China has released draft measures to strengthen the protection of working rights for people in new forms of employment, including ride-hailing drivers, food delivery workers and livestreamers.
The draft, jointly formulated by seven central government departments, including the Ministry of Human Resources and Social Security, the Ministry of Transport and the Ministry of Culture and Tourism, was released on Thursday for public comment through Nov 8.
The draft defines people in new forms of employment as internet-based workers who provide services under the labor rules and instructions of platforms and earn income from such work. Employers covered by the draft include internet platforms and labor outsourcing companies that cooperate with them.
Under the draft, employers must not adopt discriminatory hiring standards based on factors such as ethnicity, gender or religious beliefs. They are also prohibited from withholding workers' identity documents without authorization or charging workers money, except for reasonable deposits or rent for means of production.
Employers must pay workers' wages in full and on time in cash, and must not replace wage payments with reward points, goods or negotiable securities. The wage payment period must not exceed one month, and employers must not charge workers commission fees.
Employers should specify and make public the maximum daily and weekly working hours, set reasonable workloads and allow workers sufficient time to complete assigned tasks. Workers who work continuously for four hours should be given rest periods, while those working on official public holidays should receive higher pay.
The draft also calls for stronger protection of workers' personal safety during severe or extreme weather and requires employers to provide subsidies during periods of high temperatures. For workers covered by the nation's basic pension and medical insurance programs, employers should make the corresponding insurance contributions.
The draft also sets requirements for the use of algorithms by employers to prevent discrimination in the allocation of online orders and payments and to curb practices that could infringe on workers' rights.
If workers raise objections over payment, working hours, evaluation systems or platform penalties such as account suspension, employers should respond within 48 hours. Workers may also report violations or file complaints with local human resources and social security authorities.
Yao Junchang, a lawyer at Beijing-based W&H Law Firm, said the measures constitute administrative regulations and will have legal force once they take effect.
Wang Tianyu, a researcher at the Institute of Law under the Chinese Academy of Social Sciences, said platform-based employment has prospered in recent years, with the number of workers in the sector continuing to grow. It has played an active role in promoting employment, expanding people's income sources and improving the flexibility of the job market.
"However, problems such as wage arrears, unreasonable overwork, inadequate workplace safety protection and opaque algorithms have emerged and drawn public attention," he said, adding that such problems stem partly from the inability of existing labor protection regulations to fully cover new forms of employment.
The draft will help fill that gap, Wang said.
Huang Kun, a researcher at the Chinese Academy of Labour and Social Security, said technology should serve people and benefit society. As workers in new forms of employment have become a vital force in the development of the platform economy, employers should not sacrifice workers' rights in pursuit of growth.
"As new technologies such as the internet and AI are reshaping forms of production and employment, the draft is an important exploration of labor management and offers a reference for the management of platform-based labor worldwide," Huang said. "It offers a Chinese solution for promoting positive interaction between people and technology amid concerns over the technological revolution."
chengsi@chinadaily.com.cn