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Author	Prof Tan Jie
Organisation/Institution	China-ASEAN Law School of Guangxi University for Nationalities
Country	SINGAPORE
Panel	Labor and Employment Law
Title	A Comparative Study on the Identification of Labor Relations in Platform Employment between China and Indonesia in the Digital Economy Era
Abstract	Currently, the gig economy is reshaping the landscape of traditional employment. In China, through the principle of "case-by-case review plus substantive judgment", a comprehensive identification standard for "subordination" has been gradually formed in judicial practice. Along with the introduction of policies safeguarding the rights and interests of workers in new employment forms, it presents the dual characteristics of "de-labor-relationalization" and "re-protection".In contrast, Indonesia still mainly adheres to the binary classification framework of the Manpower Law, applying an either-or definition between traditional employees and freelancers to platform workers. This has resulted in a large number of gig workers being trapped in a "gray area" with insufficient legal protection.A comparative study reveals that China is gradually constructing a hierarchical protection system through judicial activism, while Indonesia is confronted with the challenge that its legal system lags behind the development of new business formats. Notably, both countries face the dilemma of balancing employment flexibility and the burden on enterprises.In the future, China and Indonesia can learn from each other in terms of platform employment regulation. China may refer to Indonesia's ongoing exploration of legislation on "the third category of workers", while Indonesia can draw on China's practical experience in breaking through the protection of individual rights and interests such as occupational injury insurance.It is suggested that investors pay close attention to the evolution trend of policies in both countries. On the basis of compliant operations, they should jointly promote the establishment of a labor protection system adapted to the digital era. This is not only a safeguard for workers' rights and interests but also an inevitable requirement for the sustainable development of the platform economy.
Biography	Tan Jie, Doctor of Laws, Professor at the China-ASEAN Law School of Guangxi Minzu University, Doctoral Supervisor, and Visiting Scholar at the University of Hong Kong. I also hold the following positions: Legislative Expert Consultant of the Standing Committee of the 14th People's Congress of Guangxi Zhuang Autonomous Region, Legislative Advisory Expert of the Nanning Municipal People's Government, Member of the Chief Legal Advisory Expert Team of the Law Society of Guangxi Zhuang Autonomous Region, Senior Consultant at Deheng Law Offices (Nanning), Distinguished Professor of the Lecturer Group of the CPC Nanning Municipal Committee, Vice President of the Guangxi Institute of Human Resources and Social Security Law, Vice President of the Guangxi Institute of Economic Law, Director of the Labor Law Research Institute of Guangxi Modern Legal Research Institute, Director of the Labor Dispute Arbitration and Litigation Research Center of the Guangxi Institute of Economic Law, Arbitrator of the Nanning Arbitration Commission, and Arbitrator of the Guilin Arbitration Commission. My research expertise focuses on Labor Law & Social Security Law and Economic Law.