Regulating on-demand work in China: just getting started?

Lin, O. (2022) Regulating on-demand work in China: just getting started? Industrial Law Journal, 51(2), pp. 435-463. (doi: 10.1093/indlaw/dwab011)

Abstract

In China, a significant and rising number of workers are engaged in on-demand work. The legal status of on-demand workers has been widely debated, and it seems that the vast majority are not protected by labour law, since the law accords rights only to those workers with ‘labour relationships’. While there is widespread consensus in China that on-demand workers need more protection, steps taken in that direction to date have been small indeed. This paper seeks to explain the current legal situation of Chinese on-demand workers by outlining the responses to the spread of on-demand work of the judicial and arbitration system, national government, trade unions and workers themselves. Addressing the question why on-demand workers have not yet been accorded labour protections, it points in particular to the national government’s concern to maintain high levels of employment and ensure economic growth.

• Item Type: Articles
• Additional Information: This paper received funding from the European Research Council (ERC) under the European Union’s Horizon 2020 research and innovation programme (grant agreement no 757395) and from the Ministry of Education of the People’s Republic of China under Humanities and Social Science Project (grant agreement no 17YJCZH105).
• Status: Published
• Refereed: Yes
• Glasgow Author(s) Enlighten ID: Lin, Dr Ou
• Authors: Lin, O.
• College/School: College of Social Sciences > School of Law
• Journal Name: Industrial Law Journal
• Publisher: Oxford University Press
• ISSN: 0305-9332
• ISSN (Online): 1464-3669
• Published Online: 17 May 2021
• Copyright Holders: Copyright © 2021 The Author
• First Published: First published in Industrial Law Journal 51(2): 435-463
• Publisher Policy: Reproduced under a Creative Commons License

Project Code	Award No	Project Name	Principal Investigator	Funder's Name	Funder Ref	Lead Dept
302380		Work on Demand: Contracting for Work in a Changing Economy	Ruth Dukes	European Research Council (ERC)	757359	Law