By tf-lawyer.com In the new economic era, the rights and protections of a growing number of gig economy workers, such as delivery drivers and ride-hailing drivers, have garnered significant attention. The Central Committee of the Communist Party of China and the State Council have issued guidelines focused on improving the rights and services for these unique labor groups. A key point highlighted in these guidelines is the need to explore legislative measures for new forms of employment.
Yin Qia, Director of the Collective Contracts Department at the All-China Federation of Trade Unions, expressed that the main challenges currently faced are rooted in legal frameworks. “Workers on these new platforms typically do not have a direct employment relationship with the companies. The rights and obligations between workers and platforms are a legal grey area, which indicates a gap in current legislation. We are advocating for various measures, but without legal backing, it’s challenging to enforce obligations on platform companies regarding worker rights. This is precisely why the guidelines prioritize legislative action.”
The guidelines also emphasize the importance of facilitating the establishment of unions for gig economy workers and improving services to protect their rights. They encourage clear channels for expressing grievances, addressing urgent concerns faced by these workers.
Yin further explained, “Traditionally, when forming unions, workers are required to have employment contracts, establishing them as employees of the company, which then allows them to join the union. However, most gig workers do not have formal employment relationships with their platforms. In recent years, changes to the Trade Union Law have clarified the rights of platform workers to join unions. Building on this foundation, we are now able to incorporate gig workers into existing union structures, providing them with essential legal support. We are organizing collective negotiations with platform companies on issues such as commission rates, pricing, and rules for assignments and penalties, thus creating channels for workers to voice their concerns and resolve pressing issues.”
(Reported by CCTV journalists Gao Lei and Miao Yimeng)
