Research on Identification of Employment Relationship of Network Broadcast

The rapid development of the platform economy has had a comprehensive impact and challenge on employment, labor relations, social security, and other aspects. In the face of the impact of the development of platform economy on the standards for determining labor relations, legislation and policy should be planned before action. This article starts with the identification of employment relationships in online live streaming and explores the causes of the identification difficulties that exist in practice. In judicial practice, it is mainly recognized as a civil relationship between equal subjects according to the Notice on Matters Related to the Establishment of Labor relations, which makes the labor rights and interests of platform anchors not effectively protected. When determining the employment relationship of network live broadcast, we cannot excessively rigidly apply the theory of dependent attributes and we should investigate the substantive subordination, the personality subordination and the economic subordination of a variety of factors. At the same time, the necessity of social protection should be taken into account. According to different kinds of network broadcast employment, it can be divided into standard labor relations, non-standard labor relations and labor relations, and it is determined according to specific cases.