Research On The Identification Of Legal Employment Relationship Of Network Anchors In The Platform Economy

With the development of the platform economy,the scale of the online live broadcasting industry has expanded,and the live broadcasting industry plays a pivotal role in internet economy.The network anchor industry under the new business model has also become a reservoir for absorbing employment,but at the same time,it cannot be ignored that in recent years,employment disputes involving network anchors have also been increasing.In judicial practice,judges have frequently made different judgments on the identification of employment legal relationship of network anchors in the same case,resulting in the inability to properly protect the rights and interests of workers under the new business model and hindering the development of the live broadcasting industry.Therefore,it is necessary to explore how to reasonably identify the employment relationship of network anchors.Through case studies,it is found that the reason for the divergence in the identification of employment legal relationship of network anchors lies in the inconsistent identification standards of subordination under the new business model,the challenge to the “labor dichotomy” model,and the dispute over the nature of the“cooperation agreement” by judges.On the basis of the above research,this paper combines the content of “Guiding Opinions on Maintaining Labor Security Rights and Interests of Workers in New Employment Forms ” and puts forward relief countermeasures: first,we should deeply understand the connotation of “Guiding Opinions on Maintaining Labor Security Rights and Interests of Workers in New Employment Forms”,learn from foreign experience of non-standard labor relations,combine with actual platform employment,improve non-standard labor relations,and treat network anchors who are subject to labor management by platform employers as“ non-standard workers ” who enjoy partial preferential protection of labor law without fully meeting the conditions for establishing labor relations,so as to build a feasible “ labor tripartite ” system.Second,judges should flexibly apply subordination identification standards,examine multiple factors for subordination,and then judge the specific legal relationship between employers and workers.Third,judges should not be bound by contract names,clarify the nature of “cooperation agreements”,and make substantive judgments on employment relations,reasonably identify the legal status of network anchors,protect the legitimate rights and interests of workers in new business models,and help build a harmonious platform employment relationship.