Legal protection for gig workers' availability time: an empirical study of take-out platform riders in Beijing

Abstract

PurposeThis empirical study of one of China's biggest take-out platforms during coronavirus disease 2019 (COVID-19) explores the legal rights and protections for gig workers' availability time.Design/methodology/approachThe study uses a quantitative survey and interviews of take-out platform riders, investigating the intrinsic features of working time and availability time. Labour law professionals and scholars are interviewed to verify the findings.FindingsThe availability time of take-out platform riders is difficult to define under the current legal working-time framework. There is a need for a specific method to define availability time, considering the multiple factors in gig-take-out-sector work. One option is to apply working-time regulations to availability time but to use a proportionality test to preserve flexibility whilst the platform offers protection to the riders during that time.Research limitations/implicationsPandemic-related travel restrictions limited the authors' study to one take-out platform in Beijing. Future studies should cover a wider geographical area and multiple take-out platforms.Originality/valueThe study uniquely evaluates the availability time of take-out platform riders to determine appropriate public policy and theoretical implications. It proposes a proportionality test regulating riders' availability. In particular, the workers being “at leisure” during availability time could mitigate the platform's liability for full remuneration or moderate the ceiling of working hours. The occupational health and safety of riders must be fully protected, as they are still “at the platform's disposal” at that time.