The Dilemma Of Ascertaining The Labor Relations Of Network Anchors And The Solutions

With the vigorous development of the sharing economy and the new employment model based on the Internet platform,the combination of flexible employment and traditional labor has made the labor relationship appear non-standardized and diversified.Taking the emerging industry of webcasting as an example,this article collects judicial cases related to webcasting in existing judicial practice.It is found that this new employment model not only meets the needs of the live broadcast platform and the need to control the cost of employment,but also Webcasters' desire for independent and free work and flexible employment.The network management industry's business management model is quite different from the traditional industry's management model and employment methods.Its flexible labor management model and diversified salary payment methods have imposed new requirements on the existing labor relationship identification theories and standards.As the basic law on labor legislation,the Labor Law of the People's Republic of China and the Labor Contract Law of the People's Republic of China do not make specific provisions on the definition of labor relations.In judicial practice,the “Notice of the Ministry of Labor and Social Security on the Establishment of Labor Relations”is used as the basis for adjudication.Due to the abstraction of the constituent elements of labor relations stipulated in the “Notice”,judges in different provinces and cities or at different levels of the same province and city,based on According to their respective understandings,the results of the decisions made are quite different.The identification standards for labor relations are related to the scope of the main body of protection of laborers' rights established in the labor law.The formulation of the labor law is intended to construct and maintain a labor system applicable to our socialist market economy,and promote the development of our socialist market economy and social progress.According to the existing labor relationship recognition standards,it is used to identify the employment relationship in the network anchor industry.If rigidness is applied in judicial practice,it will not meet the legislative purpose established by China's labor law.The relationship is excluded from the scope of adjustment and protection of the labor law,which is not conducive to the protection of the core interests of workers such asnetwork anchors.How to correctly identify the non-standard labor relationship of webcasters requires an in-depth analysis of the employment characteristics of the webcaster industry,and excavation of its internal connection and difference with the traditional factory employment model.Establish a theoretical analysis framework of contractual strength,classify various types of existing labor relations,and screen out the types of labor protection that are applicable to the labor relations of network anchors,and protect the labor of the network anchors in the employment relations of the network anchor industry Provide theoretical support.In the identification of specific cases,change the original abstract subordinate attribute identification standards,conduct a substantive analysis of the contract involved,specify the various elements of labor relationship identification,analyze specific issues,and innovate the judicial review of the identification of labor relations on the Internet.Thoughts and refereeing methods,balancing the protection of the rights and interests of network anchors in a weak position in the employment relationship of the network anchor industry,building a harmonious labor relationship,and maintaining and adapting to China's economic and social development.