Is there a labor relationship between online anchors and platforms? After work, does WeChat office count as overtime? The digital age has brought about new changes in labor patterns, which have also led to new problems and disputes. In recent years, the people's courts have played a functional role in providing judicial services to promote the construction of harmonious labor relations, properly resolving labor disputes in accordance with the law, continuously meeting the higher requirements of workers in confirming labor relations, equal employment, rest and vacation, promoting high-quality and full employment, achieving dignified work, and laying a solid foundation for the happiness of "thousands of lights". Based on the actual employment recognition of labor relations, Song was officially employed as an online domestic cleaning worker through job application and training, breaking the "illusion" of avoiding employment responsibilities. The employee based housekeeping company where Song works signed a housekeeping service agreement with him under the guise of cooperation, which stipulated that Song would provide in house cleaning services to customers according to the company's arrangements, and during the cooperation period, he would not engage in housekeeping service work through other platforms. During a cleaning service, Song was injured due to work. When she contacted the company to claim compensation according to the standard of work-related injury insurance benefits, she did not expect the company to propose that there was no labor relationship between the two parties and refuse to pay compensation. "Working 6 days a week, the company distributes cleaning orders through the home service platform. When there are no order tasks, the company also arranges other work according to the company's arrangements. How could there be no labor relationship?" Song couldn't figure it out. After she applied for arbitration to the arbitration commission, the commission confirmed the labor relationship between the two parties. But a certain domestic service company was dissatisfied and filed a lawsuit in court. "The focus of the dispute in this case is whether Song and a certain domestic service company are in compliance with the situation of entering into a labor contract. According to the" Notice on Matters Related to Establishing Labor Relations ", the focus should be on examining whether both parties are legitimate entities in establishing labor relations and whether there is a strong degree of labor management between the two parties." Judge Liao Weiwei introduced that Song is a legitimate entity in establishing labor relations; At the same time, the company has a strong degree of labor management over Song, which is in line with the situation of entering into a labor contract. Can an agreement signed under the guise of cooperation avoid employment responsibilities? "The company requires Mr. Song to abide by work rules and control and manage his working hours through methods such as issuing full attendance bonuses and deducting service fees, which has a strong personality dependency. The company has access to user demand information necessary for Mr. Song to engage in domestic service industry, and pays Mr. Song a fixed salary structure on a monthly basis, which has a strong economic dependency. The company includes Mr. Song in its domestic service organizational system for management and restricts him from entering other organizations through measures such as prohibiting multi platform employment. In response to the company's defense, the Intermediate People's Court of Xuzhou City, Jiangsu Province, ruled that based on the principle of priority of facts, it is determined that there is a labor relationship between the two parties.". In addition to the field of domestic affairs, in recent years, the online broadcasting industry has also faced the issue of labor relations recognition. Some brokerage companies follow the traditional approach of establishing civil partnerships with broadcasters, with the main focus on cultivating well-known broadcasters and distributing profits through agreed upon sharing methods. But the main purpose of some companies hiring anchors is to carry out "live streaming sales", and anchors do not have the right to negotiate personal packaging, live streaming content, etc., reflecting strong subordinate characteristics. In arbitration and judicial practice,
Edit：Ying Ying Responsible editor：Shen Chen
Source：People.cn
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