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KDI 경제교육·정보센터

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국제무역
Resolution of labour disputes involving new forms of employment in China
ILO
2024.11.01
Based on the study of arbitration and judicial cases involving new forms of employment, this working paper identifies and examines notable characteristics of disputes involving new forms of employment. This working paper found that the number of such disputes is not large compared to the total number of labour disputes in China but is growing and mainly involving instant delivery sector. The claims concentrated on compensation for work-related injuries along with recognition of an employment relationship. Employers are difficult to identify due to multiple outsourcing and digital evidence which are more prevalent than in other labour disputes. Combining an analysis of a number of actual cases and interviews with labour dispute arbitrators, the paper also found that the “reference basis” for judgments in these disputes is the Notice on the Recognition of Employment Relationships (issued by the former Ministry of Labour and Social Security, Document No. laoshefa [2005] 12, hereafter referred to as the Notice 12).