| The party's eighteen general cultural industries identified as the pillar industries and strategic emerging industries. Eighth session of the Fourth Plenary Session of the proposed decision of China's cultural undertakings according to law into the legal track. However Present Situation of Culture Industry employment contract is based brokerage replace labor contracts, labor law is set to false, a "broker management approach" and "business actor Regulations Implementing Rules" and other administrative regulations to conquer the world situation. Performing arts company to use its strong position to circumvent labor laws, serious damage to the basic labor rights of artists, the impact of our labor law system. The cases which violate labor law mainly include: First. Performers companies don't acknowledge that they are parties of the labor contracts due to its intermediate status; Second. Companies avoid the application of labor law based on the intermediary of brokerage contracts; Third. Performers experience many difficulties when trying to protect their rights. The reasons of the problems listed above are: First. The intermediary and the employer status of the performers company are not distinguished clearly; Second. The courts may regard the labor contracts as common civil contracts and don't realize the performers' vulnerability; Third. The study on the performers who are also part of the workers is not enough. In the context of economic transformation, it will impede the application of labor law to exclude the performers in cultural industry from the protection of the labor law. Consequently, we must take decisive measures to curb the trend in cultural industry that the performers company avoids the application of labor law. The employer status of the company needs to be clarified, the legal attribute of the performing brokerage contract needs to be clearer, and performers union need to be reformed to better protect the legal rights of performers. |
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