Office of the Committee on Social and Legal Affairs of the National Committee of the Chinese People's Political Consultative Conference: Developing New Forms of Employment Requires Strengthening the Rule of Law Guarantee

Employment is the foundation of people's livelihood. In recent years, with the deepening of a new round of technological revolution and industrial transformation, information technologies such as mobile internet, big data, and artificial intelligence have been widely applied. New business forms and models such as the sharing economy and platform economy have continuously emerged, and new employment positions such as food delivery riders, couriers, ride-hailing drivers, and online streamers have grown rapidly. General

就业是民生之本。近年来，随着新一轮科技革命和产业变革深入发展，移动互联网、大数据、人工智能等信息技术广泛应用，共享经济、平台经济等新业态、新模式不断涌现，外卖骑手、快递小哥、网约车司机、网络主播等新就业岗位迅速增长。习近平总书记多次亲切看望新就业形态劳动者群体，称赞他们是“勤劳的小蜜蜂”，是“美好生活的创造者、守护者”。当前，新就业形态已成为覆盖经济社会各领域、关系国计民生各方面、影响亿万百姓工作生活的重要就业方式。

I. Workers in New Forms of Employment Have Become an Important Force Driving Development

一、新就业形态劳动者已成为推动发展的重要力量

Workers in new forms of employment refer to those who rely on internet platforms for their jobs, mainly including online delivery workers, ride-hailing drivers, and internet marketers. They have become an important component of China’s workforce. According to the results of the ninth national survey on the status of the workforce in 2023, the total number of workers nationwide is approximately 402 million, of which the number of workers in new forms of employment has reached 84 million, accounting for 21 percent of the total workforce, with the majority being young workers under the age of 35. New forms of employment provide more workers with new employment options and new career tracks, playing a significant role in safeguarding employment, stabilizing employment, and expanding employment.

新就业形态劳动者是指依托互联网平台就业的人员，主要包括网约配送员、网约车驾驶员、互联网营销师等，他们已成为我国职工队伍的重要组成部分。2023年第九次全国职工队伍状况调查结果显示，全国职工总数有4.02亿人左右，其中新就业形态劳动者数量达8400万人，占职工总数的21%，多数是35岁以下的年轻劳动者。新就业形态为越来越多劳动者提供了就业新选择和职业新赛道，在保就业、稳就业、扩就业中发挥了重要作用。

New forms of employment involve many industries such as catering, express delivery, logistics, healthcare, education, and retail. The abundance of job opportunities promotes the interconnection and interoperability of various types of talent supply, facilitates the online flow of labor, and deepens cooperation in the industrial chain, becoming an important channel for increasing workers’ income. In certain fields, the average monthly income of workers in new forms of employment is higher than that of workers in traditional flexible employment. Among them, the average hourly income of workers who operate independently on platforms is higher than that of workers employed by units. New forms of employment also increase employment opportunities for groups such as low-income individuals, those facing employment difficulties, and rural migrant labor.

新就业形态涉及餐饮、快递、物流、卫生、教育、零售等许多行业，丰富的就业岗位促进了各类人才供给的互联互通，促进了劳动力的线上流动和产业链的深化合作，成为增加劳动者收入的重要渠道。在某些领域，新就业形态劳动者的平均月收入高于传统灵活就业劳动者的平均月收入，其中依托平台自主经营劳动者的平均小时收入高于单位劳动者的平均小时收入。新就业形态还为低收入人群、就业困难人员、农村转移劳动力等群体增加了就业机会。

Unlike traditional employment methods, new forms of employment have significant characteristics such as flexible labor relations, diverse work content, elastic working methods, and interconnected entrepreneurial opportunities. Against the backdrop of China having entered a stage of deep integration of the internet, big data, artificial intelligence, and the real economy, new forms of employment are reshaping traditional occupations and positions, expanding the scope of allocation of employment resources, breaking the temporal and spatial constraints of employment, opening up new spaces in the job market, and changing traditional employment concepts and methods. Significant changes have occurred in terms of total employment, structure, and types. In particular, under new forms of employment, workers’ initiative, enthusiasm, and creativity have been greatly enhanced, becoming an important driving force for stimulating social innovation, entrepreneurship, and creativity. Many small and micro enterprises have seized the “internet plus” opportunity to achieve innovative development and transformation and upgrading. An increasing number of workers in new forms of employment, based on their own abilities, interests, time, and social resources, participate in platform-contracted work as self-employed individuals, finding new ways to achieve self-fulfillment and realizing their life dreams and self-worth.

不同于传统就业方式，新就业形态具有劳动关系灵活、工作内容多样、工作方式弹性、创业机会互联等显著特点。在我国已进入互联网、大数据、人工智能和实体经济深度融合阶段的背景下，新就业形态正在对传统职业和岗位进行重塑，扩大了就业资源的配置范围，打破了就业的时空限制，开辟了就业市场新空间，改变了传统就业理念和就业方式，就业总量、结构、类型等方面出现重大变化。特别是在新就业形态下，劳动者积极性主动性创造性得到极大提升，成为激发社会创新创业创造的重要动力。很多小微企业抓住“互联网+”机遇，实现了创新发展和转型升级。越来越多的新就业形态劳动者根据自己的能力、兴趣、时间和社会资源，以自雇身份参与平台发包工作，找到自我实现的新途径，实现了人生梦想和自身价值。

II. Viewing the Prominent Problems in New Forms of Employment from a Developmental Perspective

二、用发展的眼光看待新就业形态存在的突出问题

While new forms of employment play an important role in stabilizing growth and employment, they have also given rise to problems such as low employment quality in some industries, insufficient protection of workers’ rights and interests, and an incomplete relevant legal and regulatory system.

新就业形态在稳增长稳就业等方面发挥重要作用的同时，也出现了部分行业就业质量不高、劳动者权益保障不够、相关法律法规体系不完备等问题。

Digital management may lead to algorithmic dilemmas. Various internet platforms are the main “containers” for new forms of employment. Platform enterprises use advanced technologies such as big data for human resource management, greatly improving management efficiency, reducing management costs, and promoting the development of the platform economy and the expansion of employment scale. At the same time, it must be noted that platform enterprises possess monopolistic positions and advantages in information asymmetry. There are problems such as unilaterally formulating data algorithm rules, low worker participation, insufficient industry supervision, and numerous labor-capital conflicts. In 2024, courts nationwide concluded over 80,000 first-instance civil cases involving new forms of employment, covering social insurance disputes, insurance contract disputes, traffic accident liability disputes, and other aspects. Under “algorithmic control,” some workers in new forms of employment have a weak sense of professional identity, pride, and belonging, and negative emotions have accumulated. Furthermore, workers in new forms of employment lack effective channels to express their demands and have relatively weak capacity to defend their rights.

数字化管理可能带来算法困境。各类互联网平台是新就业形态的主要“容纳器”。平台企业利用大数据等先进技术进行人力资源管理，大大提高了管理效率，降低了管理成本，促进了平台经济的发展和就业规模的扩展。同时也要看到，平台企业拥有垄断地位和信息不对称优势，存在单方面制定数据算法规则、劳动者参与度低、行业监管不够到位、劳资矛盾较多等问题。2024年，全国法院审结一审涉新就业形态民事案件超8万件，涉及社会保险纠纷、保险合同纠纷、交通事故责任纠纷等多个方面。身处“算法控制”之下，部分新就业形态劳动者的职业认同感自豪感归属感不强，负面情绪有所积累。此外，新就业形态劳动者还缺乏有效表达诉求的渠道，维权能力相对较弱。

Protecting the rights and interests of workers in new forms of employment is difficult. Workers in new forms of employment often need to be on call and work at any time, with long working hours and high labor intensity, making it difficult to obtain normal rest and enjoy regular leave. “Working all year round without rest, eating irregular meals, and constantly on the move” is the norm, especially during online shopping peaks such as “618” and “Double 11,” [1]1 “618” and “Double 11” are major annual online shopping festivals in China, initiated by e-commerce platforms JD.com and Alibaba respectively, characterized by massive sales and promotional campaigns. when delivery workers may even have to work through the night. Under new forms of employment, labor relations exhibit complexity and diversity, workers face greater occupational risks and uncertainty, and the protection of rights and interests faces many bottlenecks that urgently need to be resolved. Due to the characteristics of new forms of employment, such as ambiguous labor relations, high worker mobility, and flexible working hours, many workers in new forms of employment have not been included in the existing social security systems such as old-age insurance and medical insurance, resulting in relatively low participation rates. When workers in new forms of employment encounter risks such as illness or work-related injuries, they receive insufficient social security, and their own economic burden and life pressure are relatively high. According to relevant survey research, the participation rate of flexible employment personnel in China in urban employee basic old-age insurance and medical insurance is only about 50 percent, far lower than that of contract workers. Since July 2022, seven provinces and cities, including Beijing, Shanghai, and Jiangsu, have begun piloting occupational injury protection for workers in new forms of employment, exploring and innovating a protection model of “pay-per-order,” which has achieved good results but still requires continuous optimization.

新就业形态劳动者权益保障难度大。新就业形态劳动者往往需要随时待命、随时工作，工作时间长、劳动强度大，难以得到正常的休息和享受正常的休假。“四季无休、三餐不定、两腿不停”是工作常态，特别是在“618”、“双11”等网购高峰期，快递小哥甚至要通宵工作。新就业形态下劳动关系呈现复杂性和多样性，劳动者有着更大的职业风险和不确定性，权益保障面临许多亟待解决的瓶颈问题。由于新就业形态具有劳动关系模糊、劳动者流动性强、工作时间灵活等特点，许多新就业形态劳动者没有被纳入现有的养老保险、医疗保险等社会保障体系，参保率比较低。新就业形态劳动者在遭遇疾病、工伤等风险时，获得社会保障不足，自身经济负担和生活压力相对较大。据相关调查研究显示，我国灵活就业人员参加城镇职工养老保险、医疗保险的比例仅为50%左右，远低于劳动合同工的参保比例。自2022年7月起，北京、上海、江苏等7省市开始试点新就业形态就业人员职业伤害保障，探索创新“按单缴费”的保障模式，取得良好效果，但仍需持续优化。

The current legal and regulatory system cannot fully adapt to the development needs of new forms of employment. The Party and the state attach great importance to supporting, guiding, and regulating the development of new forms of employment, and have issued a series of policy documents in recent years. For example, the General Office of the State Council issued the “Guiding Opinions on Promoting the Standardized and Healthy Development of the Platform Economy,” eight departments including the Ministry of Human Resources and Social Security jointly issued the “Guiding Opinions on Safeguarding the Labor Security Rights and Interests of Workers in New Forms of Employment,” and the General Office of the Ministry of Human Resources and Social Security issued the “Guidelines on Safeguarding the Rights to Rest and Labor Remuneration of Workers in New Forms of Employment.” Various localities have introduced corresponding policy measures for flexible employment to strengthen the standardized management of new forms of employment. At the same time, it must be noted that the current level of support for the development of new forms of employment is still insufficient, and the effectiveness of policies remains relatively limited. China’s Labor Law, Labor Contract Law, Employment Promotion Law, and Law on Mediation and Arbitration of Labor Disputes were enacted relatively early. The social context at that time was vastly different from the current era of the digital economy, particularly in terms of the breadth and depth of marketization of labor employment and the flexibility of labor employment models. The current laws lag behind practical development. Important legal concepts and rights and obligations relationships concerning new forms of employment have not yet been clarified, making it difficult to effectively respond to the many challenges brought about by the development of new forms of employment.

现行的法律法规体系还不能完全适应新就业形态发展需要。党和国家高度关注支持、引导、规范新就业形态发展，近年来出台了一系列政策文件。例如，国务院办公厅印发《关于促进平台经济规范健康发展的指导意见》，人力资源和社会保障部等8部门联合印发《关于维护新就业形态劳动者劳动保障权益的指导意见》，人力资源和社会保障部办公厅印发《新就业形态劳动者休息和劳动报酬权益保障指引》等，各地针对灵活就业出台相应的政策措施，加强对新就业形态的规范管理。同时也要看到，目前对于新就业形态发展的支持力度仍显不足，政策效力还相对有限。我国的劳动法、劳动合同法、就业促进法、劳动争议调解仲裁法等法律制定时间较早，当时的社会背景与当前数字经济时代相比有着天壤之别，特别是在劳动用工市场化的广度和深度、劳动用工模式的灵活性等方面有很大区别。现行法律滞后于实践发展，对一些涉及新就业形态的重要法律概念、权利义务关系等尚未明确，难以有效回应新就业形态发展带来的诸多挑战。

Overall, as a new phenomenon, new forms of employment contain both development trends and strong vitality, as well as new problems and challenges that accompany them. We must conform to historical trends, view new forms of employment from a developmental perspective, accurately identify issues that urgently need regulation, follow up with effective management services and legal safeguards, and promote the high-quality development of new forms of employment.

总的来看，新就业形态作为新生事物，既蕴含着发展的趋势和旺盛的生命力，也有相伴而生的新问题和新挑战。我们要顺应历史趋势，用发展的眼光看待新就业形态，找准亟须规范的问题，跟进做好管理服务工作和法治保障工作，推动新就业形态高质量发展。

III. Using the Rule of Law to Support and Regulate the Development of New Forms of Employment

三、运用法治方式支持和规范发展新就业形态

The problems in the development of new forms of employment fundamentally stem from institutional construction lagging behind practice. General Secretary Xi Jinping emphasized that although new business forms are latecomers, legal regulation should not be delayed; it must keep up with research in a timely manner, promptly fill legal shortcomings, and continuously improve amid changes. The rule of law is the fundamental way of governing the country. We must give full play to the safeguarding role of the rule of law in consolidating foundations, stabilizing expectations, and benefiting the long term, persist in using the rule of law to support and regulate the development of new forms of employment, and continuously solve problems in reform and development.

新就业形态发展中的问题，根本上在于制度建设滞后于实践。习近平总书记强调，新业态虽是后来者，但依法规范不要姗姗来迟，要及时跟上研究，把法律短板及时补齐，在变化中不断完善。法治是治国理政的基本方式，要发挥好法治固根本、稳预期、利长远的保障作用，坚持运用法治方式支持和规范发展新就业形态，不断破解改革发展难题。

Innovate regulatory models and means. Platform enterprises must be urged to actively assume social responsibilities. Through laws, regulations, and policies, detailed provisions should be made regarding enterprises’ employment responsibilities, clarifying labor standards such as maximum working hours and minimum wages, specifying the allocation of responsibilities under different forms of employment, improving industry norms, and guiding platform enterprises to employ workers in compliance with the law. Adopting an open and inclusive attitude, reasonable regulation of platform enterprises’ algorithms should be carried out, enhancing the transparency, explainability, and fairness of algorithm design, preventing industry-wide “involution” [2]2 “Involution” (内卷, nèijuǎn) refers to a state of excessive competition within a closed system, where individuals or entities expend increasing effort for diminishing returns, often used in Chinese discourse to critique zero-sum dynamics in industries or education., and confining labor management algorithms within a “legal cage.” Explore the establishment of new “Internet+” regulatory models based on artificial intelligence and big data, promote data interconnection and intercommunication between government departments and platform enterprises, improve collaborative governance mechanisms involving multiple participants, introduce multi-department coordinated law enforcement measures, regularly assess platform enterprises’ performance of their responsibilities, form a synergy in regulation, and avoid fragmented enforcement, each acting on its own, and regulatory gaps.

创新监管模式手段。要推动平台企业积极承担社会责任，通过法律法规和政策对企业的用工责任进行详细规定，明确最高工作时间、最低工资等劳动标准要求，明确不同用工形式下的责任分担，完善行业规范，指导平台企业依法合规用工。秉持开放包容的态度，对平台企业的算法进行合理规范，增强算法设计的透明度、可解释性和公平性，防止行业性“内卷”，把劳动管理算法关进“法治笼子”。探索建立基于人工智能、大数据的“互联网+”监管新模式，推动政府部门与平台企业数据互联互通，完善多方参与的协同治理机制，出台多部门协同执法办法，定期评定平台企业履责情况，形成监管合力，避免多头执法、各自为政、监管空白。

Safeguard workers’ rights and interests in accordance with the law. Multiple means must be adopted to protect the legitimate rights and interests of workers in new forms of employment, such as couriers, gig workers, and truck drivers. The protection of rights and interests for workers in new forms of employment covers all aspects of workers’ rights. It is essential to grasp the key link of labor relations, accurately understand the interest demands of workers in new forms of employment across different industries, formulate differentiated and personalized strategies for rights protection, exert efforts simultaneously at multiple links, and implement precise, category-based policies. Improve the multi-tiered social security system, explore and trial social insurance contribution methods adapted to new forms of employment, introduce different types of social insurance products, and further increase workers’ insurance participation rates. On the basis of pilot programs, actively and orderly expand occupational injury protection for workers in new forms of employment. Relevant departments should intensify efforts to crack down on acts infringing upon workers’ rights and interests, explore the establishment of diversified dispute resolution mechanisms, smooth channels for appeals and rights protection, and guide workers to lawfully and reasonably defend their rights. Treat workers in new forms of employment as a key group for legal aid, provide more precise and convenient legal support, and help workers whose rights have been damaged obtain timely legal remedies.

依法保障劳动者权益。要采取多种手段维护好快递员、网约工、货车司机等新就业形态劳动者群体的合法权益。新就业形态劳动者权益保障覆盖劳动者各方面权益，必须抓住劳动关系这个关键环节，准确把握不同行业新就业形态劳动者的利益诉求，制定具有差异性和个性化的权益保障策略，多环节同时发力，精准分类施策。健全多层次的社会保障体系，探索试行适应新就业形态的社会保险缴费方式，推出不同种类的社会保险产品，进一步提升劳动者的参保率。在试点的基础上，积极有序扩大新就业形态就业人员职业伤害保障。相关部门要加大对侵害劳动者权益行为的打击力度，探索建立多元纠纷化解机制，畅通申诉维权渠道，引导劳动者依法合理维权。将新就业形态劳动者作为法律援助的重点群体，提供更加精准便捷的法律支持，帮助权益受损劳动者及时得到法律救济。

Strengthen care and service guarantees. Rely on Party building work to strengthen service guarantees, promote the deep integration of Party building with new forms of employment, shift from tangible coverage to effective coverage, explore effective new models of Party building work, and strive to create a social atmosphere of understanding, respect, and care for workers in new forms of employment. Incorporate workers in new forms of employment into the scope of public employment services, strengthen vocational training, offer free vocational training courses, improve vocational skills, and provide more stable development space. Closely combine the unique advantages of workers in new forms of employment with the practical needs of grassroots governance, guide and encourage workers in new forms of employment to actively participate in industry governance and urban grassroots governance, making them an important force in social governance. Fully leverage the active role of trade union organizations at all levels, improve collective consultation and coordination mechanisms, perfect the system of workers’ congresses for workers in new forms of employment, promote the construction of harmonious labor relations, help resolve urgent, difficult, and anxious problems, and ensure that workers can hear the voice of trade unions, see the presence of trade unions, and feel the warmth of trade unions.

强化关爱服务保障。要依托党建工作强化服务保障，推进党建工作与新就业形态深度融合，从有形覆盖向有效覆盖转变，探索行之有效的党建工作新模式，着力营造理解、尊重、关爱新就业形态劳动者的社会氛围。将新就业形态劳动者纳入公共就业服务范围，加强职业培训，开设免费职业培训课程，提高职业技能，提供更稳定的发展空间。把新就业形态劳动者的独特优势和基层治理的现实需求紧密结合，引导鼓励新就业形态劳动者积极参与行业治理和城市基层治理，使其成为社会治理的重要力量。充分发挥各级工会组织的积极作用，完善集体协商协调机制，健全新就业形态劳动者职工代表大会制度，推动构建和谐劳动关系，帮助解决急难愁盼问题，让劳动者听得到工会声音、看得到工会身影、感受得到工会温暖。

Improve the system of laws and regulations. Adhere to viewing new things with a developmental perspective, closely monitor the development trends of new forms of employment, balance regulation and incentives, protection and promotion, focus on key areas, and conduct pilot projects first. On the one hand, follow the general requirements of the reform and development of China’s labor and employment system; on the other hand, respond to the “newness” of new forms of employment, and promptly elevate regulations, practices, experiences, and other achievements that are effective and conform to the particularities of new forms of employment in practice into law. When the time is ripe, timely revise laws such as the Labor Law, the Labor Contract Law, the Employment Promotion Law, and the Law on Mediation and Arbitration of Labor Disputes. Through unified national legislation, clarify the nature, constituent elements, identification standards, and measures for protecting workers’ rights and interests in labor relations under new forms of employment, ensure the connection between the legal level, the administrative regulation level, and the industry management level, provide authoritative and consistent legal basis for the development of new forms of employment, and promote the mutual reinforcement of high-quality development of new forms of employment and the protection of workers’ rights and interests.

健全法律法规体系。要坚持用发展的眼光看待新生事物，密切关注新就业形态发展态势，兼顾规范和激励、保护和促进，聚焦重点，先行先试。既要遵循我国劳动就业制度改革发展的一般要求，又要呼应新就业形态之“新”，及时把实践中符合新就业形态特殊性且行之有效的规定、做法和经验等成果上升为法律。在时机成熟时适时修订劳动法、劳动合同法、就业促进法、劳动争议调解仲裁法等法律，以全国统一立法的形式，明确新就业形态劳动关系的性质、构成要件、认定标准以及劳动者权益保障措施，做好法律层面、行政法规层面以及行业管理层面的衔接，为新就业形态发展提供权威性、一致性的法律依据，推动新就业形态高质量发展和劳动者权益保障互促共进。

Online editor: Tongxin

网络编辑：同心