Behind Shenzhen Delivery Riders Learning English for APEC: Compliance Analysis of Rights Protection and Career Development for Workers in New Employment Forms
In August 2026, Shenzhen News Network reported the story of delivery riders A Jiang and Bei Hao from Nanshan District, who learned English in their spare time between deliveries. By utilizing the Warm Bee Station and community public welfare classes to improve their foreign language skills, they not only better served foreign customers but also actively participated in grassroots governance, becoming "mobile windows" of the city's image. This incident reflects new trends in career development, rights protection, and social integration for workers in new employment forms (such as food delivery riders and couriers). As lawyers, we not only see the inspiring personal growth of individuals but also focus on the underlying legal issues: How should the legal status of workers in new employment forms be defined? What responsibilities should platform companies bear? Does skills training provided by the government constitute a worker's right? What legal risks exist for workers participating in grassroots governance? This article will provide an in-depth analysis from a legal perspective, offering compliance recommendations for workers and enterprises.
The Legal Status and Foundation for Rights Protection of Workers in New Employment Forms
Food delivery riders and other workers in new forms of employment have long occupied a legally ambiguous status. According to the "Guiding Opinions on Safeguarding the Labor Security Rights and Interests of Workers in New Forms of Employment" (Ministry of Human Resources and Social Security Document No. 56 of 2021), such workers are classified as falling under "circumstances that do not fully meet the criteria for establishing a labor relationship," that is, situated between traditional labor relationships and civil cooperative relationships. This means that riders may not be able to directly apply all provisions of the Labor Contract Law concerning minimum wages, working hours, and protection against dismissal.
However, this does not mean they are excluded from legal protection. The guidance explicitly requires platform enterprises to safeguard workers' basic rights and interests through measures such as algorithm optimization and public disclosure of labor rules. For example, A Jiang and Beihao deliver an average of 80 orders per day, and their working hours and intensity may reach the upper limit of working hours, so the platform must ensure their right to rest. In addition, Article 1191 of the Civil Code regarding employer liability, although primarily targeting labor relations, may still impose tort liability on the platform if it fails to fulfill its safety protection obligations (such as providing qualified delivery equipment).
In legal practice, we often advise delivery riders to keep order records, salary statements, and other evidence to prove the actual employment relationship. In the event of a work-related injury, they may apply for recognition in accordance with the Work Injury Insurance Regulations. Although the participation rate of workers in new forms of employment remains low, Shenzhen has piloted "occupational injury protection for flexible workers," and riders should proactively enroll in insurance.
Legal Nature of Government Public Welfare Training and Workers' Rights
The Social Work Department of the Nanshan District Committee, together with sub-districts, launched a public welfare class titled "Welcome APEC, Learn Foreign Languages," which has served thousands of delivery riders in total. Such training falls under public employment services provided by the government, and its legal basis includes Article 23 of the Employment Promotion Law, which stipulates that local people's governments at all levels should strengthen vocational skills training to enhance workers' employability.
From the perspective of workers, participating in such training is not a statutory obligation, but if the training is organized or mandatorily required by the platform enterprise, it may involve the service period clause under Article 22 of the Labor Contract Law. If the platform funds the training and stipulates a service period, workers who leave early may be required to pay liquidated damages. However, in this case, the training is community-led and public-interest in nature, so workers are not subject to such obligations.
In addition, should workers' participation in training during off-duty hours be counted as working time? Current laws have no explicit provisions. However, if the training is mandated by the platform and directly related to work, it may be deemed "extended working hours," requiring overtime pay under Article 41 of the Labor Law. Lawyers suggest that platforms should avoid mandatory training, while workers should retain training notices to protect their rights from being infringed.
Legal Boundaries and Risk Prevention for Delivery Riders' Participation in Grassroots Governance
A Jiang and Bei Hao not only deliver food, but also proactively inspect safety hazards, assist in anti-fraud publicity, and participate in dispute mediation. This "courier + grid worker" model is commendable, but it entails legal risks. For example, if couriers act improperly while inspecting hazards or assisting in dissuasion, they may infringe on others' privacy or reputation rights.
According to Article 1032 of the Civil Code, natural persons enjoy the right to privacy. When delivery riders photograph or report information during the delivery process, they must avoid disclosing customers' personal information. If errors in reporting cause harm to others, the rider may bear tort liability. However, under the Shenzhen Volunteer Service Regulations, if the rider participates as a volunteer, they may enjoy liability exemption or the organizing party may bear liability. Therefore, we recommend that riders clearly identify their role (e.g., as volunteers) when participating in such activities, follow the organizing party's guidelines, and avoid taking direct enforcement actions personally.
At the same time, riders' participation in grassroots governance may involve the recognition of "righteous courage." If injured while assisting, they may request compensation from the beneficiary in accordance with Article 183 of the Civil Code, or apply to the Righteous Courage Fund. Shenzhen has local regulations on this matter, and riders should be aware of their own rights.
Legal Support for Career Transition and Lifelong Learning
Beihao plans to undergo transformation through short videos and livestreaming, which involves occupational freedom under new business formats. Pursuant to Article 37 of the Labor Contract Law, a worker may terminate the labor contract by giving 30 days' written notice in advance, but if there is a cooperative relationship with the platform, it shall be handled in accordance with the agreement. During the transformation, riders may be subject to non-compete clauses; if the platform sets such clauses in the agreement, they must comply with Article 23 of the Labor Contract Law, namely the scope and duration of the restriction shall be reasonable and compensation shall be paid.
In addition, short video and elderly care training provided by the government falls under the vocational skills enhancement system stipulated in Article 8 of the Vocational Education Law, for which workers can receive subsidies. Shenzhen has training subsidy policies for flexible workers, and delivery riders should proactively consult their local subdistrict office to avoid missing out on their rights and benefits.
Conclusion: Examining the Rule-of-Law Future of New Employment Forms from "Delivery Riders Learning English"
The story of Nanshan delivery riders is a microcosm of workers in new employment formats actively integrating into urban life and improving themselves. At the legal level, we need to further improve the rights protection mechanism for workers in new employment formats, clarify platform responsibilities, and encourage workers to leverage policy benefits to enhance their skills. Guangdong Zhiming Law Firm has long been focused on legal issues related to new employment formats and can provide professional services such as labor contract review, workplace injury rights protection, and compliance guidance for career transitions, helping every hardworking individual pursue their dreams with peace of mind within the legal framework. If you have any related legal questions, feel free to consult us—we will safeguard your interests from a professional perspective.