based work; subordination

Author: research fellow, CASS Institute of Law;

Source: 10 (2024) Social Sciences in China.