Research On Judicial Determination Of Labor Relations Of Web Anchors

Along with the economic development and changing times,the Internet technology as a means to achieve information exchange and sharing,convenient transactions,entertainment and leisure has become a new economic growth point,especially the rise of the live broadcasting industry,the number of network anchors is huge and growing rapidly,but the identity of network anchors is not clear.The traditional labor relationship is determined by personal dependency,economical dependency,organizational subordination and one of the three elements is missing.However,there are unique features in the employment mode of web casters,such as flexible labor mode,diversified ways of obtaining remuneration,and contractual source of rights and obligations,which make it difficult to confirm the labor relationship between online platforms and web casters.In this paper,it takes the adjudication results as the basis for classification,summarize the abstract adjudication basis from specific cases,find the contradiction points under the existing adjudication rules,and find that the differences between the labor relationship between the network anchor and the network platform are whether the network platform has implemented the management and control behavior,whether the salary of the network anchor is regarded as the salary and whether the agreement signed between the two parties has the labor agreement.Reflecting on the focus of disagreement in both legislative and judicial dimensions,the legal norms are too abstract,for example,the management and control connotations are vaguely defined and unreasonable in the scope of wage determination,the judicial determination is too mechanical,such as the formalized and rigid discretionary judgment paradigm for labor consent only intensifies the difficulties in determining labor relations.Based on this,the corresponding suggestions are made to clarify the connotation of management and control in legislation,broaden the scope of wage determination,judge the consensual nature of the agreement involved in the case based on facts in justice,adopt a combination of comprehensive evaluation and substantive subordination in judgment,and optimize the criteria for determining labor relations between online hosts and online platforms under the existing labor relations theory.The above measures can only alleviate to a certain extent the problem of difficulty in determining the labor status of network anchors,but there are still some network anchors whose labor relations cannot be recognized,and the "either-or" judgment of labor relations excludes network anchors with weak subordination,who should also be protected by corresponding rights.The atypical labor relationship provides a theoretical basis for the protection of the rights of network anchors.By drawing on the institutional experience of "German labor-like workers,British non-employee workers and Canadian dependent contractors",the classification of network anchors and the granting of related rights can seek a buffer zone for the protection of rights between the typical labor relationship and cooperative relationship.