Research On The Identification Of The Labor Relationship Between The Webcast Platform And The Anchor

In recent years,the rise of the Internet economy has given birth to many new types of employment through Internet platform transactions.The live broadcast industry is a typical example.While the live broadcast industry is rapidly driving economic development,many new problems have also arisen.In judicial practice,there are many differences in determining the relationship between the webcast platform and the anchor.Most courts judge the relationship between the two parties as a civil contractual relationship between equal subjects,and the results of a few courts recognize the two parties as a labor relationship.Due to the lagging nature of the law,my country currently has no regulations on the nature of the legal relationship between the live webcast platform and the anchor,and there are still few discussions in the academic circle,which leads to the existence of different judgments in the same case in practice.In order to clarify the relationship between network broadcast platform and the host,this article first from the no litigation cases network has chosen three typical practical cases and on this basis,summed up the three controversial focus: namely live platform of anchor job requirements whether have live income gained by the administration,the host whether belong to "pay",the host can and relations of the broadcast platform in accordance with the purpose of judgment.Through analysis,the author believes that in order to solve these controversial points and better identify the relationship between network broadcast platforms and anchors,we need to focus on the identification standards of labor relations.As for the identification standards of labor relations,the mainstream view in China holds that none of the three characteristics of personality dependency,economic dependency and organizational dependency should be dispensable.However,with the development of Internet economy,a large number of new employment methods have emerged,such as the live broadcasting industry.The flexible and complex characteristics make it different from the traditional ways of employment in terms of personal and economic subordination,and the application of the traditional standards of identification of labor relations has gradually exposed the shortcomings of rigidity.On the contrary,in the countries outside the region,the civil law system countries mainly use the subordination standard to determine the labor relations.For example,the identification of labor relations in Germany is based on and centered on personality subordination,and the identification of labor relations in Japan takes the use of subordination as the standard.Common law countries mainly adopt the control standard to determine the labor relationship.For example,the United States has established the economic reality standard,and the United Kingdom needs to comprehensively consider the effective control standard,organization standard,multiple standard and risk standard.Close analysis of the broadcast industry will be the host of the working characteristics compared with the traditional labor relation,they can be found in the work time,work,work,and pay remuneration way there are different,but the different is not will anchor the essence of the worker identity,on the contrary,the host always faced by supervision and control,live platform control the technology,resources,The income from live broadcasting is the main economic source of host broadcasting.The main work content of anchors,namely,live broadcasting activities,is the core business of the live broadcasting platform.All kinds of substantive performance can reflect the subordinate nature of anchors in the aspects of person,economy and organization.But because of the law,the employer to the employee of the "management" this behavior is not fully explain,scope of the provisions of the "wages" is too narrow and the dependency rigid standards,led to the court when the referee no clear basis,dilemma when facing a new form of employment disputes,easily lead to different connection.Moreover,the author thinks that it is inappropriate for some courts to take consent as a criterion of judgment.Purpose belongs to the scope of party autonomy,mainly is suitable for the power equality between the two sides in civil contract,and in the relationship between the host and live platform,live platform tend to grasp more advantage of economy,information,technology,these are likely to lead to live platform using its strong position force anchor unequal conditions of agreement,so you need to live platform appropriate limits,Avoid its "consensual" on the grounds of damaging the rights and interests of anchors.In view of these problems in practice,the author believes that the employment relationship of network live broadcast platforms can be regulated from the following aspects: firstly,the connotation of "management" in personality subordinate attributes should be specific and clear,and various elements should be flexibly used in the identification;To broaden the scope of "wages" in economic subordination,as long as the remuneration obtained from employers for providing labor is regular and constitutes the main source of income of labor providers,it can be identified as wages.In addition,in order to make the Internet economy under the new labor relations judgement more flexible,conform to The Times characteristics,the author put forward innovative transformation method of property,whether in one kind of social relationship of labor relations,should reduce the over-reliance on properties of personality,supervision and restriction by the employer to the employee,it is possible,When the key elements of economic dependency and organizational dependency are strong,they can be treated as labor relations.