Professor Xie Znengyi: The Traditional Theory of Determination of Labor Relations and the Legal Status of Platform Workers

The traditional concept and theory of determination of labor relations emphasize the employee’s “personal dependence” and “economic dependence”. This concept and theory have evolved from the practice of labor relations in factories in the industrialization era, but they are very flexible and adaptable. Against the background of platform work, they are confronted with great challenges, but they not completely out of date and still applicable to platform work. At the same time, in light of the new characteristics of platform work, the method of determination of labor relations should be updated and improved. As for the status of platform workers, it should be determined on the basis of all facts and factors in each individual case and more emphasis should be put on the substantive nature of “subordination”, rather than its form. Moreover, the working time and income source of platform workers, and the necessity of social protection for them should also be taken into account. China can define the concept and multi-factor test of determination of labor relations in the judicial interpretation of the Supreme People's Court. At present, it is not necessary to formulate specific labor law rules for platform workers. In addition to labor law, social insurance system, regulation of platform and other measures should be put in place to protect platform workers.