Warden Watch

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 and workforce management teams at platforms and their cooperating enterprises may need to review how algorithms are used to allocate tasks, set pay, assess performance and suspend accounts. Organizations should ensure that labor rules, including algorithm-based rules, are publicized in advance and that workers can raise objections. Manual review processes may be needed before decisions that significantly affect workers, and work records may need to be retained and made accessible. This increases the importance of documenting how automated management tools operate. Because the text is a draft, final requirements may differ.

HR technology vendors

The draft does not impose direct duties on technology vendors, and it addresses platform enterprises and platform employment cooperation enterprises. Providers of scheduling, assessment, pay or account-management tools may nonetheless face indirect commercial expectations from customers that must explain algorithms, review significant decisions manually, avoid discrimination and keep work records. Customers may ask for documentation, configuration options for human review, and data export or logging features. Providers should not assume direct liability or specific technical standards from the current text, which may change after public comment.

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.

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This may be part of wider regulation. The Warden Watch extracts and displays the parts relevant to employment, HR and recruitment decision-making.

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