Foreword
At the same time, the problem is that due to the lack of familiarity with the relevant laws and regulations, many anchors have unclear legal relationships in various cooperation agreements, labor contracts and brokerage contracts signed with MCN institutions.
Brief facts of the case
Anchor A and Company B signed a cooperation agreement, and the two parties agreed that anchor A would serve as the anchor on the ** platform, and Company B had the right to arrange anchor A to conduct live broadcasts from time to time based on its own needs, business needs and actual conditions, and A guaranteed that the live broadcast time was not less than 26 days per month and the duration was not less than 208 hours. The sharing rules and payment methods are not specified in the Cooperation Agreement. Later, a wage dispute arose between the two parties, and A claimed the unpaid wages from Company B.
A's claim is as follows: 1. Confirm the employment relationship between the two parties; 2. Request B to pay the corresponding salary.
B's defense arguments were: 1. There was no employment relationship between AB.
Verdict
The labor arbitration, the first instance, and the second instance all supported A's claim.
The court held that
Regarding the nature of the legal relationship between the parties. Although the two parties signed the Cooperation Agreement, from the terms of the Cooperation Agreement and the actual performance, Company B decided on the working hours, place and manner of A, and A obeyed the employment command of Company B, and the Cooperation Agreement determined that A was required to perform strict non-compete obligations with exclusive and exclusive provisions, and the employment relationship between the two parties had the characteristics of personality subordination; A's income remuneration is directly related to Company B, and the two parties have expressly agreed to be "wages", so the employment relationship between the two parties has the characteristics of economic subordination. The court of first instance found that the legal relationship between the two parties was an employment relationship, which was not improper, and this court affirmed it.
Case Study
The characteristics of the determination of the labor relationship between the anchor and the MCN company are: 1. Whether there is a master-slave relationship between the anchor and the institution, that is, whether the anchor's working hours, location, content, etc. are restricted by the relevant rules of the institution; 2. Whether the anchor's income is salary income, and if it is salary income, a labor relationship is probably formed between the two parties.
Conclusion
When a host signs a contract with an organization, they shall design the corresponding contract terms based on the legal relationship between the two parties, and must not change the nature of the contract due to problems in setting the terms.