A Report On T Labor Relations In Wuhan's Express Service Industry

In recent years,the geometric growth of users of major network broadcast platforms has promoted the rapid development of the live broadcasting industry and the rise of the anchor profession.According to public data,the number of anchors on inke,douyu,YY,longzhu and other major anchor platforms has exceeded 3.5 million.The emergence of the network anchor profession has increased employment and brought about many problems,especially many disputes between the platform and the anchor.The livestreaming platform stipulates the relationship between the two parties as a cooperative relationship through the terms of the agreement.The court also determines that the two parties belong to a cooperative relationship based on the terms of the agreement,and the relevant provisions of civil law and contract law shall apply.It is difficult for network anchors to enjoy the protection of labor law if they are not identified as labor relations,and they will not have social insurance and other welfare benefits.At the same time,due to the fact that the livestreaming platform is not an employer in labor relations,it lacks the management authority over network anchors,and the quality of livestreaming content is difficult to control,and violations of laws and regulations are frequent.On the other hand,due to the lack of legal basis for the non-competition agreement signed between the livestreaming platform and the anchor,there are many disputes in practice.In judicial practice,there are differences on whether the labor relationship can be identified between live broadcast platforms and network anchors.Although the live broadcast industry has new employment characteristics,it is difficult to fully meet the traditional labor relationship identification standards.However,both sides have the characteristics of labor relations from the way of salary distribution and from the nature.Meanwhile,the live broadcast platform has stipulated the non-competition restriction clauses in the agreement.If there is no labor relationship,the non-competition restriction clauses lack legal basis.Therefore,whether the employment relationship between live broadcast platforms and network anchors is adjusted through labor law or the application of civil law requires interest measurement.From the perspective of the balance between industry development and the protection of anchors' rights and interests,the protection of network anchors' rights and interests is placed under the framework of social law,and the application of labor law is innovated.Second,reasonable agreements on competition restrictions.Live broadcast platforms can agree on competition restrictions on the premise of recognizing labor relations,and network anchors can get appropriate compensation and enjoy unilateral termination rights.Third,the appropriate choice of social insurance.It is mandatory for live broadcast platforms to buy three kinds of social insurance for network anchors: medical insurance,endowment insurance and work-related injury insurance.