Abstract
Abstract: In China, labour providers can be classified as employees or independent contractors. Using food delivery riders as an example, this article collects legal judgements to investigate how judges adjudicate lawsuits regarding riders' status as workers (whether employees or independents). Legal formalism is a basic approach to legal adjudication. As a derivative of this approach, judges make use of the employee status identification rule to analyse cases by considering various factors, including riders' freedom to decide when and where to work and details of the control exerted on them. Judges are more likely to grant employee status to injured riders since the latter need workers' compensation benefits—an indication of legal pragmatism.
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