Expert: Optimizing and adjusting labor laws and standards system to open broader employment opportunities for women in new business formats
2026-03-10
At six o'clock in the morning, just as dawn broke, Wang Yue (pseudonym), a post-95s food delivery rider working in Beijing, had already put on her helmet, checked her food box, and rode her electric bike into the city's morning rush hour. After delivering the morning rush hour orders, she had to rush home to take care of her young children, take a short break, and then go online again to receive orders. Like her, more and more women are engaged in new formats such as food delivery, ride hailing, and e-commerce live streaming, supporting half of their families and careers. From factory assembly lines to digital platforms, from fixed attendance to flexible working hours, new business models have opened broader employment opportunities for women and promoted the transformation of labor rights protection from traditional models to the digital age. Recently, reporters visited the group of female workers in new business formats, documenting their struggles in the digital economy and exploring the practice and direction of the rule of law to safeguard their rights and interests. Women have more confidence in their careers. If it weren't for the new business model, I might still be trapped in the dilemma of 'whether to work or take care of my children'. ”Wang Yue candidly admitted. Previously, she worked in a factory with three shifts and strict attendance, often feeling overwhelmed when her child fell ill. After becoming a food delivery rider, one can have independent time and earn more with more work, which not only accompanies their children's growth but also enables them to achieve economic independence. Ms. Zhang, a driver who drives ride hailing services in Beijing, has a similar experience as her. In her forties, she was rejected by many employers. After entering the ride hailing industry, she has a stable income due to her meticulousness, patience, and high service ratings. The platform does not discriminate based on gender, as long as one is willing to run, there will be income. ”Ms. Zhang said. Lin Xiao (pseudonym), a native of Hebei, is a full-time mother who has found new employment through live streaming e-commerce. From being nervous in front of the camera to incoherent, to proficiently introducing products and maintaining fans, she not only realized her self-worth, but also led several full-time mothers around her to work together. Live streaming, self media, and online design are new formats that are more inclusive, giving women the opportunity to start anew. ”Lin Xiao said with emotion. Behind them lies the current situation of many women entering new business fields for employment. Zhang Liyun, Associate Professor and Deputy Director of the Economic Law Teaching and Research Office at the China Institute of Labor Relations, believes that relying on online scenarios to achieve online employment effectively reduces employment barriers and provides convenience for women to balance family and employment; Flexible and atypical employment models break the constraints of traditional labor relations, broaden women's independent employment and income channels; New formats such as self media and self operated businesses are in line with women's characteristics, providing more inclusive development space for women to participate equally in the labor market and realize their self-worth, and strengthening the accessibility and development of women's labor rights from the perspective of employment forms. The new form of employment has also created favorable conditions for safeguarding the legal rights and interests of female workers. ”Zhang Liyun said. There are no institutional barriers against women in our country, and women are widely involved in social employment, with high levels of economic and social participation. The social foundation of gender equality is solid. At the level of judicial protection, the Law on the Protection of Women's Rights and Interests has established a sound system for safeguarding rights, supplemented by effective legal publicity and education, to ensure smooth and effective channels for women's judicial relief. The overall development trend of women's rights protection in China is steadily improving. ”Zhang Liyun said. Professor Li Xiong from the School of Economics and Law at Southwest University of Political Science and Law stated that at the national policy level, the shift from "supporting the development of new forms of employment" to "promoting the healthy development of new forms of employment" indicates that the current status of legal rights protection for female workers in China's new business models is generally shifting from policy driven to legal protection. There are still difficult legal issues to be solved, and behind the flexibility, there are also unknown pressures and hidden concerns. Wang Yue told reporters that when running orders, she dare not drink too much water, dare not take long breaks, and is afraid of exceeding the time limit and negative reviews; During menstruation and adverse weather conditions, climbing stairs and traveling are particularly difficult, but when it comes to rewards and deductions, one can only grit their teeth and persevere. Ms. Zhang also has similar concerns, such as safety concerns when taking orders at night, inability to drive during pregnancy and lactation, and no income. Lin Xiaoze frankly stated that the industry is fiercely competitive, the rules change quickly, and the income is unstable. Once I get sick or stop broadcasting, I lose my source of income. "I work hard, but I always lack a sense of security in my heart. Li Xiong told reporters that the "new" form of new employment has also led to difficulties in determining labor relations (such as vague standards for dominant labor management), which affects the protection of rights and interests. Female workers also often face social biases and issues related to childbirth. In the view of Professor Shen Jianfeng from the Law School of the Central University of Finance and Economics, due to the dual impact of the characteristics of platform employment and regulatory shortcomings, there are still shortcomings in the protection of the legal rights and interests of female workers in new business formats. From a regulatory perspective, platform employment regulation is more of a flexible measure such as policy guidance and administrative guidance, and the regulatory mechanism is relatively weak; From the perspective of platform employment management, the impact of gender and individual factors on labor and labor management may be overlooked in the management process. In addition, remote work and other forms of employment such as online and offline work at any time have made it convenient for female workers to balance work and family, but at the same time, they have also brought burdens. The platform's points, rewards, and other systems have not taken into account some of the special needs of women, which has also placed an excessive burden on women in competition with men. ”Shen Jianfeng said. Li Xiong stated that female workers in new business models mainly face two major challenges in the process of safeguarding their rights: firstly, insufficient awareness of rights protection; The second is the difficulty in recognizing labor relations under the new business model, which directly affects the path of rights protection and risk prevention. It is gratifying to see that targeted measures have been introduced in various regions to promote legislation at the national level, which is illuminating the path forward for female workers in new industries. For example, Fujian has stipulated that platform algorithms should consider the physiological characteristics of women, and Foshan City in Guangdong Province has launched a new form of flexible employment insurance for women... Behind local explorations, there is an urgent need for the improvement of the rule of law. Some places have introduced targeted measures, but there is a lack of unified standards, and national level legislation needs to be promoted as soon as possible. ”Li Xiong emphasized. Zhang Liyun stated that the current system for safeguarding women's rights and interests needs to be improved, mainly focusing on the optimization and adjustment of labor laws and labor standards. On the one hand, we should accelerate the improvement of flexible employment mechanisms to better meet the employment and family care needs of women; On the other hand, for new forms of employment, in non-traditional forms of labor relations, standardizing the protection of their social insurance rights and institutional arrangements should become a key direction for legislative improvement in the next step. Li Xiong suggested that the protection of the legal rights and interests of female workers in new business models should be promoted from three aspects: clarifying that employment is a driving force for development rather than a cost; Adhere to the principle of putting systems first, strengthen forward-looking legislative supply, and effectively solve problems in practice; Improve the dispute resolution mechanism, amend the Labor Dispute Mediation and Arbitration Law, and include disputes related to new forms of employment in the scope of adjustment. The interviewed experts believe that in addition to promoting legislation, the government, platform enterprises, society, and female workers should work together and move in the same direction to effectively protect the rights and interests of female workers in new business formats. For the government, appropriate adjustments should be made to the labor protection standards for employees based on the characteristics of new business models. ”According to a professor from the School of Labor Economics at Capital University of Economics and Business, for example, for female food delivery riders, there should be stricter regulations on labor protection during pregnancy; Because they need to travel outside, involving labor intensity issues such as traffic safety and climbing stairs; It is necessary to strengthen labor supervision and law enforcement, especially to impose strict penalties on platform enterprises and their partners for illegal activities. For platform enterprises, it is believed that they should adopt a female friendly labor management strategy, respect the basic rights and interests of female workers, and implement corresponding social responsibilities in accordance with ESG (Environmental, Social, and Corporate Governance) standards, such as strengthening the protection of female workers in the "three phases" (pregnancy, childbirth, and lactation), and establishing a special help and alarm mechanism for female workers on the app. Improve assessment standards and effectively safeguard the legitimate rights and interests of workers in new forms of employment. Zhang Liyun believes that trade union organizations at all levels should actively intervene, propose improvement suggestions from the source of algorithm design, and promote the optimization of algorithm rules. From the perspective of platform enterprises, they should develop employment management technology based on the advantages of platform economy and digital technology in organizational production, improve production level, promote algorithm goodness, design necessary protective algorithms for women's gender characteristics, and change the mindset of relying on policy dividends to obtain development opportunities. ”Shen Jianfeng said. In his opinion, arrangements should be made from three aspects: factors related to female physiological and psychological characteristics should be included in algorithm considerations, and their weights and parameters should be reasonably set; During the democratic process of algorithm rule formation, a certain number of female workers should have the opportunity to participate and express themselves; Set up appeal and complaint channels for issues related to female workers, and promptly correct problems caused by algorithmic flaws. For society, a more equitable workplace environment should be created. ”Zhang Liyun said. Just say it now, I hope algorithms can better understand women, I hope social security can cover all, and I hope rights protection can be easier. ”This is the common expectation of countless women in new business formats. Journalist's note: On International Women's Day on March 8th this year, we turn our attention to a group of women running in the digital age - they are food delivery riders shuttling through the streets, ride hailing drivers guarding their travels, live streamers in front of screens, and customer service on the cloud. They are using the platform to redefine the workplace, supporting their families and careers with their hands, and also showing us that new formats are opening a door to equality and dignity for millions of ordinary women. In the interview, what touched me the most was not the grand policy statement, but the vivid and tenacious moments: a mother who chose to be flexible in running singles to accommodate her child, still smiling in the wind and rain; Sisters who were once rejected due to age and gender, but earned respect on the platform through service... They are ordinary, simple, but have the most genuine desires - to have a dignified job, a secure life, and a gentle treatment that is not ignored. It was also through my conversations with them that I gained a deeper understanding of the weight of the proposition of "protecting the rights and interests of new business models". Flexibility does not mean having no bottom line; New employment does not mean being able to escape protection. When algorithms only recognize efficiency without considering gender, when employment only talks about rules without considering differences, when labor relations are ambiguous, every run they make hides unknown difficulties and hidden worries. This is also the significance of our continuous attention and questioning. The warmth of the rule of law lies not in the strictness of its provisions, but in whether it can penetrate the smallest corners; The protection of rights and interests does not depend on how loud the slogan is, but on whether it can truly lift up the lives of every ordinary person. It is gratifying to see the continuous improvement of the women's rights protection system at the national level, as well as heartwarming measures such as exploring algorithmic goodness and exclusive insurance at the local level; From experts and scholars continuously providing suggestions, to platform enterprises gradually taking on social responsibility, we can see that protecting female workers in new industries is moving from social consensus to legal practice. The law is advancing, policies are improving, and our records and observations have never stopped. May every new female business model be seen, respected, and protected. May algorithms have more goodwill, rules have more tolerance, and the rule of law has more strength. May they not have to make difficult choices between family and workplace, and not have to bear the burden alone in the face of physiology and reality. The digital age is surging, and the light of the rule of law will eventually illuminate every step they take forward. May every 'she' run and bloom confidently on their own track, in the vast world of the new era
Edit:Shenchen Responsible editor:Jiajia
Source:legaldaily
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