Identification Of Labor Relations Of Network Anchor

Under the background of "Internet plus",the webcast industry is rising.The network anchor has become a hot occupation pursued by all of us for its flexible and loose working mode.Different from the traditional factory employment mode,the loose management mode of live broadcast platform and brokerage company for network anchor makes the subordination characteristics of network anchor weaken,and the application of traditional labor relations judgment theory is limited.The increasing number of labor dispute cases of network anchor has become a new problem in judicial practice.Most of these cases are based on the identification of labor relations of network anchor.Whether network anchor has the legal status of workers is related to whether network anchor can be protected by labor law,including social insurance,rest and vacation,and labor dispute resolution It is the key to solve the labor dispute of network anchor to list the labor rights and determine the scientific judgment standard under the new labor relations.Based on the above reasons,the author takes the case of a labor contract dispute between the brokerage company and the anchor Yang as an example,trying to analyze the two controversial focuses of this case: first,whether there is a labor relationship between the plaintiff’s brokerage company and the defendant Yang in this case;second,whether the defendant Yang should bear the relevant liability for breach of contract to the plaintiff’s brokerage company in this case.Based on the analysis of current laws and regulations,judicial interpretation and legal theory,the author comes to the conclusion that the employment mode of live broadcasting platform should be considered to identify the labor relationship of network anchor,clarify the legal relationship between network anchor,brokerage company and live broadcasting platform,and investigate the substantive subordination of network anchor in the process of live broadcasting by integrating case facts.Finally,combining with network anchor and platform,the author puts forward some suggestions According to the analysis of the specific case,it is concluded that there is no labor relationship between the anchor Yang and the brokerage company.According to the brokerage company and the anchor Yang signed the "acting activities brokerage contract" and the actual performance,using the basic analysis method of claim for damages for breach of contract to determine the anchor Yang’s liability for breach of contract,the anchor Yang should bear the corresponding liability for breach of contract to the brokerage company.Finally,the author puts forward some suggestions to improve the dilemma of labor relations identification of network anchor and the protection of legitimate rights and interests of network anchor.