Guidelines for the publicity of labour rules for workers in new forms of employment Ministry of Human Resources and Social Security (MOHRSS) [released on 23 February 2024] No. 50

第三条　本指引所称劳动规则是指平台企业组织新就业形态劳动者提供网约服务，进行工作调度和劳动管理时所依据的规章制度、格式合同条款和算法规则等。

第五条　平台企业要向依托平台就业的新就业形态劳动者公开订单分配、报酬及支付、工作时间和休息、职业健康与安全、服务规范等与劳动者基本权益直接相关的规章制度、格式合同条款、算法规则及其运行机制等。包括并不限于：（一）新就业形态劳动者进入、退出平台规则；（二）平台订单分配规则，包括订单分配的基本原则、订单优先分配或差别性分配规则等；（三）报酬规则，包括计件单价及确定因素，抽成比例及确定因素，报酬构成及支付周期、支付方式等；（四）工作时间和休息规则，包括任务完成时限要求及其确定依据和主要影响因素等，为防止疲劳对每日（或周/月)累计最长工作时间、停止推送订单休息等限制性规定；（五）奖惩规则，包括服务要求和规范，考核制度，奖励和惩戒的情形、方式、标准，劳动者的申诉渠道和企业处理申诉的程序、结果反馈方式等； （六）其他直接涉及劳动者切身利益的规则。

ENGLISH TRANSLATION 

Article 3. The term "labour rules" mentioned in these guidelines refers to the rules and regulations, standardized contract terms and algorithm rules, etc. on which platform enterprises rely when organizing workers in new forms of employment to provide online contract services and conduct work scheduling and labour management. 

Article 5. Platform enterprises shall disclose to workers in new forms of employment who rely on the platform for employment the rules and regulations, standardized contract terms, algorithm rules and their operating mechanisms directly related to the basic rights and interests of workers, such as order distribution, remuneration and payment, working hours and rest, occupational health and safety, and service norms. These include but are not limited to: (1) Rules for workers in new forms of employment to enter and exit the platform; (2) Platform order distribution rules, including the basic principles of order distribution, rules for preferential or differential distribution of orders, etc.; (3) Remuneration rules, including the unit price for piecework and its determining factors, the proportion of deductions and its determining factors, the composition of remuneration and the payment cycle, payment methods, etc.; (4) Working hours and rest rules, including requirements for the time limit for task completion and their determining basis and main influencing factors, restrictive provisions on the cumulative maximum working hours per day (or per week/month) to prevent fatigue, and rest by stopping pushing orders, etc.; (5) Reward and punishment rules, including service requirements and norms, assessment systems, circumstances, methods and standards for rewards and punishments, workers' appeal channels and the procedures for enterprises to handle appeals, ways of feedback on results, etc.; (6) Other rules directly related to the vital interests of workers.

第四条　平台企业制定或修订平台劳动规则要遵循合法规范、公平公正、透明可释、科学合理、诚实信用的原则，依法履行民主程序。

第六条　平台企业制定或修订直接涉及新就业形态劳动者权益的劳动规则，要提前通过应用程序弹窗等显著方式向劳动者公开征求意见，充分听取工会或劳动者代表的意见建议，将采纳情况告知劳动者。确定实施前，至少提前七日向劳动者予以公示。 

第七条　平台企业拟调整经营方式或制定、修订劳动规则对新就业形态劳动者权益有重大影响的，了解或应当了解平台用工合作企业涉及新就业形态劳动者权益的重大制度规则调整的，要开展风险评估，并提前七日向服务所在地人力资源社会保障行政部门和相关主管部门报告，听取意见建议。

ENGLISH TRANSLATION

Article 4. When formulating or revising platform labour rules, platform enterprises shall follow the principles of legality, standardization, fairness, transparency and interpretability, scientific rationality, and good faith, and perform democratic procedures in accordance with the law. 

Article 6. When formulating or revising labour rules that directly involve the rights and interests of workers in new forms of employment, platform enterprises shall solicit opinions from workers in advance through prominent means such as pop-up windows in application programs, fully listen to the opinions and suggestions of trade unions or worker representatives, and inform workers of the adoption situation. Before determining to implement them, they shall publicize them to workers at least seven days in advance.

Article 7. If platform enterprises plan to adjust their business models or formulate or revise labour rules that have a significant impact on the rights and interests of workers in new forms of employment, and are aware or should be aware of major adjustments to the institutional rules of platform employment cooperation enterprises that involve the rights and interests of workers in new forms of employment, they shall conduct risk assessments and report to the human resources and social security administrative departments and relevant competent departments in the service location seven days in advance to listen to opinions and suggestions.

第五条　平台企业要向依托平台就业的新就业形态劳动者公开订单分配、报酬及支付、工作时间和休息、职业健康与安全、服务规范等与劳动者基本权益直接相关的规章制度、格式合同条款、算法规则及其运行机制等。包括并不限于：(...)（三）报酬规则，包括计件单价及确定因素，抽成比例及确定因素，报酬构成及支付周期、支付方式等；(...)（五）奖惩规则，包括服务要求和规范，考核制度，奖励和惩戒的情形、方式、标准，劳动者的申诉渠道和企业处理申诉的程序、结果反馈方式等。

ENGLISH TRANSLATION 

Article 5. Platform enterprises shall disclose to workers in new forms of employment who rely on the platform for employment the rules and regulations, standardized contract terms, algorithm rules and their operating mechanisms directly related to the basic rights and interests of workers, such as order distribution, remuneration and payment, working hours and rest, occupational health and safety, and service norms. These include but are not limited to: (...) (3) Remuneration rules, including the unit price for piecework and its determining factors, the proportion of deductions and its determining factors, the composition of remuneration and the payment cycle, payment methods, etc.; (...) (5) Reward and punishment rules, including service requirements and norms, assessment systems, circumstances, methods and standards for rewards and punishments, workers' appeal channels and the procedures for enterprises to handle appeals, ways of feedback on results, etc.

第五条　平台企业要向依托平台就业的新就业形态劳动者公开订单分配、报酬及支付、工作时间和休息、职业健康与安全、服务规范等与劳动者基本权益直接相关的规章制度、格式合同条款、算法规则及其运行机制等。包括并不限于：(...)（四）工作时间和休息规则，包括任务完成时限要求及其确定依据和主要影响因素等，为防止疲劳对每日（或周/月)累计最长工作时间、停止推送订单休息等限制性规定。

ENGLISH TRANSLATION 

Article 5. Platform enterprises shall disclose to workers in new forms of employment who rely on the platform for employment the rules and regulations, standardized contract terms, algorithm rules and their operating mechanisms directly related to the basic rights and interests of workers, such as order distribution, remuneration and payment, working hours and rest, occupational health and safety, and service norms. These include but are not limited to: (...) (4) Working hours and rest rules, including requirements for the time limit for task completion and their determining basis and main influencing factors, restrictive provisions on the cumulative maximum working hours per day (or per week/month) to prevent fatigue, and rest by stopping pushing orders, etc.