TY - JOUR

T1 - Регулирование труда на цифровых платформах в Китае: анализ правовых подходов

AU - Гребенщиков, Анатолий Владимирович

AU - Новиков, Денис Александрович

AU - Кузьменко, Александр Валентинович

N1 - Гребенщиков А. В., Новиков Д. А., Кузьменко А. В. Регулирование труда на цифровых платформах в Китае: анализ правовых подходов // Вестник Санкт-Петербургского университета. Право. 2026. Вып. 17 (1). С. 91–108.

PY - 2026

Y1 - 2026

N2 - The article presents the legal aspects of labor regulation in the context of the development of the platform economy in one of the leading BRICS+ countries, China. The authors analyze the challenges associated with the legal vacuum in defining the relationship between workers and digital platforms, caused by the crowdsourcing model of labor and information organization (access to the digital platform, its algorithms, and data), which is becoming the main means of production in the platform economy. This creates socio-economic risks, such as a lack of guarantees for workers and contradictory judicial practice. The example of China shows attempts to solve the problem: the introduction of the criterion of "dominant control over labor" in judicial practice to identify labor relations; the development of "soft law" acts aimed at protecting workers' rights without hindering the development of digital platforms; and establishing an obligation for digital platforms to submit reports containing the personal and financial data of platform workers to tax authorities in order to formalize their legal status. Based on China's experience, the following measures for regulating labor on digital platforms have been proposed for BRICS+ countries, including Russia: distinguishing between workers and persons engaged in entrepreneurial activity on the platform, automating the monitoring of working hours, involving trade unions in the management of platforms and creating specialized arbitration bodies, and introducing mandatory financial and statistical reports by digital platforms on contractors. The authors emphasize the need for a balance between the economic interests of digital platform owners (operators) and the social protection of workers, which will definitely contribute to the sustainable development of the platform economy.

AB - The article presents the legal aspects of labor regulation in the context of the development of the platform economy in one of the leading BRICS+ countries, China. The authors analyze the challenges associated with the legal vacuum in defining the relationship between workers and digital platforms, caused by the crowdsourcing model of labor and information organization (access to the digital platform, its algorithms, and data), which is becoming the main means of production in the platform economy. This creates socio-economic risks, such as a lack of guarantees for workers and contradictory judicial practice. The example of China shows attempts to solve the problem: the introduction of the criterion of "dominant control over labor" in judicial practice to identify labor relations; the development of "soft law" acts aimed at protecting workers' rights without hindering the development of digital platforms; and establishing an obligation for digital platforms to submit reports containing the personal and financial data of platform workers to tax authorities in order to formalize their legal status. Based on China's experience, the following measures for regulating labor on digital platforms have been proposed for BRICS+ countries, including Russia: distinguishing between workers and persons engaged in entrepreneurial activity on the platform, automating the monitoring of working hours, involving trade unions in the management of platforms and creating specialized arbitration bodies, and introducing mandatory financial and statistical reports by digital platforms on contractors. The authors emphasize the need for a balance between the economic interests of digital platform owners (operators) and the social protection of workers, which will definitely contribute to the sustainable development of the platform economy.

UR - https://www.scopus.com/pages/publications/105035785526

UR - https://elibrary.ru/hzmxfc

M3 - статья

VL - 17

SP - 91

EP - 108

JO - ВЕСТНИК САНКТ-ПЕТЕРБУРГСКОГО УНИВЕРСИТЕТА. ПРАВО

JF - ВЕСТНИК САНКТ-ПЕТЕРБУРГСКОГО УНИВЕРСИТЕТА. ПРАВО

SN - 2074-1243

IS - 1

ER -