Is there a labor relationship between the network anchor and the platform?

There is no labor relationship between the network anchor and the platform.

The reasons for not recognizing the existence of labor relations are as follows:

1, labor relations refers to the rights and obligations of workers engaged in labor paid by employers under the management of employers. However, the network anchor can choose the live broadcast location and place by himself, without going to the office designated by the platform company, observing the company's rules and regulations on attendance, not being bound by the rules and regulations of the employer, and not conforming to the subordinate characteristics of labor relations.

2. Although the platform has an agreement on the minimum live broadcast duration and content of the anchor, it is determined by the professional characteristics of the industry. In fact, the anchor can decide the duration of the live broadcast and the theme content of each live broadcast.

3. About income. In fact, the anchor's income depends on how much fans reward, which is different from the traditional labor law in which employers pay wages to workers.

The criteria for determining labor relations are as follows:

1, the employer and the employee meet the subject qualifications stipulated by laws and regulations;

2. Workers accept the labor management of the employer and engage in paid labor arranged by the employer, and the labor rules and regulations formulated by the employer according to law shall apply;

3. The labor provided by laborers is an integral part of the employer's business.

To sum up, not all economic contracts should be regarded as labor contracts. For example, if the anchor and the brokerage company conclude a brokerage contract based on the principle of mutual benefit and risk sharing, the anchor can decide what to broadcast without violating the law, and the reward also comes from the live broadcast income, then it can be considered that there is no subordinate relationship between the network anchor and the brokerage company, and the two parties should have a civil contractual relationship.

Legal basis:

Article 2 of the Notice of the Ministry of Labor and Social Security on Relevant Matters Concerning the Establishment of Labor Relations

If the employer has not signed a labor contract with the employee, it may refer to the following documents when determining that there is a labor relationship between the two parties:

(a) payment vouchers or records (payroll), the payment of various social insurance premiums;

(2) Work Permit, Service Certificate and other documents that can prove the identity issued by the employer to the employee;

(3) Employment records such as Registration Form and Application Form filled out by employees;

(4) attendance records;

(5) Testimonies of other workers, etc.

Among them, the relevant documents in items (1), (3) and (4) shall be borne by the employer.