small classroom on workers’ rights | when an anchor signs a brokerage contract, is it a labor relationship or a cooperative relationship between him and the company?
2024-09-21
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workers' rights classroom
original title: when an anchor signs an agency contract, is it a labor relationship or a cooperative relationship between him and the company?
we teach legal knowledge and relieve workers' worries. this is a small classroom for workers' rights and interests.
when an online anchor applies for a job at an agency, can the two parties be considered to have a labor relationship after signing the artist agency contract? let's take a look at this case heard by the jiading district people's court in shanghai.
in early march 2022, xiao wang applied to become an online anchor for a media company. the two parties signed an "artist agency contract", which stipulated that xiao wang must perform live every day at a fixed time, venue and account arranged by the company, and his salary would be paid monthly.
however, since july, the media company has unilaterally reduced the salary calculation ratio and delayed and defaulted on the payment of salary without reason. xiao wang sued the court, requesting confirmation of the existence of a labor relationship between him and the media company, and demanding the other party to pay the difference in the arrears of salary and commission. the media company said that the two parties signed the "artist management agency contract", which is a cooperative relationship rather than a labor relationship.
after trial, the jiading district people's court held that, first, xiao wang used the venue provided by the company to live broadcast and obtain rewards, and his work content was part of the company's business. secondly, the income from xiao wang's live broadcast was recorded by the company and then distributed, and he did not have autonomy. third, xiao wang completed his work in accordance with the company's instructions and was subject to its supervision, management, and constraints. although the "artist brokerage agency contract" signed by the two parties is not a labor contract, the performance of rights and obligations conforms to the characteristics of personal dependence and property subordination in the recognition of labor relations.
the court confirmed that there was a labor relationship between the plaintiff and the defendant, and ordered the media company to pay xiao wang a salary of more than 60,000 yuan. the contract was a brokerage contract, so why did the court finally determine that there was a labor relationship?
lawyer:
when determining the legal relationship between an online anchor and a contracted company, a substantive judgment should be made on the fulfillment of the rights and obligations of both parties based on the nature of the identity relationship, the method of profit distribution, etc.
for example, consider whether the employee needs to abide by the employer's rules and regulations and whether they accept the employer's daily management and supervision; consider whether the employee has economic subordination through factors such as the form of labor remuneration payment; whether the employee's work constitutes an important part of the employer's business, and whether the employee's work is organized and arranged by the employer.
employers under the new business formats should, based on the characteristics of the industry, seek truth from facts when entering into labor contracts with workers and establishing cooperative relationships with partners. this will facilitate clarification of the legal rights and obligations between both parties and also contribute to the healthy development of the new business formats.
this is the end of this mini class. see you next time.
producer: zhao jie
planning: zhang weijie
written by lu yue
hosted by lu yue
making white clean
source: workers daily client
