The determination of the employment relationship of network anchors should be judged from the aspects of subject qualification, personal affiliation and economic subordination. Attention should be paid to the comprehensive consideration of the parties' agreement, the employment status of the anchors, the degree of management of the host by the host company, the distribution of the host income, and other factors to correctly determine the relationship between the network anchors and the host company. [Case] A seafood business department is an individual industrial and commercial household specializing in the wholesale and sale of primary aquatic products. From April 2021, Chen went to a seafood business department to sell seafood through webcast. A seafood business department will pay Chen a commission of 2% of Chen's monthly sales, and a subsidy of 100 yuan per day will be given according to Chen's attendance days. Mr. Chen joined the live broadcast group of a seafood business department. The head of the business department, Mr. Luo and his wife, Mr. Wang, arranged the live broadcast personnel, venue and time uniformly through WeChat group, and summarized and publicized the monthly sales of all anchors. They also made requirements for the product interpretation, display methods, and the prohibition of playing mobile phones during the live broadcast, and the prohibition of no communication during the whole process. Later, Chen Mou believed that a seafood business department had reduced the percentage of its sales of finished products for no reason, and the two parties had a dispute. Chen Mou filed a labor arbitration, claiming to confirm the labor relationship and requiring the Marine Products Business Department to pay the wage arrears, economic compensation and double wage difference without signing a written labor contract. The labor and personnel dispute arbitration committee of Rizhao Economic and Technological Development Zone, after hearing, ruled in support of Chen's application. A seafood business department was not satisfied with the arbitration ruling and believed that the two parties were not labor relations but cooperative relations, so it filed a lawsuit in this case. [Judgment] After hearing, the People's Court of Rizhao Economic and Technological Development Zone, Shandong Province, held that a seafood business department and Chen met the legal subject qualification for establishing labor relations as stipulated by laws and regulations. Chen sold seafood through webcast is one of the main businesses of a seafood business department. A seafood business department arranged and deployed relevant business work through WeChat group, To conduct daily management and pay labor remuneration to Mr. Chen, it should be determined that there is a factual labor relationship between the two parties. Therefore, the judgment confirmed that there was a factual labor relationship between the two parties, and a seafood business department paid Chen the arrears of wages, economic compensation and double wage difference. After the judgment, a seafood business department refused to accept and filed an appeal. After hearing, the Intermediate People's Court of Rizhao City, Shandong Province, held that Chen's live broadcast account, live broadcast venue and time were owned or determined by a seafood business department. The head of a seafood business department managed and arranged Chen's live broadcast work through WeChat group, and there was a relationship between management and management between the two parties; A seafood business department pays a commission to Chen according to the proportion of total sales, and a subsidy of 100 yuan per day according to Chen's attendance days, which is within the scope of labor remuneration. Therefore, the relationship between a seafood business department and Chen was in line with the characteristics of the factual labor relationship. The court of first instance determined that the relationship between the two parties constituted a labor relationship, and ruled that a seafood business department paid Chen's arrears of wages, economic compensation and double wage difference, which was not improper. Therefore, the court rejected the appeal and upheld the original judgment. [Comment] The focus of dispute in this case is Chen and a seafood
Edit：Ying Ying Responsible editor：Shen Chen
Source：rmfyb.chinacourt.org
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