Between online broadcasters and MCN institutions, some sign brokerage agreements, some sign labor contracts, and some sign both... [How to sign an online broadcaster agreement?] Is it an employee or a partner? Dominating management "is the key issue in the context of the prosperous development of the online live streaming industry. Labor disputes arising from the signing of cooperation agreements between internet celebrities represented by internet hosts and MCN institutions are increasingly common. The lawyer stated that behind the complex signing models lies the determination of labor relations and civil relations. How to solve this difficulty in judicial practice? In previous reports, the reporter's investigation found that incubation contracts, full contracts, and business contracts are the main signing models between MCN institutions and online anchors. These three modes are not professional legal terms, they are just customary interpretations in the industry to distinguish between different modes. According to relevant lawyers, from a legal perspective, the main issue behind the complex signing models is the determination of labor and civil relationships. The difficulty in determining labor relations is something that everyone envies. In 2020, when she first joined a MCN agency in Changsha as an online anchor, she signed two contracts, one labor contract and one labor contract. Basic salary, five insurances and one housing fund, and welfare benefits are marked on the labor contract, while cooperation content such as live streaming hours, use of portrait rights, and performance distribution are written on the labor contract. She told reporters that according to industry insiders, she is an incubation contract and her account belongs to the company. Ms. Li, who works as an online anchor in Changsha, is different from Sun Yuan in that she only signed one contract. In 2021, Ms. Li, who is 22 years old, signed a "Performance Commentary Cooperation Agreement" with an MCN agency. After working for a period of time, Ms. Li was forced to resign due to vocal problems, and the company no longer paid her wages. Ms. Li sued the company for compensation. During the trial, there was a dispute between the two parties regarding the nature of the cooperation agreement. The MCN institution claimed that there was a cooperative relationship between the two parties, while Ms. Li argued that the "Interpretation Cooperation Agreement" signed by both parties was essentially a labor relationship. Zhang Yang, a former employee of a certain MCN organization, explained to reporters: "Like Sun Yuan, we sign both labor contracts and service contracts, with clear payment labels and less likely to have disputes. However, most online anchors, like Ms. Li, only sign a 'cooperation agreement' or 'disciplinary contract' with complex and variable terms. After a dispute occurs, both parties have their own arguments." He revealed that the cooperation agreement is applicable to a certain level of head or waist anchors when signing contracts with MCN organizations. Because both parties have communication chips and are in a relatively equal position. However, currently in the industry, only a small number of MCN institutions will directly sign labor contracts with anchors, and most still rely on agency agreements or cooperation. The main reason is that the live streaming industry is an emerging industry, and many work models are new. The flexibility of work time and space, the special income structure, and the traditional labor law framework have not been fully adapted. Whether there is a dominant labor management for the recognition and differentiation of labor relations between MCN institutions and online anchors, the reporter contacted Wang Tianyu, Deputy Director of the Social Law Research Office of the Institute of Law, Chinese Academy of Social Sciences. He told reporters, "Visually speaking, MCN agencies sign complex agreements with online anchors, some sign brokerage agreements, some sign labor contracts, some sign both brokerage and labor contracts, and some also sign cooperation agreements He believes that the relationship between MCN institutions and online broadcasters should be broadly classified into labor relations and civil relations, with civil relations further divided into labor relations, economic relations, etc. And cooperative relationship is a commercial term, and the basis of cooperation can be labor, commission, brokerage, etc. In judicial practice, reference can be made to the new employment form labor dispute topic first released in the 42nd batch of guiding cases issued by the Supreme People's Court. The Supreme People's Court clearly defines the essence and core characteristics of labor relations as whether there is dominant labor management between the employer and the labor party. Dominant labor management refers to the command and control of various aspects of the entire labor process by the employer, including setting working hours, locations, and content for the workers. If the worker does not obey the dominant management of the unit, the unit may impose punishment according to the rules and regulations. The biggest dispute between MCN organization and Ms. Li in her case also lies in this. MCN organization believes that there have never been any personal attribute management restrictions on Ms. Li. Ms. Li's live content and time slots are arranged by herself, and she is not required to comply with any labor discipline and rules and regulations during non live time. The revenue of both parties comes from live streaming tips, which are then distributed proportionally according to the contract, thus forming a cooperative relationship. Ms. Li believes that MCN company has an employment management and managed relationship with itself. And the contract stipulates that MCN company will purchase social security for itself, and the live streaming income will be controlled and determined by MCN company, which belongs to the nature of providing labor remuneration and belongs to the labor relationship. The court conducted a detailed review of the contract signed between the two parties, and found that due to clauses such as "Party B must obey Party A's work arrangements, have a 24-hour telephone connection, not lose contact, not violate Party A's arranged time for live streaming, must live stream for more than 130 hours per month, all income must be collected by Party A, Party B is prohibited from being inactive or negligent in work during work, complaining and evading responsibility. If significant losses are found, dismissal will be imposed and legal responsibility will be pursued in accordance with the law", the Hunan Provincial High Court ruled in the second instance that the MCN institution has formed dominant management over Ms. Li, and determined that the legal characteristics of the labor relationship between the two are met. Exploring security models to promote healthy development of the industry. In response to the above phenomenon, Xu Yuanyuan, a lawyer from Beijing Kyoto Law Firm, stated that regarding the dispute between MCN institutions and anchors, based on the currently published cases, most anchors advocate for the existence of labor relations in order to terminate contracts, wages, compensation, and social insurance; MCN institutions usually advocate for equal cooperation between both parties and claim liability for breach of contract, job hopping, and other behaviors of broadcasters. At the same time, the ownership of account usage rights has become a focal point of controversy between MCN and broadcasters. Starting from judicial practice, she reminded online anchors: "When signing a contract with MCN institutions, one must think twice before acting. Clarify whether the two parties have a labor relationship or a cooperative relationship, how to arrange social security and housing fund, how to agree on non compete restrictions, and which party the account should belong to." Wang Tianyu believes that the 42nd batch of guiding cases issued by the Supreme People's Court reflects the protection of the rights and interests of workers in new forms of employment. Confirm those that comply with labor relations in accordance with the law and protect their rights and interests; For new situations that do not constitute a labor relationship but have a certain degree of labor management and belong to new forms of employment, reference can be made to the "Labor Tripartite Method" in the "Guiding Opinions on Safeguarding the Labor Security Rights and Interests of Workers in New Forms of Employment" jointly issued by the Ministry of Human Resources and Social Security and eight other departments in 2021. For the new situation, the current legal system has not fully kept up with it. We need to explore a model and plan for industry protection based on document regulated agreements. He also suggested that the contracts signed between online hosts and MCN agencies are too complicated. You can try to establish an industry association to explore templates for labor contracts or written agreements that conform to current development laws, standardize contract details, and guide the healthy development of related industries. (New Society)