Xi reporter Yin Xining, Liu Yinheng, reporter Huang Chong.
During the "Double Eleven" shopping festival, the atmosphere in the live broadcast room of **Tuogang Cultural Communication*** was hot, and the staff was busy selling goods through live webcast. The company was founded by Kyaw Lie, a 36-year-old young Tibetan with physical disabilities, most of whom are also disabled, and mainly deals in stationery and ethnic musical instruments. The format of live shopping has expanded their sales channels, allowing people with disabilities who are unable to move to become good salespeople. The picture shows the anchor Bian Sang selling the ** traditional musical instrument Zha Nianqin in the live broadcast. Photo by Xinhua News Agency reporter Jiang Fan.
I signed up with both companies because they were formal enough. In the view of the post-95 network anchor "Good Luck", factors such as contracts, salary, and benefits are the main factors to measure whether a job is regular.
In the past 3 years as an online anchor, the products broadcast by "Good Luck" involve beauty, skin care, local life and other categories, and recently turned to maternal and child products, and the way of working has also shifted from full-time to part-time.
"Good Luck" explained that when she was a full-time anchor, she mainly signed a labor contract with the brand and received a salary according to the time specified in the labor contract, "(The labor contract) has 'five insurances and one housing fund', the provident fund can be withdrawn, and the medical insurance can also be used." In fact, everyone wants 'five insurances and one housing fund'. ”
With rising salary expectations and a desire for freedom at work, Good Luck is currently signing contracts with two brand partners to participate in live streaming as a partnership rather than a labor relationship. After that, she had to pay "five insurances and one housing fund" by herself, and she was more cautious in choosing partners.
Good luck" said frankly that some more mature anchors will join the anchor group of the same category, and inform each other which brands do not pay salaries on time and are easy to run away, so that their peers can "avoid lightning".
When new occupations become employment "outlets", how to create a healthier career development space for new career practitioners?
In recent years, more and more deputies and members of the National People's Congress and the National People's Congress have proposed to improve welfare protection and labor rights protection, improve the employability of young people in new occupations, and enhance their social identity.
Professor Chen Bing, deputy dean of the School of Law of Nankai University and a researcher at the Interdisciplinary Science Center for Digital Economy of Nankai University, has long been concerned about online car-hailing drivers, anchors, food delivery riders and other groups. He introduced that the platform economy relying on the Internet is a manifestation of the digital economy, and when new professional practitioners pay attention to the protection of their rights and interests, they should first clarify key words such as new occupations and new employment forms.
In Chen Bing's view, at present, the basic subjects in the new employment form include workers with the characteristics of the new individual economy (new employment form workers), various sharing economy platform employment enterprises (sharing economy employment platform), enterprises or platform enterprises that provide services for sharing economy platform employment (sharing economy employment service platform), and ** regulatory authorities. Compared with the traditional employment model, the new employment form has more types of entities, complex rights and obligations, and vague regulatory bases and boundaries.
He believes that there is an intersection between some workers with the characteristics of the new individual economy and the new occupations that have emerged in recent years. For example, if an anchor signs a cooperative relationship with a platform establishes a cooperative relationship with a live broadcast platform, the anchor, as the carrier of labor, pays time in exchange for money, and the platform provides a stage and also obtains traffic. However, if the anchor accepts the specific management, operation packaging, and remuneration payment of the live broadcast platform, it is by no means a so-called "cooperative relationship" between the two.
The relationship between the labor supply side such as the anchor and the live broadcast platform and the labor demand side such as the specific employment enterprise can be expressed as the market-oriented "cooperative relationship" between the live broadcast platform and the specific employment enterprise. The cooperative relationship between the anchor and the live broadcast platform" and the "cooperative relationship between the live broadcast platform and the specific employing enterprise" are all market entities with "self-determination of income and self-risk", and when the anchor suffers personal injury or infringement of the rights and interests of a third party, it is very easy to give rise to compensation disputes. Of course, in a specific case, it is necessary to analyze it in light of the actual situation that occurred in the case.
When there is a dispute between a practitioner and an internet platform, Chen Bing believes that it is first necessary to clarify how the remuneration of the practitioner is realized, and whether there is a subordinate and management relationship between the practitioner and the platform. If the platform monetizes the traffic and data brought by the workers, then the sharing and sharing mechanism between the practitioner as the provider of digital labor and the platform as the beneficiary on how to distribute the profits and the responsibilities that may arise need to be determined according to the specific situation. From the perspective of relevant liability, it is still necessary to look at the phenomenon of live broadcasting, if there is false publicity about the function and quality of goods or services, etc., or false transactions such as traffic fraud and credit speculation due to the illegal use of digital technology, the damage caused to consumers and other operators may involve the responsibility of multiple entities, and it is not excluded that the platform bears corresponding responsibility for the anchor.
In terms of protecting the rights and interests of new forms of employment, how to further promote the formation of a joint force among individuals, enterprises and society?Chen Bing believes that the regulatory authorities should focus on grasping the key elements and links of the healthy development of the new employment form employment industry, look at the true appearance through the appearance, decentralize the market, specialize in their own duties, and improve servicesUnder the guidance of the first to establish a trade union organization for new employment form practitioners, on behalf of the majority of employees in the new employment form, speak out and defend their rights;The new employment service platform and the employment enterprises have established industry associations and organizations to actively expand the communication channels between labor and management, and listen to the urgent demands of employees in the new employment form. On this basis, it is necessary to establish a linkage and coordination mechanism for flexible employment in new forms of employment composed of regulatory authorities, trade unions of new employment forms, and industry associations, so as to give full play to the initiative and enthusiasm of multiple entities in consultation, joint construction, joint governance and sharing, and ensure the healthy development of new forms of employment and new business forms.
*: China Youth Daily client.