Research on the Protection of Workers’ Rights and Interests in Incomplete Labor Relationships_Vol. 3 No. 1 (JEL 2026)_Journal of Economics and Law (ISSN: 3005-5768)

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Research on the Protection of Workers’ Rights and Interests in Incomplete Labor Relationships

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DOI: https://doi.org/10.62517/jel.202614113

Author(s)

Zhi Xia

Affiliation(s)

Faculty of Law, China Jiliang University, Hangzhou, Zhejiang, China

Abstract

Incomplete labor relationship refers to a special form of employment where the legal status is ambiguous, situated between an employment relationship and a civil law service relationship. It is characterized by “the enterprise conducting labor management over the worker, but not fully meeting the criteria for establishing an employment relationship.” Typical examples include flexible employment groups such as ride-hailing drivers and food delivery couriers. The proposal of this concept aims to address the rights and interests protection issues arising from incomplete labor relationships, specifically manifested in the absence of social insurance and insufficient protection of labor standards. Within the framework of the traditional labor law dichotomy, workers in incomplete labor relationships are often unable to be identified as “labors” entitled to the preferential protection of labor law and are instead relegated to the regulatory scope of civil law. Therefore, it is necessary to further clarify the legal status of incomplete labor relationships and promote the evolution of the labor legal system from a “dichotomy” to a “trichotomy,” thereby constructing a systematic and comprehensive protection system for the rights and interests of these workers. This will not only help provide more comprehensive and effective institutional protection for this group but also promote the sustainable and healthy development of new employment forms and the economy, maintaining the harmony and stability of labor relations.

Keywords

Incomplete Labor Relationship; Protection of Workers’ Rights and Interests; Platform Employment; Labor Standards; Labor Relationship

References

[1]Yu Shuhong, Li Mengyun. Intervention of Antitrust Law in the Protection of Platform Service Providers under “De-Labor-Relationization”. Hebei Law Science, 2023, 41(03):23-41. [2]Liu Yang, Liu Huan. Incomplete Labor Relations and Their Legal Regulation in the Platform Economy. Academic Exchange, 2023, (02):76-87. [3]Golden, Lonnie. A purpose for every time: the timing and length of the work week and implications for worker well-being. Connecticut Law Review, 2010, 42(4):1181-1202. [4]Ding Jian’an. The Path and Limits of Protecting the Rights and Interests of Employees in Incomplete Labor Relationships. Law Science, 2025, (10):164-176. [5]Xie Zengyi. Reflection and Improvement of China's Platform Employment Regulation Path. Peking University Law Journal, 2024, 36(02):386-406. [6]Xie Zengyi. Identification of Labor Relations in Internet Platform Employment. Peking University Law Journal, 2018, 30(06):1546-1569. [7]Chang Kai. The Nature and Characteristics of Platform Enterprise Employment Relationships and Their Legal Regulation. China Law Review, 2021, (04):31-42. [8]Shen Jianfeng. The Characterization and Legal Application of Incomplete Labor Relations in New Forms of Employment. Exploration and Free Views, 2023, (12):56-66+2. [9]Wu Yong. Reflection on the Nature of “Incomplete Labor Relations” from the Perspective of Legal Policy Science. Social Sciences in Yunnan, 2023, (05):65-73. [10]Wang An, Zhang Xi. Choice of Legal Application Path and Construction of Identification Procedure for Incomplete Labor Relations in the Platform Economy. Journal of Beijing Union University (Humanities and Social Sciences), 2023, 21(03):90-100. [11]Hu Lei. The Generation Mechanism, Operation Characteristics, and Governance Orientation of “Incomplete Labor Relations”. Economic Review, 2022, (10):8-18. [12]Zhao Hongmei. Legal Protection of Income-Related Rights and Interests of Platform Workers. Journal of Shanghai University of Finance and Economics, 2021, 23(05):123-138. [13]Wang Zengwen, Chen Yaofeng. Theoretical Basis and Institutional Construction of Occupational Injury Protection System for New Forms of Employment. Journal of Xi'an University of Finance and Economics, 2022, 35(02):74-83. [14]Lu Quan. Mode of Production, Form of Employment, and Innovation of Social Insurance System. Social Sciences, 2021, (06):12-19. [15]Qin Guorong. Research on New Changes in Platform Employment and the Innovation of Labor Law Subordination Theory. Contemporary Law Review, 2025, 39(02):121-133. [16]Xie Zengyi. The Concept of Labor Relations and the Chinese Expression of Its Identification in the Digital Age. Social Sciences in China, 2024, (10):162-185+208. [17]Xiao Zhu. Theoretical Interpretation and System Composition of the Criteria for Determining Subordination in Labor Relations. Law Science, 2021, (02):160-176. [18]Huang Yueqin. New Theory of Labor Law. China University of Political Science and Law Press, 2003. [19]Li Xiong, Huang Linhan. Innovative Research on the Determination of Labor Relations under New Forms of Employment. Hebei Law Science, 2023, 41(07):84-106. [20]Li Jianli, Zhang Qinfeng. Clarification and Construction of Judicial Review Standards for “Incomplete Labor Relations” – From the Perspective of the Composite Function of Judicial Activism. Hebei Law Science, 2023, 41(12):158-175. [21]Ban Xiaohui. Labor Law Regulation of Task-Based Employment in the “Gig Economy”. Law Review, 2019, 37(03):106-118. [22]Zhu Jun. Theoretical Clarification and Normative Construction of Labor Relation Determination. Chinese Journal of Law, 2023, 45(06):135-154. [23]Wang Xianyong. The Legal Nature of Internet Platform Employment and Its Exclusive Regulation under Labor Contract Law. Social Science Research, 2026, (02):49-61+227. [24]Wang Tianyu. The “Labor Law Trichotomy” Governance Model for Platform Employment. China Legal Science, 2023, (02):266-284. [25]Wang Tianyu. The Construction Path of Labor Standards for Platform Employment. Political Science and Law, 2022, (08):33-47. [26]Wang Xianyong, Xia Qing. Theoretical Basis and Institutional Conception of Including Online Hired Workers under Work-Related Injury Insurance in the Sharing Economy. China Labor, 2018, (06):49-53. [27]Ai Lin. Research on the Path Optimization of Occupational Injury Protection System for New Forms of Employment. China Journal of Applied Jurisprudence, 2025, (02):67-77. [28]Wang Zengwen, Yang Lei. The Construction Logic and Path of Occupational Injury Protection for Workers in New Forms of Employment under the Digital Economy. Journal of Shanxi Normal University (Social Science Edition), 2022, 49(03):73-78.