Guiding Case No. 237: Langxi Service Outsourcing Co., Ltd. v. Xu Moushen
When a platform enterprise or its labor contractor uses contracting or cooperation agreements, courts must examine the real working arrangement, including algorithmic rules, discipline, autonomy over workload, and pricing power. If the enterprise exercises dominant labor management, an employment relationship should be recognized.
Holding
When a platform enterprise or its labor contractor uses contracting or cooperation agreements, courts must examine the real working arrangement, including algorithmic rules, discipline, autonomy over workload, and pricing power. If the enterprise exercises dominant labor management, an employment relationship should be recognized.
Issues
platform contracting/cooperation agreementsdominant labor managementrecognition of employment in the new economy