Seven departments released the Measures for Safeguarding the Rights and Interests of Workers in New Forms of Employment (Draft for Comments)

On 8 October 2026, the Ministry of Human Resources and Social Security released the Measures for Safeguarding the Rights and Interests of Workers in New Forms of Employment (Draft for Comments) (the “Draft Measures”), jointly drafted with six other departments, for public comment until 8 November 2026. The Draft Measures would, for the first time in the form of departmental regulation, bring workers who are subject to employment management but do not fully meet the criteria for establishing an employment relationship within the employment law framework. They address basic employment rights, platform rules and algorithms, forms of engagement, dispute resolution and enterprise responsibilities.

On 8 October 2026, seven departments, including the Ministry of Human Resources and Social Security, jointly released the Draft Measures for public comment until 8 November 2026. The Draft Measures classify new forms of employment into different categories and require employment contracts, written employment agreements or tripartite agreements depending on the nature of the employment arrangement.

The Draft Measures also establish minimum standards for remuneration, working time and rest. Remuneration may not fall below the local minimum wage standard after taking into account reasonable costs borne by workers. Enterprises should reasonably determine maximum working hours, provide appropriate rest after four consecutive hours of work, pay higher remuneration for work on statutory holidays, and avoid abusing punitive measures such as fines, downgrading or account suspension.

In addition, the Draft Measures strengthen regulation of platform rules and algorithms. Decisions materially affecting workers, such as suspension of task allocation or account blocking, generally may not be made solely through algorithms and should be subject to human review. Platform enterprises are also prohibited from avoiding employment responsibilities through arrangements such as multi-layer subcontracting or inducing workers to register as individual businesses.

Key Action Points

The Draft Measures clarify enterprises’ obligations regarding remuneration, working hours, rest periods, occupational safety, social insurance and personal information protection. They also regulate platform employment rules and algorithms, require human review of certain significant decisions, and specify that enterprises shall bear tort liability for third-party damages caused by workers in the performance of their duties, subject to recourse against workers for intentional misconduct or gross negligence. The Draft further addresses employment classification, written agreements and dispute resolution.