Research On The Recognition Of Employment Relationship Via Live Streaming

With the arrival of digital era,the platform economy has created numerous new positions for people,which greatly facilitates economic growth in a completely new way.However,rules and regulations always lag behind the changing world and this consequently blurs the boundary of legal protection for all platform workers.Live streaming has emerged as one of the fastest-growing forms of employment through online platforms in recent years,and there has been much attention and discussion on how to better protect workers in this industry.The following are two fundamental aspects to tackle with this problem: one is to improve the system of determining labor relations for streamers in China,and refine the criteria for determining labor relations by clearly defining the scope of workers and employers and introducing the criteria for determining non-standard labor relations.And according to the type of labor relations,the "trilogy" adjustment model with "intermediate workers" is constructed,and different groups of workers are protected in layers to balance the needs of economic development of platform.The second is to improve the judicial adjudication path of the determination of labor relations in China’s live streaming by flexibly applying the subordination determination standard through elemental investigation,and then to respect and examine the true consent of the parties when judging the validity of the "cooperation agreement".Finally,the judicial guidance cases should be issued in a timely manner to reduce the phenomenon of "different judgments in the same case".