网络主播劳动关系认定研究

Study on the Recognition of Labor Relationship of Network Anchors

随着平台经济的迅速发展,网络主播作为一种新型职业也应运而生。网络主播的工作时间和工作地点更加灵活,报酬支付方式也更加多样,与传统工厂用工相比劳动从属性极大的弱化,导致司法实践中出现劳动关系认定率低、同案不同判现象显著等问题。这反映了目前我国面临的“二元框架”制约网络直播形态、传统劳动认定标准过于僵化以及司法审判规则流于形式等问题。因此本文认为可以通过构建劳动关系分层调整模式,完善关系认定标准以及司法裁判规则来准确判断网络主播的劳动关系。

With the rapid development of the platform economy, network anchor, as a new type of occupation, also came into being. Network anchor’s work time and workplace are more flexible, and the payment method is more diverse. Compared with traditional factory employment, the subordinate nature of labor is greatly weakened, which leads to problems such as low recognition rate of labor relations and obvious phenomenon of different judgments in the same case in judicial practice. This reflects the problems that China is facing at present, such as the “dual framework” restricting the form of webcasting, the traditional labor identification standard being too rigid, and the judicial trial rules becoming a mere formality. Therefore, this paper believes that we can build a hierarchical adjustment model of labor relations, and improve the relationship recognition standards and judicial rules to accurately judge the labor relationship of network anchors.