The Ministry of Human Resources and Social Security has released a draft regulation for public comment, titled 'Measures for Protecting the Rights and Interests of New Employment Form Workers.' The consultation period is open from October 8 to November 8. The draft aims to establish baseline standards for labor conditions, covering areas such as compensation, working hours, safety, and social insurance.
The document explicitly addresses the rights of workers in new employment forms, including ride-hailing drivers, delivery personnel, and online streamers. It mandates that compensation for normal work must not fall below the local minimum wage. Furthermore, it requires that workers be provided with rest periods after four hours of continuous work and receive higher pay during public holidays or extreme weather conditions.
The draft introduces strict rules for platform companies regarding algorithmic management. It prohibits algorithmic discrimination and mandates that significant decisions, such as account bans or the cessation of order dispatches, must be subject to manual review rather than automated processes. Companies are also required to explain the basic principles of their algorithms to workers.
To address concerns regarding excessive fines, the regulation encourages positive incentives and prohibits the abuse of punitive measures. It also mandates the establishment of internal communication and appeal mechanisms. If a worker disputes issues related to pay, working hours, or account status, the platform is required to provide a manual response within 48 hours.
