Research on Identification of Employment Relationship of Network Broadcast

DOI: https://doi.org/10.62517/jel.202414307

Author(s)

Huiyuan Chen

Affiliation(s)

Faculty of Law, China Jiliang University, Hangzhou, Zhejiang, China

Abstract

The rapid development of the platform economy has had a comprehensive impact and challenge on employment, labor relations, social security, and other aspects. In the face of the impact of the development of platform economy on the standards for determining labor relations, legislation and policy should be planned before action. This article starts with the identification of employment relationships in online live streaming and explores the causes of the identification difficulties that exist in practice. In judicial practice, it is mainly recognized as a civil relationship between equal subjects according to the Notice on Matters Related to the Establishment of Labor relations, which makes the labor rights and interests of platform anchors not effectively protected. When determining the employment relationship of network live broadcast, we cannot excessively rigidly apply the theory of dependent attributes and we should investigate the substantive subordination, the personality subordination and the economic subordination of a variety of factors. At the same time, the necessity of social protection should be taken into account. According to different kinds of network broadcast employment, it can be divided into standard labor relations, non-standard labor relations and labor relations, and it is determined according to specific cases.

Keywords

Network Anchor; Labor Relations; Dependency; Non-standard Laborrelations; Necessity of Protection

References

[1] Quanxing Wang, Preliminary Thoughts on Labor Employment Forms and Labor Relations under the Background of "Internet plus". Chinese Labor, 2007 (8): 7-8. [2] Tianyu Wang, Beyond the "Labor Dichotomy": The Basic Position of Legal Adjustment in Platform Employment. Journal of China Institute of Labor Relations, 2020 (4): 77. [3] Tianyu Wang, Explanation path and specification system of "quasi employees" of Internet platform employment. Global Legal Review, 2021 (4): 85. [4] SORGE S. German law on dependent self-employed workers: A comparison to the current situation under Spanish law. Comparative labor law and policy journal, 2010 (2): 249-250. [5] Decheng Xie, The Function Expansion and Institutional Adjustment of Labor Law in the New Era. Contemporary Law, 2019 (4): 109. [6] Quanxing Wang, Qi Liu, Characteristics, Challenges, and Legal Regulations of Flexible Employment in China's New Economy. Legal Review, 2019, 37 (04): 79-94. [7] Quanxing Wang, Qian Wang. Identification of Labor Relations and Protection of Rights and Interests of "Online Contract Workers" in China. Law, 2018 (04): 57-72. [8] Yongqian Tu, Reconstructing the Labor Law System to Address Flexible Employment. Chinese Law, 2018 (5): 228. [9] Xiaoning Chen, On the Legal Regulation of Non-standard Labor Relations. Era Law, 2010, 8 (03): 69-75. [10] Xingpei Dong, Mingqian Li, Research on the Recognition of Labor Relations in Online Live Streaming Employment. Journal of Shandong University of Science and Technology (Social Sciences Edition), 2021, 23 (06): 38-45. [11] COUNTOURIS N. The changing law of the employment relationship: Comparative analyses in the European context. Aldershot: Ashgate Publishing, 2007: 72.