China proposes labor protections for 84 million platform workers

China's Ministry of Human Resources and Social Security has released a draft regulation aimed at protecting the rights of approximately 84 million workers in new employment forms, such as delivery riders, ride-hailing drivers, and live-streamers. The draft, open for public consultation until November 8, seeks to elevate labor protections from mere policy documents to departmental regulations.

The proposed rules address the issue of workers being “trapped in algorithms” by requiring companies to explain the principles and mechanisms of their algorithms. It prohibits algorithmic discrimination and mandates human review for significant decisions, such as account bans or task suspensions.

The regulation categorizes workers into three groups: those with a formal labor relationship under platform control, those with written service agreements without a formal labor relationship, and independent freelancers. It also prohibits platforms from using multi-layered subcontracting or inducing workers to register as individual businesses to evade employment responsibilities. Key protections include minimum wage standards that account for production costs, limits on excessive work intensity, and safeguards against weather-related risks.