Research On Competition Restriction Of Network Anchors

With the popularization of the Internet and the rapid development of the platform economy,new forms of employment are constantly emerging,and flexible employment on Internet platforms is rapidly rising.Its subordinate nature gradually weakens,the workplace and its management shift from the physical space to the virtual space,resulting in a large number of transitional labor forms between subordinate labor and independent labor,breaking through the judgment system of standard labor relations.Among them,the network anchor is a typical representative that arouses social attention.Disputes arising from job-hopping between network anchors and live broadcast platforms occur frequently.However,opinions on the nature of the contract between anchors and platforms and the competition restrictions of anchors are not unified in judicial decisions,and there are many disputes in theoretical and practical circles.The core issue to be discussed in this article is how to determine the nature of the relationship between the live broadcast platform and the network anchor,and whether the non-competition restriction system under the traditional labor law has a valid basis for its application.The issues discussed in this article come from judicial practice.There are three main doubts in the judicial judgment of the disputes caused by the "job-hopping" of the network anchor: firstly,the relationship between the anchor and the live broadcast platform is qualitative;Secondly,although the host and the live broadcast platform are not recognized as labor relations,the exclusive service clauses in the agreement between the host and the platform are recognized as valid.Thirdly,based on the validity of exclusive terms of exclusive services,it further supports the request to continue to perform exclusive terms of exclusive services.Therefore,three questions need to be answered: First,how is the relationship between the anchor and the live broadcast platform qualitative,labor relationship or labor relation? Second,most courts directly acquiesce that the host's "job-hopping" violates the terms of the live broadcast platform that prohibits him from serving on other competing live broadcast platforms during the contract period,which is not consistent with the views of the theoretical circle and the current legislative provisions of our country.Because only the "Company Law" imposes non-competition obligations on employees who have mastered commercial secrets,the legitimacy and legality of non-competition obligations are in doubt.Third,whether it is improper and illegal to continue to enforce the exclusive service clause due to restrictions on personal freedom or workers' freedom to choose a job.In order to solve the problem of whether the non-competition clause can be applied between the network anchor and the live broadcast platform,it is first necessary to solve the qualitative problem of the relationship between them,that is,the identification of labor relations.Anchors can be divided into different types according to the content of the cooperation.Except for the contract anchor with extremely close subordinate management relationship with the platform,other types of anchors do not constitute labor relations due to too loose management relationship with the platform.However,the contract anchor does not fully meet the identification criteria of typical labor relations and has some elements of labor relations,so it can be classified into the category of atypical laborers.In order to study the legitimacy of the host's duty of non-competition,we need to start with the legal basis of non-competition.Based on the connotation,purpose and legal basis of system setting of the non-competition system,and in combination with the particularity of the network live broadcasting industry and the network anchor industry,the legitimacy and boundary of the expansion and application of the non-competition system in the labor law in the field of network live broadcasting can be clarified.Its legitimacy lies in the following points: First,the expansion demand of the interests protected by competition restriction;Second,the result of free will choice under the principle of freedom of contract;Third,the new requirement of loyalty obligation under the cooperation mode between anchor and platform.The boundary lies in that anchors who have not invested resources in the live broadcast platform for training and promotion shall not be applicable and shall not exceed the scope required for the purpose of safeguarding legitimate business interests.For anchors that constitute atypical labor relations and anchors that do not constitute labor relations,there are both differences and similarities in the legitimacy of non-competition restrictions and countermeasures.The difference lies in that the anchor who forms the atypical labor relation with the platform is in the position of a laborer,and the restriction on competition can be applied conditionally,which is justified in labor law.However,anchors that do not constitute labor relations do not belong to laborers.Based on the comprehensive consideration of platform interests and industry order,the non-competition restriction system in the applicable company law can be used as a reference to restrict the similar behavior of network anchors that "seek business opportunities belonging to the company for themselves or others by taking advantage of their positions".The common feature is that the process of live broadcast service provided by the anchor has strong personal attributes and cannot be separated from personality rights.However,the incubation of the anchor is the product of the joint effect of the anchor's own quality and efforts and the resources input of the live broadcast platform,which are indispensable.Therefore,in order to protect the economic benefits and competitive advantages generated by the early resource input of the live broadcast platform,the agreed on-the-job non-competition clause can be applied within a reasonable range,regardless of whether the host is in the position of a worker or not and whether the anchor has mastered business secrets.