Subordination Theory in Practice: An Empirical Analysis of Chinese Courts' Approaches to Classifying Labour Relationships in Platform Cases.

This article examines how Chinese courts determine the employment status of gig workers in platform-based work, focusing on the application of the traditional "subordination" test. Using an empirical analysis of 71 Chinese judicial cases involving a leading food delivery platform, the study identifies key factors influencing courts' rulings, notably employer control over the work process (personal subordination) and whether the worker's tasks are integral to the employer's business (organisational subordination). The findings show that personal subordination elements such as attendance management and economic subordination factors like monthly salary payment strongly correlate with courts recognizing a labor relationship. Despite the evolving nature of platform work, Chinese courts continue to rely on established legal principles emphasizing the primacy of factual circumstances over formal contractual terms, consistent with the Ministry of Labor's 2005 guidance. The article also discusses platform companies' strategies to obscure employment relationships and the judicial emphasis on substance over form in resolving such disputes.