Layered Safeguards: A Middle Path for Gig Workers' Rights Protection

Abstract

This paper focuses on the rapid development of China's gig economy, centering on the issue of labor rights protection. The analysis indicates that the traditional "dichotomy" for determining labor relations struggles to accommodate the hybrid characteristics of gig employment, leading to inconsistent rulings in judicial practice and the hollowing out of workers' rights. Although the concept of an "incomplete labor relationship" has been proposed, its application remains hindered by conceptual ambiguity, lack of clear identification criteria, and platforms' use of algorithms to evade responsibilities. Employing methodologies such as literature analysis, case studies, and comparative research, this article proposes a reconstruction of the criteria for identifying labor relations: by establishing a "Third Category of Labor" beyond the traditional employee and civil subject frameworks, while deconstructing "Subordination" into a multi-dimensional and quantifiable evaluation system. The core innovation lies in constructing a rights configuration path characterized by a "modular deconstruction with scenario-based combination," achieving an institutional balance between flexible employment and labor protection through layered safeguards.

Affiliated Institutions

• Inner Mongolia University CN

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