
中国提出的规则旨在改善数千万零工劳动者的薪酬、休息和工作条件,但分析人士警告称,财务压力、不同的工作安排以及执行挑战可能限制其影响。
China's proposed rules aim to improve pay, rest and working conditions for tens of millions of gig workers, but analysts warn that financial pressures, differing work arrangements and enforcement challenges could limit their impact.
深圳:当网约车司机陈某的车被刮伤时,她决定当天休息去修车,而不是冒着精神状态不佳开车的风险。但对这位43岁的陈某来说,离开道路意味着付出代价。
SHENZHEN: When ride-hailing driver Chen scratched her car, she decided to take the day off to get it repaired rather than risk driving in a poor state of mind. But for the 43-year-old, staying off the road comes at a cost.
“我们休息的时候就没有收入,”陈某说,她要求只用姓氏来标识自己。
"When we rest, we don't earn," said Chen, who asked to be identified only by her surname.
她通常每天至少工作12小时,作为深圳中国网约车平台滴滴的司机,扣除费用后每月到手约1万元人民币(约合1400美元)。
She typically works at least 12 hours a day as a driver for Chinese ride-hailing platform Didi in Shenzhen, taking home around 10,000 yuan (US$1,400) a month after expenses.
陈某驾驶自己的汽车,承担充电和保险等费用。虽然她可以自由选择工作时间,但她的大部分时间都花在等待乘客上。“你只工作八小时是赚不到钱的,”她对央视新闻说。中国目前正试图缓解其中的一些压力。
Chen drives her own car, covering costs such as charging and insurance. While she can choose when to work, much of her time is spent waiting for passengers. "You can't make money working just eight hours,” she told CNA. China is now looking to ease some of these pressures.
10月8日,当局发布了涵盖网约车司机、外卖骑手及其他平台劳动者的薪酬、休息及其他保障的草案规则——这是北京所称的“新就业形态”中约8400万人的一部分。
On Oct 8, authorities released draft rules covering pay, rest and other protections for ride-hailing drivers, delivery riders and other platform workers - part of an estimated 84 million people in what Beijing calls "new forms of employment".
这些提案标志着在加强零工劳动者保护方面迈出了一步,但分析人士表示,财务压力、工作安排的差异以及执行挑战可能限制其影响。
The proposals mark a step forward in strengthening protections for gig workers, but analysts say financial pressures, differences in working arrangements and enforcement challenges could limit their impact.
加强保障:根据草案规则,零工劳动者在连续工作四小时后将获得休息,而平台将面临更严格的薪酬要求以及对劳动者管理的规定。
STRENGTHENING SAFEGUARDS Under the proposed rules, gig workers would get breaks after four consecutive hours of work, while platforms would face stricter requirements on pay and how they manage workers.
公司必须至少每月支付一次劳动者报酬,法定节假日工作须提供更高报酬,并在计算报酬时考虑劳动者承担的费用,如车辆成本。草案还旨在规范平台劳动中所占比重较大的算法。
Companies would have to pay workers at least once a month, offer higher rates for work on statutory holidays and factor in expenses borne by workers, such as vehicle costs, when calculating pay. The draft also seeks to rein in the algorithms that govern much of platform work.
对于外卖骑手而言,这些系统决定他们接到哪些订单、必须多快完成订单以及他们的表现如何被评估。
For delivery riders, these systems determine which orders they receive, how quickly they must complete them and how their performance is assessed.
未能按时完成配送或达成其他绩效目标可能导致处罚,包括奖金减少或限制接单。
Failing to meet delivery deadlines or other performance targets can result in penalties, including reduced bonuses or restrictions on receiving new orders.
停止派单或暂停账户的决定需要人工审核,而不能仅由自动化系统决定。
Decisions to stop assigning orders or suspend accounts would require human review, rather than being left solely to automated systems.
中国此前曾发布指南以保护零工劳动者,包括2021年和2024年。
China has previously issued guidelines to protect gig workers, including in 2021 and 2024.

中国当局表示,最新提案旨在将劳动保护扩展到更多零工劳动者,明确公司责任,并更好地反映平台劳动者的用工方式。
Chinese authorities said the latest proposals aim to extend labour protections to more gig workers, clarify the responsibilities of companies and better reflect the way platform workers are employed.
“草案……并未建立一套全新的劳动者权利,”英国兰开斯特大学劳动法讲师欧琳说。
"The draft … does not establish an entirely new set of workers' rights," said Ou Lin, an employment law lecturer at Lancaster University in Britain.
“相反,它旨在将一些现有的保护性要求转化为更具法律约束力的义务,”她对《联合早报》表示。不同零工,不同现状《联合早报》在深圳采访的外卖骑手描绘出工作条件的复杂图景。杨宇浩,24岁,入职外卖骑手新岗位20多天尚未休过一天假。
"Rather, it seeks to transform some existing protective requirements into more legally binding obligations,” she told CNA. DIFFERENT GIGS, DIFFERENT REALITIES Delivery riders CNA spoke to in Shenzhen painted a mixed picture of working conditions. Yang Yuhao, 24, had yet to take a day off more than 20 days into his new job as a food delivery rider.
他的配送站是一个由美团外卖承包商运营的本地枢纽,负责管理骑手及其班次。该站点允许骑手每月休四天假,但由站点决定他们何时可以休假。当杨申请休假时,他被安排到了另一天。
His delivery station, a local hub that manages riders and their shifts, is run by a contractor for Chinese food delivery giant Meituan. It allows riders four days off a month but decides when they can take them. When Yang requested a day off, he was assigned another date instead.
“你不能随心所欲地安排休息日,”他说,形容这种安排为“没有自由休息”。
"You can't arrange your rest days as you wish," he said, describing the arrangement as having "no freedom to rest".
配送时限也增加了压力,骑手们常因红绿灯、电梯、进小区受限或餐厅延误而被耽搁。“有时他们会让你在40分钟内完成几单配送,”杨说。
Delivery deadlines add to the pressure,with riders often held up by traffic lights, lifts, restrictions on entering residential compounds or delays at restaurants. "Sometimes they assign you several orders to deliver within 40 minutes," Yang said.

客户投诉可能导致约200元的扣款,他说,而延迟送达也会影响骑手的奖金。
Customer complaints can lead to deductions of around 200 yuan, he said, while late deliveries can also affect riders' bonuses.
其他骑手对自己的时间安排有更多控制权,但这种灵活性可能伴随着更少的保障。
Other riders have more control over their schedules, but that flexibility can come with fewer protections.

深圳福田商务区,大约下午2点30分,美团外卖骑手王穿着便装坐着聊天,而身穿黄色制服的同事骑手则匆忙离开去送单。这位42岁的骑手是众包骑手,而不是按照送货站点的排班工作。
At around 2.30pm in Futian, Shenzhen’s business district, Meituan food delivery rider Wang sat chatting in his own clothes as fellow riders in yellow uniforms hurried off to make deliveries. The 42-year-old works as a crowdsourced rider rather than following a delivery station's roster.
与被分配到送货站点的骑手不同,众包骑手通常不被平台正式雇佣。他们按单计酬,可以在多个平台上工作。“我想什么时候工作就什么时候工作,”他说。
Unlike riders assigned to delivery stations, crowdsourced riders are typically not formally employed by the platforms. They are paid per delivery and can work across multiple apps. "I work whenever I want," he said.
王说他每月收入约5000至6000元,低于浙江大学研究人员2025年调查显示的按排班工作的高频骑手平均约7000元的收入。但他更倾向于掌控自己的时间。王说他通过工作没有获得社会保险缴纳,比如养老和医疗保险。“你不是正式员工,所以不受公司保护,”他说。
Wang said he earns around 5,000 to 6,000 yuan a month, below the roughly 7,000 yuan average for high-frequency riders on scheduled shifts, according to a 2025 survey by Zhejiang University researchers. But he prefers having control over his time. Wang said he does not receive social insurance contributions, such as those for pension and medical coverage, through his work. "You're not a regular employee, so you're not protected by the company," he said.

根据美团2024-2025年骑手报告,众包骑手在2024年占美团月活跃骑手的71.5%。
Crowdsourced riders accounted for 71.5 per cent of Meituan's monthly active riders in 2024, according to the company's 2024-2025 rider report.
兰卡斯特大学的欧说,所提出的规则将把基本保障扩展到没有正式雇佣关系的工人,包括要求签订书面工作协议。但他们不一定能获得与正式员工相同的社会保险待遇。
Lancaster University's Ou said the proposed rules would extend basic protections to workers without formal employment relationships, including requiring written working agreements. But they would not necessarily receive the same social insurance entitlements as regular employees.
让规则发挥作用 所提出的规则将开放公众咨询直至11月8日,仍可能进行修订,尚未宣布实施日期。
MAKING THE RULES COUNT The proposed rules are open for public consultation until Nov 8 and could still be revised, with no implementation date announced.
分析人士表示,在这些措施能够为平台工人带来实际改善之前,仍面临诸多挑战。
Analysts said several challenges remain before the measures can translate into meaningful improvements for gig workers.
新加坡管理大学经济学院院长李佳表示,政策必须考虑平台工作者组织工作的不同方式。
Policies must account for the different ways platform workers organise their work, said Li Jia, dean of the School of Economics at Singapore Management University (SMU).

“政策设计需要在保障工人安全和保留其自主性之间取得平衡,”他对新加坡国家广播电台(CNA)表示。他补充说,政策制定者还必须考虑可能导致请假困难的财务压力。
"Policy design needs to strike a balance between protecting workers' safety and preserving their autonomy," he told CNA. Policymakers must also consider the financial pressures that can make taking time off difficult, he added.
“有意义的休息权不仅意味着工人可以选择休息,还意味着他们不必为了维持基本收入而牺牲健康和安全,”他说。执行这些规则也可能面临困难。
"Meaningful rest rights mean not only that workers can choose to rest, but also that they do not have to sacrifice their health and safety to maintain a basic income," he said. Enforcing the rules could prove difficult too.
兰卡斯特大学的欧指出,草案中的一些要求未明确规定对不遵守规定的公司的处罚。
Lancaster University’s Ou noted that some requirements in the draft do not specify penalties for companies that fail to comply.
虽然这些提案将使工人能够访问其工作记录和投诉程序,但挑战公司可能仍然困难重重。“其有效性将取决于企业是否提供完整和准确的信息,”她说。另一个挑战是确定当平台将工作外包给承包商时,由谁承担责任。
While the proposals would give workers access to their work records and complaint procedures, challenging companies could remain tough. "Their effectiveness will depend on whether enterprises provide complete and accurate information," she said. Another challenge is determining who bears responsibility when platforms outsource work to contractors.
例如,杨在由承包商运营的配送站工作,尽管美团的系统影响着他的订单如何被分配和评估。李表示,平台仍应对骑手的工作条件承担责任。
Yang, for example, works at a delivery station run by a contractor, even though Meituan’s systems influence how his orders are assigned and assessed. Li said platforms should still be held accountable for riders' working conditions.
“谁控制工作流程并能影响风险,谁就应按其控制程度承担责任,”他说。
"Whoever controls the work process and can influence the risks should bear responsibility in proportion to that control," he said.
欧警告称,平台可能将责任转嫁给承包商,从而可能使其规避义务。
Ou warned that platforms could shift responsibilities onto contractors, potentially allowing them to avoid their obligations.
香港理工大学社会学副教授陈静表示,工人需要更多支持来行使其权利,包括来自中国工会的支持。
Jenny Chan, an associate professor of sociology at Hong Kong Polytechnic University, said workers need more support to exercise their rights, including from Chinese trade unions.
“当工人获得权力,能够自行处理事务时,他们就能够执行法律,”她说。
"When workers are empowered to take matters into their own hands, they can enforce the law," she said.