Research On The Recognition Of Labor Relations Of Network Anchor

The effective protection of the legitimate rights and interests of workers is based on the recognition of labor relations.There are two ways of recognition: one is based on the written labor contract;the other is based on Article 1 of the notice on the establishment of labor relations(hereinafter referred to as the notice)issued by the Ministry of labor and social security to judge whether the subject is qualified,the personality is subordinate and the economic business is subordinate In general,the legal provisions on the determination of labor relations are limited.The new employment mode appears and develops with a strong momentum.The characteristics of this kind of employment are significantly different from the traditional standard labor,showing the characteristics of weak subordination,multiple forms,random combination of work elements,and the overall form of employment is fragmented.At present,there is no applicable legal norms for the determination of the nature of the new employment relationship in China.In judicial practice,judges often determine that the two parties belong to the labor relationship according to the service agreement between the platform and the anchor,which is easy to cause the workers' rights and interests under the hidden labor relationship can not be guaranteed in time.In recent years,cases involving the nature of employment between the anchor and the live broadcast platform account for a large proportion of labor disputes.When dealing with this kind of new employment relationship cases,each court has different judgment results through different interpretations of the three subordinate attribute standards(personality subordination,economic subordination and business subordination)in traditional labor relationship identification,which seriously damages the unity of judicial judgment.Therefore,it has become one of the important tasks in the field of labor law to solve the problem of identifying the nature of employment in new industries.This article consists of five parts:The introduction of the first part mainly elaborates the research background and research significance of the employment relationship between network anchors.It analyzes the research status of substantive certification standards at home and abroad and the research status of flexible employment.It provides a theoretical basis for further research,and proposes its own research ideas and method.The second part is a review of the relevant theories of labor relations,including the connotation and definition of labor relations,and a brief introduction to the basic concept,characteristics and development of network anchor employment.The third part is to sort out,summarize,analyze and summarize the judgment of the cases related to the employment nature of the network anchor,to compare the influencing factors of the judge's determination by the way of tabulation,to focus on the controversial points and to make a specific analysis combining with the judgment background of our country.The fourth part is to analyze the reasons why it is difficult to identify the new employment relationship,such as network anchor,mainly from the perspective of the asynchronous development of employment and system in the era,as well as the single lag of the identification standard in judicial practice.The fifth part is to put forward the improvement suggestions based on the reason analysis.For example,to expand the method of evolution from the attribute standard to adapt to the times,to learn from the non-standard labor system of European and American countries,to the method of hierarchical management of workers,whether not to tangle is the labor relationship,the workers are always weak,and insist on protecting the rights and interests of workers The method of basic principles and the final return to the starting point are based on the most essential feature of labor relations,that is,the employer seizes the surplus value of workers.