Quick View of New Regulations: The Interim Measures for the Implementation of Flexible Retirement System was Issued
新規速遞：人社部修改在中國境內就業的外國人參加社會保險暫行辦法，印發新就業形態勞動者權益協商指引，全面實施個人養老金制度，貫徹實施全國年節及紀念日放假辦法
Quick View of New Regulations: MOHRSS Revised Temporary Measures for Foreigners Employed in China to Participate in Social Insurance, Issued Guidelines for Negotiation of Rights of New Work Forms, Fully Implemented the Personal Pension System, and Enforced Public Holidays for National Festivals and Memorial Days典型案例：人民法院案例庫新增7件勞動爭議案例，并將4件歷史入庫案例調整為指導性案例
Exploration of Typical Cases: The People's Court Case Database Added 7 New Labor Dispute Cases, and Adjusted 4 Historical Cases as Guiding Cases
Exploration of Typical Cases: Beijing Municipality Released Typical Cases of Labor Disputes典型案例：重慶市、武漢市等多地陸續發布勞動人事爭議案件典型案例
Exploration of Typical Cases: Chongqing, Wuhan and Other Places Successively Released Typical Cases of Labor and Personnel Dispute Cases
Quick View of New Regulations: The Interim Measures for the Implementation of Flexible Retirement System was IssuedOn January 1, 2025, the Ministry of Human Resources and Social Security (“MOHRSS”) and two other departments issued the Interim Measures for the Implementation of Flexible Retirement System (“Measures”). The Measures implement the relevant provisions regarding the gradual delay of statutory retirement age as formulated by the Standing Committee of the National People’s Congress and the State Council (for details, please refer to “Haiwen Research | Haiwen Labor Law Bi-Monthly Newsletter (September-October 2024)” and “Haiwen Observation | A Global Perspective on New Statutory Retirement Age Regulation: Interpretation, Impact, and Strategic Responses”. Specifically:
1. 明確彈性提前退休條件。職工自愿選擇彈性提前退休的條件是：1）職工可以自愿選擇，但需至少在選擇的退休時間前3個月以書面形式告知單位；2）所選退休時間應達到國家規定的按月領取基本養老金最低繳費年限（以提高最低繳費年限情況表為準）；3）提前時間距法定退休年齡（以延遲法定退休年齡對照表為準）最長不超過3年，即在1個月至36個月期間范圍進行選擇；4）退休年齡不得低于原法定退休年齡，即女50/55男60。Clarification of Conditions for Flexible Early Retirement. The conditions for employees to voluntarily choose flexible early retirement are as follows: 1) Employees may voluntarily choose early retirement but must inform their employer in writing at least three months before the selected retirement date. 2) The years of the employee’s social insurance contribution upon the selected retirement date must meet the minimum contribution period required by national regulations for receiving basic pension payments (see table of increased minimum contribution periods). 3) The period advancing the statutory retirement age (see table of delayed statutory retirement age) shall not exceed three years, meaning employees can choose to take early retirement within a range of 1 month and 36 months before reaching statutory retirement age. 4) The retirement age must not be earlier than the original statutory retirement age, i.e., 50/55 for women and 60 for men.2. 明確彈性延遲退休條件。職工彈性延遲退休的條件是：1）用人單位和職工需協商一致，應提前1個月以書面形式明確延遲退休時間等事項；2）達到法定退休年齡（以延遲法定退休年齡對照表為準），并達到本人法定退休年齡對應年份最低繳費年限（以提高最低繳費年限情況表為準）；3）延遲時間距法定退休年齡最長不超過3年；4）彈性延遲退休時間確定后，不再延長；5）彈性延遲退休期間，所在單位與職工協商一致，可以終止彈性延遲退休。Clarification of Conditions for Flexible Delayed Retirement. The conditions for delayed retirement are as follows: 1) The employer and employee must reach a mutual agreement and formalize the relevant arrangements such as delayed retirement date in writing at least one month in advance. 2) The employee must have reached statutory retirement age (see table of delayed statutory retirement age) and years of the employee’s social insurance contribution have met the minimum contribution period for their specific statutory retirement age (see table of increased minimum contribution periods). 3) The period after the statutory retirement age shall not exceed three years. 4) Once the flexible delayed retirement period has been set, it cannot be extended further. 5) During the period after the statutory retirement age, the employer and employee may terminate the flexible delayed retirement arrangement through mutual agreement.3. 明確彈性延遲退休期間的勞動人事關系。彈性延遲退休期間，所在單位與職工的勞動關系或人事關系延續，單位和職工應按時足額繳納社會保險費。達到彈性延遲退休時間，勞動關系或人事關系終止，所在單位應按規定為其辦理退休手續。Clarification of Employment Relations During Flexible Delayed Retirement. During the period of flexible retirement, the employment relations between the employee and the employer continues. Both parties are obliged to pay social security contributions in full and on time. Upon reaching the end of the flexible delayed retirement period, the employment relations terminate, and the employer must carry out the formalities of retirement in accordance with the regulations.4. 明確彈性退休制度的適用群體。公務員、國有企事業單位領導人員及其他管理人員不適用彈性延遲退休的特別規定，到法定退休年齡時應當及時辦理退休手續。機關和國有企事業單位工作人員彈性退休的，應當按照干部人事管理權限和規定程序報批同意。Clarification of the Applicable Group for Flexible Retirement System. The Measures do not apply to civil servants, leaders and other managerial personnel of state-owned enterprises, their retirement formalities must be completed when they reach the statutory retirement age, and flexible retirement should be approved according to the cadre management authority and the prescribed approval procedures.二、新規速遞：人社部修改在中國境內就業的外國人參加社會保險暫行辦法，印發新就業形態勞動者權益協商指引，全面實施個人養老金制度，貫徹實施全國年節及紀念日放假辦法
Quick View of New Regulations: MOHRSS Revised Temporary Measures for Foreigners Employed in China to Participate in Social Insurance, Issued Guidelines for Negotiation of Rights of New Work Forms, Fully Implemented the Personal Pension System, and Enforced Public Holidays for National Festivals and Memorial Days1. 人社部修改在中國境內就業的外國人參加社會保險暫行辦法
MOHRSS Revised Temporary Measures for Foreigners Employed in China to Participate in Social Insurance2024年12月23日，人社部發布了關于修改《在中國境內就業的外國人參加社會保險暫行辦法》的決定。此次修改完善了在中國境內就業的外國人的法律規定依據和證件名稱；對在中國境內外享受按月領取社會保險待遇的外國人每年核驗社會保險待遇享受資格的具體程序進行了規定，增加了通過互聯網自助辦理的措施；并對附件《外國人社會保障號碼編制規則》作出了相應修改。On December 23, 2024, the MOHRSS issued the decision to amend the Temporary Measures for Foreigners Employed in China to Participate in Social Insurance. This revision improves the legal basis and certificate names for foreigners employed in China, specifies the procedure for annual verification of foreigners’ eligibility for social insurance benefits both in and outside China, introduces self-service measures via the Internet, and revises the Rules for the Compilation of Foreigners’ Social Security Numbers.2. 人社部辦公廳等四部門印發新就業形態勞動者權益協商指引
Guidelines for Negotiation of Rights of New Work Forms Issued by the MOHRSS and Four Other Departments2024年11月6日，人社部辦公廳、中華全國總工會辦公廳等四部門發布關于印發《新就業形態勞動者權益協商指引》的通知。該指引主要涉及線上接受互聯網平臺發布的配送、出行、運輸、家政服務等工作任務，按照平臺要求提供平臺網約服務，通過勞動獲取勞動報酬的勞動者，規范企業和工會組織、勞動者代表平等協商涉及勞動者權益事項，如制修訂涉及勞動者權益的制度規則和算法、建立健全協商機制，要求企業在協商成果生效后10日內以適當方式向所有適用的勞動者公布，并據此共同遵照履行。On November 6, 2024, the General Office of the MOHRSS and four other departments issued a notice on the Guidelines for Negotiation of Rights of New Work Forms. The guidelines mainly focus on workers who accept tasks such as delivery, transportation, and domestic services provided via internet platforms, and receiving compensation based on platform orders. The guidelines standardize the negotiation process between enterprises, trade unions, and worker representatives on issues related to workers’ rights, such as revising systems and algorithms concerning workers’ rights, establishing negotiation mechanisms, and ensuring that employers publish the negotiation results to all affected workers within 10 days of the agreement.3. 人社部、財政部等五部門全面實施個人養老金制度
Full Implementation of the Personal Pension System by the MOHRSS, Ministry of Finance, and Other Three Departments2024年12月10日，人社部、財政部等五部門聯合發布了《關于全面實施個人養老金制度的通知》（“《通知》”）。自2024年12月15日起在中國境內參加城鎮職工基本養老保險或者城鄉居民基本養老保險的勞動者，均可以參加個人養老金制度，稅收優惠政策的實施范圍從先行城市（地區）同步擴大到全國等內容；《通知》新增了參加人患重大疾病、領取失業保險金達到一定條件或者正在領取最低生活保障金的，可以申請提前領取個人養老金的情形，規定參加人可以選擇按月、分次或者一次性領取個人養老金，并可以向銀行提出變更領取方式。On December 10, 2024, the MOHRSS, Ministry of Finance, and other three departments jointly issued a notice on The Full Implementation of the Personal Pension System (“Notice”). Starting from December 15, 2024, employees who have participated in the basic pension insurance for urban employees or the basic pension insurance for urban and rural residents in China are eligible to join the personal pension system, with tax benefits expanding from pioneer cities to nationwide. The notice adds provisions for early withdrawal in cases of serious illness or unemployment, allows individuals to choose between monthly, multiple, or lump-sum pension payments, and permits changes to the payment method with the bank.4. 人社部貫徹實施全國年節及紀念日放假辦法
Enforced Public Holidays for National Festivals and Memorial Days by MOHRSS- 2025年1月1日，人社部辦公廳發布了關于做好《國務院關于修改〈全國年節及紀念日放假辦法〉的決定》貫徹實施工作的通知。該通知要求各地要指導企事業等單位依法安排職工休假，確保廣大職工應休盡休。通知還特別指出，企業等單位依法安排職工在法定節假日工作的，應當另外支付給職工不低于勞動合同規定的其本人日或小時工資標準的300%支付工資報酬（即300%不含本人工資）。On January 1, 2025, The MOHRSS issued a notice on the implementation of the Revised Regulations on Public Holidays for National Festivals and Memorial Days. The notice requires local governments to guide employers to legally arrange holidays for employees. It also clarifies that employers should pay employees 300% of their daily or hourly wage rates (excluding base salary) for working on legal public holidays.
- 2025年1月1日，人社部發布了《關于職工全年月平均工作時間和工資折算問題的通知》。因制度工作時間計算時需扣除13天法定節假日，月均工作日由原20.83天變更為20.67天，即（365天-104天休息日-13天法定節假日）÷12月＝20.67天。但因法定節假日用人單位仍應當依法支付工資，折算日工資時不剔除13天法定節假日，月計薪天數仍需按照21.75天計算，即（365天-104天休息日）÷12月＝21.75天。On January 1, 2025, The MOHRSS issued a notice regarding the calculation of average monthly working days and wages for employees was issued. As holidays are deducted from working days, the monthly average working days per month are adjusted from 20.83 to 20.67. However, the employee’s average pay days shall still be 21.75 days/ month.
三、典型案例：人民法院案例庫新增7件勞動爭議案例，并將4件歷史入庫案例調整為指導性案例
Exploration of Typical Cases: The People's Court Case Database Added 7 New Labor Dispute Cases, and Adjusted 4 Historical Cases as Guiding Cases自2024年2月人民法院案例庫（“案例庫”）上線并向公眾開放以來，已收錄58件勞動、人事爭議案件，其中7件于2024年12月新收錄入庫。2024年12月23日，最高院發布首批新就業形態勞動爭議專題指導性案例，4件案例均為案例庫歷史收錄案例，本次案例庫調整為指導性案例。主要裁判要點總結如下：Since the People's Court Case Database ("Case Database") has launched to the public in February 2024, it has collected 58 labor and personnel dispute cases, among which 7 were newly included in December 2024. On December 23, 2024, the Supreme People's Court released the first batch of guiding cases on new employment forms, with 4 cases previously recorded in the Case Database now adjusted to guiding cases. The main opinions are summarized as follows:1. 4件指導性案例關注新就業形態勞動關系的確認，強調了法院對于勞動關系應進行實質審查，以及用人單位不得規避用工主體責任。
Four Cases Focus on the Confirmation of Employment Relationship in the New Work Form, Emphasizing That the Court Should Conduct A Substantive Review of the Employment Relationship and That the Employer Should Not Circumvent the Main Responsibility of Employing Workers在指導性案例237號中，法院根據勞動者的出勤時間、報酬領取方式、根據系統派單完成任務情況，認定該員工與公司之間存在從屬性，用人單位不能以簽訂承攬、合作協議為由規避勞動關系的成立。在指導性案例238號中，外賣騎手按平臺要求注冊為個體工商戶后再簽訂承攬、合作協議，法院根據協議實際履行情況，結合勞動者接單規則、薪資來源、日常工作管理，認定雙方之間存在勞動關系。In Guiding Case No. 237, the court determined that there was subordination between the employee and the employer based on the employee's attendance times, methods of remuneration receipt, and the completion of tasks according to system-assigned orders. The employer cannot evade the establishment of employment relationship by citing the signing of contracting or cooperation agreements. In Guiding Case No. 238, a take-away rider registered as individual businesses according to platform requirements and then signed contracting or cooperation agreements. In view of actual performance of the agreements, rules of orders-acceptance, payment of remuneration, and daily work management, the court determined that the employment relationship had been established between the parties.但在指導性案例239號中，由于經紀公司對網絡主播的工作時間、工作內容及工作過程控制程度不強，法院認定雙方不存在勞動關系，明確了因經濟關系所產生的履約要求與支配性勞動管理的界限；指導性案例240號中，法院亦認定勞動者對用人單位并無較強從屬性，認定雙方不存在勞動關系。However, in Guiding Case No.239, as the talent agency did not have a strong control over the working hours, working contents and working process of a live streamer, the court determined that the employment relationship did not exist between the parties, and clarified the boundary between the performance requirement arising from economic cooperation and dominant labor management. In Guiding Case No. 240, the court also determined that the employees and the company does not have strong subordination and there is no employment relationship between the parties.2. 7件新增案例涉及勞動關系的訂立及解除、工傷認定、約定不定時工時制度下加班費支付等問題。
Seven Cases Involve the Establishment and Termination of Employment Relationship, Verification of Work Injury and Payment of Overtime under the Agreed Flexible Working System在張某訴某公交公司案中，法院認定勞動者在某平臺實名投訴用人單位不按規定配發口罩，不符合因勞動者自身原因用人單位可以不續訂無固定期限勞動合同的無過失性辭退情形；勞動者符合勞動合同法規定的續訂無固定期限勞動合同的條件的，依法享有單方選擇權，用人單位無權拒絕續訂勞動合同。In the case of Mr. Zhang v. Public Transportation Company, the employee complained on a platform under his real name regarding that the employer did not provide him with face masks, and it was held that this case does not fall under the circumstance of a no-fault dismissal where the employer could choose not to renew the open-ended labor contract due to the employee's personal reasons; If the employee meets the conditions for renewal of an open-term labor contract as stipulated in the Labor Contract Law, he or she has the right to make a unilateral choice in accordance with the law, and the employer does not have the right to refuse to renew the labor contract.在黃某訴重慶某某公司案中，法院認定公司履行民主公示程序制定相關規定，明確滋擾或騷擾女職工將被開除，黃某利用職務之便對其部門女職工實施騷擾行為，導致多名女職工離職，屬于嚴重違反勞動合同及規章制度。In the case of Mr. Huang v. A Chongqing Company, the court held that the employer had fulfilled the democratic publicity procedures, specifying that nuisance or harassment of female workers would lead to dismissal, while the employee took advantage of his position to harass the female employees of his department, causing many female employees to resign, which constituted a serious violation of the labor contract and regulations.在某勞務公司訴天津市武清區人社局案中，法院認為，職工在下班后回宿舍收拾行李、前往乘車地點、回家這一整體過程，符合職工工作、生活銜接的客觀需要，應當認定為《工傷保險條例》第十四條第六項所規定的“上下班途中”受到非本人主要責任的交通事故應當認定為工傷的情形。In the case of A Labor Service Company v. Tianjin Wuqing District MOHRSS, it was held that the overall process of the employee returning to the dormitory after work to pack up luggage, going to the bus place and returning home was in line with the objective needs of the employee's work and life, and should be regarded as the circumstance in which the employee is injured in a traffic accident which was not caused by him/her “while commuting to or from work” as stipulated in Article 14(6) of the Regulations on Work Injury Insurance.孟某訴天津某云商公司案中，勞動合同約定為不定時工時制，但雙方并未實際履行，孟某實際每周工作六天，每天工作7.5個小時，法院認定用人單位應當按照標準工時工作制依法支付加班工資。In the case of Mr. Meng v. Tianjin Yunshang Company, the employment contract stipulated flexible working hours system, but without the actual performance of the parties. Mr. Meng actually worked six days a week and 7.5 hours a day, so the court ruled that the employer shall pay the overtime wages under the standard working hour system in accordance with the law.Exploration of Typical Cases: Beijing Municipality Released Typical Cases of Labor Disputes2024年12月17日，北京市人社局發布了2024年度十大勞動人事爭議仲裁典型案例，涵蓋網約家政工勞動關系認定、勞動合同解除、事業單位人事爭議等多個方面。我們認為可以重點提示的裁審觀點有：On December 17, 2024, Beijing MOHRSS released ten typical labor dispute arbitration cases in 2024, covering many aspects such as labor relationship determination of gig domestic workers, termination of labor contract, public institution personnel disputes, etc. The judicial views that we would like to highlight are as follows:1. 某家政公司和職工簽訂《合作協議書》及《家政服務用工協議》規避《勞動合同法》，裁審機構根據雙方主體資格、用工管理情況等認定雙方存在勞動關系。
A housekeeping company and the employee entered into the Cooperation Agreement and the Housekeeping Service Employment Agreement to evade the Labor Contract Law. The labor arbitration committee held that labor relationship shall be identified based on the subject qualifications and employment management of the parties.
2. 職工為索要未簽勞動合同雙倍工資差額，多次拒絕簽訂書面勞動合同，裁審機構認為勞動者為謀取不正當利益惡意拒絕簽署，違反誠實信用原則，駁回其仲裁請求。
The employee repeatedly refused to sign a written employment contract with the company and later claimed double pay for failing to sign the contract. It was considered that the employee maliciously refused to sign for the purpose of seeking improper benefits and violated the principle of good faith, and the labor arbitration committee rejected such arbitration claim of the employee.
3. 勞動者雖未于勞動合同約定的工資異議期內提出書面意見，不能以單純的沉默行為即視為勞動者對工資的認可和對工資請求權作出放棄的處分，且該約定屬于“用人單位免除自己的法定責任、排除勞動者權利的”無效約定，裁審機構對勞動者主張績效獎金差額的訴求予以支持。
Although the employee fails to put forward written opinions within the wage objection period as agreed in the employment contract, it shall not be deemed that the employee has recognized the wages and waived his/her right to claim for wages by simple silence act, and the such agreement was invalid because it "exempted the employer from its legal liability and excludes the employee's rights". The labor arbitration committee upheld the employee's claim for the difference in performance bonus.
4. 女職工在孕期不能適應原勞動的，用人單位應減輕勞動量或安排其他適應的勞動。某公司未與懷孕女職工協商一致，單方面調崗增加女職工負擔，職工未同意后要求解除勞動關系，認定構成違法解除。
When a female employee cannot adapt to her original work style during pregnancy, the employer shall reduce her workload or arrange other suitable work for her. Where a company failed to negotiate with a pregnant female employee and unilaterally transferred her to another post, thereby increasing her burden, and the employee refused, the company's request to terminate the labor relationship with the employee shall be determined to be an illegal termination.
5. 職工被認定為工傷后未按用人單位要求于指定時間到指定地點就診，但根據其傷情在居住地附近醫院就診并開具休假證明。裁審機構認定認為用人單位在未有證據證明職工病假存疑的情況下以其不配合調查為由解除勞動合同缺乏合理性，構成違法解除。
An employee, recognized as having a work-related injury, failed to take the medical treatment at the location and specified time as designated by the employer. Instead, the employee sought medical attention at a hospital near his residence due to the nature of the injury and obtained a medical leave certificate. The labor arbitration committee determined that the employer's decision to terminate the employment contract on the grounds of the employee's non-cooperation in the investigation, without evidence questioning the validity of the employee's sick leave, was unreasonable and constituted an unlawful termination.
6. 用人單位不得濫用競業限制損害勞動者權益，若職工不屬于高級管理人員、高級技術人員和其他負有保密義務的人員，則用人單位與該人員關于競業限制的約定無效。
Employers must not abuse non-compete restrictions to the detriment of employees' rights. If an employee is not a senior manager, senior technical staff, or other personnel with confidentiality obligations, any agreement on non-compete restrictions between the employer and such personnel is invalid.
7. 職工與醫院約定醫師規范化培訓的服務期為5年，違約金為500,000元，職工培訓期間享受了相應補貼和工資待遇，裁審機構認定服務期相關約定合法有效，最終判決職工提前2年離職支付培訓違約金150,000元。
An employee entered into an agreement with a hospital for a standardized physician training service period of 5 years, with a penalty for breach of contract set at RMB 500,000. The employee enjoyed corresponding subsidies and salary benefits during the training period. The labor arbitration committee determined that the service period-related agreement (bonding agreement) was legally valid and effective. The employee was ultimately ordered to pay the penalty of RMB 150,000 for breach of contract due to leaving 2 years ahead of schedule.
五、典型案例：重慶市、武漢市等多地陸續發布勞動人事爭議案件典型案例
Exploration of Typical Cases: Chongqing, Wuhan and Other Places Successively Released Typical Cases of Labor and Personnel Dispute Cases2024年12月26日，重慶市第五中級人民法院發布7個勞動爭議糾紛典型案例。其中，我們認為以下案例值得關注：On December 26 2024, the Fifth Intermediate People's Court of Chongqing Municipality released seven typical cases of labor disputes. Among them, we believe that the following cases are noteworthy:1. 案例1中，勞動關系存續期間，用人單位將本應向勞動者支付的“工資”以“經濟補償金”之名義向勞動者支付，勞動合同到期后主張已經履行經濟補償義務，裁審機構認定相關約定侵害了勞動者的合法權益，應屬無效。
In Case 1, the employer paid the wages that should have been paid to the employee in the name of “economic compensation” during the period of the employment relationship, and claimed that it had fulfilled the obligation of economic compensation after the expiration of the labor contract, and the labor arbitration committee found that the agreement infringed on the lawful rights and interests of the employee and was invalid.
2. 案例2中，用人單位以職工差欠墊付社保等費用為由拒絕履行申報退休手續，裁審機構認為及時為勞動者申請辦理退休手續是用人單位的法定義務，用人單位不能因職工差欠其墊付的社會保險費等理由拒絕為職工辦理退休手續。
In Case 2, the employer refused to process the retirement procedures, citing that the employee owed social security fee advances to the employer. The labor arbitration committee ruled that it is the employer's legal duty to promptly apply for retirement procedures and that the employer cannot refuse to process these procedures for the employee based on alleged social security advances owed by the employee.
3. 案例5中，公司設置績效工資及其支付條件，屬于依法行使自主經營管理權的行為。職工因任職期間故意或者重大過失行為導致用人單位虧損，用人單位有權依照《中華人民共和國公司法》和公司章程的規定，經合法程序形成內部決議，延遲或者停止發放績效工資。
In Case 5, the setting of performance pay and its payment conditions by a company is considered a lawful exercise of its autonomous management rights. The employer has the right to suspend or stop the payment of performance pay in accordance with the provisions of the Company Law of the People's Republic of China and the articles of association of the company, and through legal procedures to form an internal resolution.
2024年11月12日，武漢東湖高新區人民法院發布了5個勞動爭議典型案例，涵蓋新業態用工關系認定、企業商業秘密保護與人才合理流動、超齡勞動者合法權益等領域。案例5中，認定員工嚴重違反規章制度并行使勞動合同解除權時，除應審查制度合法性外，還應考量施行的合理性。公司以員工多次提前1分鐘離開工位認定為“早退”明顯欠缺合理性，且公司此前并從未向員工提及早退或整改事宜，公司解除勞動合同違法。On November 12, 2024, the People's Court of Wuhan East Lake High-Tech Development Zone released five typical cases of labor disputes, covering the identification of employment relationships in new work forms, the protection of trade secrets, the reasonable mobility of talent, and the legitimate rights and interests of workers over the age of retirement. In Case 5, when an employee is found to have seriously violated the rules and regulations, and the employer exercises the right to terminate the labor contract, both the legality of the system and the reasonableness of its implementation should be examined. The company's decision to regard the employee's repeated one-minute early departure from the workstation as ‘early off-duty (without approval)’ was clearly unreasonable. Moreover, the company had never mentioned the early off-duty issue to the employee or requested the employee’s rectification. Therefore, the company's termination of the employment contract was deemed unlawful.此外，上海、重慶等地法院接連發布勞動爭議典型案例。多地的案例中都涉及與網絡主播、外賣騎手、快遞員等典型新就業形態勞動者與平臺企業之間的勞動關系認定相關糾紛。In addition, courts in Shanghai, Chongqing and other places have released a series of typical labor dispute cases. Many of these cases involve disputes related to the determination of employment relationship between platform enterprises and employees engaged in new forms of employment, such as live streamers, take-away riders, and couriers.
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