Study on the Protection of Rights and Interests of China’s Flexible Workers in the Digital Economy

Abstract

In the context of the digital economy, flexible employment has now become the primary pathway for both new entrants to the labor force and existing workers seeking employment in China, Platform-based flexible workers are facing urgent occupational challenges and a pressing need for improved job security and social protection. This paper first analyzes how the digital economy challenges the foundations of traditional employment and examines the current state of labor rights protection for China’s flexible workers. It then delves into the institutional dilemmas underlying the erosion of these rights, and finally proposes concrete measures to address these issues. The main argument is to improve legislation based on the principle of balanced protection, clearly define the “substantive subordination” standard for identifying employment relationships in the digital economy, and implement a judicial rule of “presumed employment relationship with reversed burden of proof,” thereby ensuring employers’ accountability. Addressing the rights protection of flexible workers cannot be achieved overnight; it requires theoretical research, practical validation and advancement, and institutional improvement-so as to strengthen flexible workers’ professional identity, sense of belonging, and sense of fulfillment.