China: New Forms of Employment Worker Rights Protection Measures
ChinaRegulationProposed
China’s draft Measures for the Protection of the Rights and Interests of Workers in New Forms of Employment would set labor protections for platform-based workers whose arrangements may not meet the criteria for a formal labor relationship. The Ministry of Human Resources and Social Security drafted them jointly with six other bodies. They would apply to platform enterprises and platform employment cooperation enterprises, not to individuals who work independently or as freelancers. Warden Watch focuses on the provisions that touch algorithms and automated management. The draft treats algorithms as part of workplace “labor rules,” requires advance publication of those rules, and calls for explanations of algorithms that affect workers’ rights. It also prohibits algorithmic discrimination and requires manual review before decisions such as account bans or stopping order dispatch. The draft also covers pay, working hours, safety, contracts and dispute channels. It is not specific to hiring or recruitment AI. The text is open for public comment until November 8, 2026 and may change, and its effective date is left blank.
Impact
What this means for HR and vendors
HR and recruitment teams
HR technology vendors
Key obligations
What organizations need to do
Practical obligation briefings focused on what the requirement is, who it applies to, when it applies and what teams should consider doing.
Prohibition on Discriminatory Conditions for Platform Workers
Prevent Algorithmic Discrimination in Task Opportunities and Remuneration
Consult On and Publicize Labor Rules, Including Algorithm-Based Rules
Explain Algorithms Affecting Workers’ Rights
Manual Review Before Significant Account and Order Decisions
Limit Use of Significantly Abnormal Data in Assessments
Follow Stated Principles When Formulating Algorithms
Provide Grievance Channels and a Manual Response Within 48 Hours
Maintain Work Ledgers and Worker Access to Records
Report Employment Status to Human Resources and Social Security Authorities
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This page is regulatory intelligence only. Organizations should seek guidance from legal counsel before making compliance decisions.
Employment-focused extraction
This may be part of wider regulation. The Warden Watch extracts and displays the parts relevant to employment, HR and recruitment decision-making.