Definition of Employment Relationships in the New Economy: Legal Challenges and Proposals for Reform
DOI:
https://doi.org/10.54691/hh95v276Keywords:
New employment forms; Employment relationship; Platform economy; Algorithmic management.Abstract
The rapid development of the digital economy, particularly the rise of platform-based business models, has posed significant challenges to the traditional theoretical and legal frameworks for determining employment relationships. In emerging work arrangements such as ride-hailing drivers and food delivery couriers, the relationship between workers and platform companies defies conventional classification. It neither fully aligns with standard employment relationships nor neatly fits into the category of civil contractual relationships. This legal ambiguity has sparked ongoing scholarly debates about the definition and criteria for the identification of employment relationships in the new economy. Through a systematic review of extant literature, this article synthesizes the predominant theoretical perspectives, prevailing legal standards, and practical dilemmas in the classification of platform-based work relationships. Furthermore, it explores potential pathways for legal and institutional reforms to address these challenges and ultimately ensure that regulatory frameworks evolve in tandem with the realities of the digital labor market.
Downloads
References
[1] Wang Xinquan, Labor law and social security law, Law Press, 2021, p152.
[2] Xu Zengpeng, The identificaiton of the labor relations on the flash delivery platform, China Law Review, 2018(6), pp 130-132.
[3] Hu Lei,The motivation for and governance of "de-laborization" in the network platform economy, Theory Monthly, 2019(9), pp 122-127.
[4] Ye Jiamin and Li Shaojun, Study on labor relationship identification criteria from the perspective of sharing economy —Take “weight order method” as the core approach, Hebei Law Science, 2020,38(11), pp 184-200.
[5] Wang Jian, The identification of the employees and the reconstruction of the labor relations on the application program, Lanzhou Academic Journal, 2019(6), pp 46-55.
[6] Tang Shuo, The identification of the subordination in labor relationship between the online vehicle drivers and the platform —— An empirical analysis based on the model of social alliance vehicle, Journal of Chongqing College of Electronic Engineering, 2021, 30(1), pp 27-33.
[7] Zhang Kunkun, The dilemma and response to the recognition of labor relations under platform algorithm control, Journal of Hubei Industrial Polytechnic, 2024,37(6), pp 46-49
[8] Wu Liping, The identification of labor relations for private car in the context of “internet plus”, Economic Forum, 2016(5), pp 148-151.
[9] Luo Huanxin, Dilemmas and solutions for the identification of labor relations in the field of algorithmic control, SJTU Law Review, 2023(2), pp 74-88.
[10] Jia Mengqi, Dilemmas and solutions for the labor rights in new paradigm of the internet, 2024, 44(9), pp 26-29.
[11] Jiao Yanhongm Rong Yaqi, The Practical Inspection, Dilemma Analysis and Standard Release of the Judicial Identification of Labor Relations of Crowdsourcing Riders under the Intervention of the Algorithm, Shandong Trade Unions Tribune, 2024, 30(5), pp 1-13.
[12] Tian Ye, The approach to control The algorithm of the labor platform, Contemporary Law Review, 2022 36(5), pp 133-144.
[13] Xiong Wang, The research on the identification of network anchors and platform labor relations, Mater’s degree thesis in Nanchang University, 2024.
[14] Yin Xiaolin, Construction of social security system for employees in new business forms under the background of digital economy, Journal of Hefei University of Technology (Social Sciences, 2023, 37(5), pp 42-50.
Downloads
Published
Issue
Section
License
Copyright (c) 2025 Scientific Journal Of Humanities and Social Sciences

This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.





