How to protect their rights and interests as they are -convenient to others–

In recent years, the explosion of the “internet plus” platform economy has given rise to a myriad of new job categories, including online streamers, delivery drivers, and rideshare drivers. Current estimates suggest that around 84 million workers in China are now engaged in these emerging roles. While these individuals play a crucial role in enhancing our daily convenience, it often comes with significant sacrifices regarding their rights and protections.

As a reporter for Changsha Evening News, I embarked on an investigation into how the rights of these workers in new employment categories are being safeguarded. The situation is complicated by ambiguous labor relationships, an absence of regulatory standards for platform work, and inadequate protective measures for these employees. Many of them face vulnerabilities, particularly concerning job-related injuries and the legal recognition of their employment status.

**Online Streamers: The Shiny Surface Masks Legal Struggles**

The live-streaming industry has seen explosive growth, leading to innovative formats and considerable wealth for top performers. However, countless streamers do not share in this glamorous success and instead grapple with hefty legal issues.

Consider the case of Xiao Mei, who signed a management agreement with a media company in Changsha in August 2021. This contract designated the firm as her management entity for live-streaming on specific platforms. After leaving the company in May 2022, a dispute arose about the nature of their working relationship, prompting her to sue for legal recognition of her labor status.

The court confirmed that the contract contained specific provisions relating to the streaming platform, content, revenue distribution, and other key factors, thus establishing a labor relationship. Judge Tan Xiaosong highlighted that Xiao Mei was indeed performing paid labor dictated by the company, indicating an employer-employee dynamic.

This case serves as a cautionary tale for those in newer employment forms to stay informed about their legal rights and to preserve evidence when forming their labor relationships. Not all online streamers have well-defined labor relationships with their platforms or agencies, which can lead to various levels of control and dependence. Even when a labor relationship isn’t explicitly defined, protections—like minimum wage guarantees, adequate breaks, and access to social insurance—should still be available to these digital workers.

**Delivery Drivers: Maneuvering a High-risk Landscape**

Delivery drivers navigate city streets to provide swift service, yet they face substantial risks. Traffic accidents, falls, and other incidents are all too common in this line of work.

For example, Mr. Li worked for a tech company delivering food, earning a reasonable monthly income despite the tough conditions. However, after he suffered injuries in a traffic accident in September 2022, he found himself entangled in a legal battle regarding his employment status.

Initially regarded as having a service relationship with the company, the court ultimately classified their connection as one of labor due to the management and economic dependencies involved. This classification is significant; many companies outsource delivery while attempting to evade labor responsibilities.

One judge addressing such cases recommended that thorough examinations of the relationships between delivery personnel and companies are crucial in recognizing and safeguarding labor rights, particularly in situations of “hidden labor relationships.”

**Unexpected Incidents: Platforms Bearing Partial Responsibility**

In a notable case where a delivery driver tragically passed away due to medical complications, the court determined that the platform shared some accountability. Although the driver had a cooperation agreement with the delivery company stating that no labor relationship existed, the court ruled otherwise based on the management and payment structures.

The ruling underscored that while the driver’s unawareness of his medical condition contributed to the tragedy, the company also failed to provide necessary health checks and training, thus incurring secondary liability. The court decided that the company should compensate the driver’s family for 20% of the losses.

Judges have stressed the importance of companies fulfilling their social responsibilities instead of relying solely on contracts to avoid liability. Additionally, delivery personnel should enhance their safety awareness and health management, striving to balance work demands with their personal well-being.

**Legal Insights: Crafting Industry-Specific Contracts**

Unlike traditional employment, rideshare drivers enjoy a greater level of flexibility and autonomy in their work. For instance, Mr. Yi, a rideshare driver, faced deductions and disputes concerning his service quality, which led him to take legal action against the platform that asserted a business partnership rather than a labor relationship.

The court ruled in favor of the platform, stating that the nature of the engagement did not meet labor relationship criteria. Legal experts recommend that new employment forms consider industry-specific characteristics when drafting contracts. This approach can clarify rights and obligations for both parties and promote healthy industry development.

In conclusion, these cases underline urgent issues concerning the rights of emerging workers, emphasizing the necessity of legal protections alongside individual awareness of one’s rights and responsibilities in these changing job markets.