Comparative Study of Approaches to Legal Regulating of Digital Platform Employment in Russia and China

Abstract

The article provides a comparative legal analysis of the emerging approaches to regulating platform employment in Russia and China, a dynamically developing segment of labour relations. The author notes the rapid growth in the number of platform workers in both countries and identifies similar economic sectors where this form of employment is most common. The primary focus is on legal initiatives aimed at regulating the status of this category of workers. The Russian legislator’s approach, embodied in Federal Law No. 289-FZ, is critically assessed. This law creates a quasi-civil law model that systematically excludes the application of labour law norms, leaving partner-performers without key social and labour guarantees. The CIS Model Law project is presented as a more progressive alternative, offering a functional approach and the possibility of recognizing employment relationships based on an analysis of the worker’s actual economic dependence. The Chinese model is characterized as a gradual adaptation of labour guarantees to the digital environment using “soft law” instruments. The introduction of differentiated statuses, including “incomplete labour relations”, and the enhanced role of trade unions and state control, including through platform tax reporting, are highlighted. The conclusion states that, despite the differences, neither country has resolved the fundamental problem of algorithmic management, which creates an extra-legal technological order. The study highlights the global challenge of adapting traditional legal frameworks to the disruptive nature of the digital economy, advocating a paradigm shift in regulatory thinking to effectively protect workers’ rights. As a prospective solution, a transition to a state digital platform is proposed, one that integrates legal norms into algorithmic systems to ensure automated compliance with labour legislation.