How do Chinese courts determine the employment relations of workers in platform companies? An analysis of court rulings on delivery riders between 2021 and 2024

Purpose This study empirically analyzes Chinese court rulings on the determination of employment relations for delivery platform workers between 2021 and 2024. It explores the evolving characteristics, changes and trends in judicial decisions within the context of recent policy developments. Design/methodology/approach Using a mixed-method empirical approach, the study combines quantitative and qualitative analyzes of publicly available court rulings in China. It identifies emerging patterns and developments in judicial reasoning influenced by recent shifts in regulatory frameworks. Findings The study reveals a significant decline in cases involving platform workers with typical crowdsourcing features seeking employment recognition, following the introduction of the “incomplete employment relation” concept. Judicial focus has shifted to identifying hidden employment relations within these incomplete forms. Courts now emphasize the principle of primacy of facts, assessing the actual exercise of labour management rather than relying on formal contracts. When determining the employer, courts often identify contractors or agents overseeing platform delivery services as responsible parties, regardless of specific outsourcing structures. Notably, work-related injuries remain a crucial factor shaping courts' subjective value judgments in employment recognition. Research limitations/implications This study is limited to delivery platform workers, which may not fully represent the diversity of platform-based labour in other sectors. Additionally, as the analysis is confined to judicial rulings, it may not capture the full complexity of labour conditions beyond the courtroom. Originality/value This study provides a timely empirical account of how Chinese courts are addressing the legal ambiguities surrounding platform labour, particularly in light of evolving policy directives. It contributes to comparative labour law by examining how judicial reasoning in platform labour cases adapts traditional employment theories to accommodate new forms of work. The findings also offer insights into future legal reform in platform governance and employment classification.