2019
DOI: 10.1515/ajle-2019-0019
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Understanding the Employment Status of Gig-Workers in China’s Sharing Economy Era–An Empirical Legal Study

Abstract: The prevalence of the Internet Plus model and mobile applications have brought people into the era of sharing economy, thus accelerating the generation of the “gig-worker.” Foreign experiences have tended to classify gig-workers as employees or as an additional employment category. However, reviewing China’s domestic practices, employment legislation is not enough to keep up with this innovative working style because the work classification and supporting mechanisms for gig-workers have not yet been explicated… Show more

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Cited by 6 publications
(4 citation statements)
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“…The gig economy relies on a workforce of independent contractors whose employment, representation, and social protection circumstances are at best uncertain, and at worst disadvantaged (14, 18,23,33). Due to the ambiguous status of gig workers, their protection against work-related injuries is lacking (34)(35)(36). There is still extensive debate as to whether gig workers are employees, collaborators, or a third category of workers (15-19, 33, 37-44) and this ultimately leads to the fragility of gig workers (2,4,7,9,11,12,23,39,(41)(42)(43)(45)(46)(47).…”
Section: Literature Reviewmentioning
confidence: 99%
“…The gig economy relies on a workforce of independent contractors whose employment, representation, and social protection circumstances are at best uncertain, and at worst disadvantaged (14, 18,23,33). Due to the ambiguous status of gig workers, their protection against work-related injuries is lacking (34)(35)(36). There is still extensive debate as to whether gig workers are employees, collaborators, or a third category of workers (15-19, 33, 37-44) and this ultimately leads to the fragility of gig workers (2,4,7,9,11,12,23,39,(41)(42)(43)(45)(46)(47).…”
Section: Literature Reviewmentioning
confidence: 99%
“…Gig workers have been exploring a range of tactics such as the coordination of small-scale protests to demand higher pay, injury compensation, and fairer work schedules, based on a judgement that low-profile bargaining with management may be more effective than large-scale disruptions to traffic to get public attention (Liu & Friedman 2021). At other times, leveraging formal legal institutions, aggrieved workers have filed labour disputes across multiple industries covering food and parcel delivery, car-hailing, and other types of platform-mediated service work, while labour relations between the online platforms and gig workers remain somewhat ambiguous (Lei 2021;Xiao 2019). Ultimately, suspension or deactivation of the troublemakers' user accounts is characteristic of the 'algorithmic panopticon' (Woodcock 2020, 88).…”
Section: Technology-driven Growth Platform Economy and The Politics O...mentioning
confidence: 99%
“… Operating expenses : The sharing economy has significantly transformed the traditional business patterns and the way people work. The gig workers bear the transaction and operating expenses out of their own pockets and the gig platforms use this to gain huge profits by just being a digital mediator between the customers and the gig workers (Xiao, 2019). Ever since the payments have been transforming digitally, it has been a great help to the gig workers to plan and manage their vehicle expenses such as EMI, fuel or maintenance costs (Prabhat et al.…”
Section: Review Of Literaturementioning
confidence: 99%