Labor Law Update: Flexible Employment Legal Boundaries Discussed

In recent years, the platform economy has developed rapidly, and flexible employment models have become increasingly common.

In 2026, courts in multiple jurisdictions, when hearing labor dispute cases involving platform workers such as food delivery riders and ride-hailing drivers, have shown a adjudicatory tendency to place greater emphasis on the substantive employment relationship. Even if the parties have formally signed a cooperation agreement, as long as the employment relationship possesses the substantive characteristics of a labor relationship, the court may determine that the two parties have formed a de facto labor relationship.

For enterprises, flexible employment compliance management requires standardizing employment contracts, clarifying rights and obligations, and strengthening occupational safety measures.