An e-commerce platform in Shenyang signed an agreement with the anchor to implement a standard working hour system, but calculated the working hours based on the duration of the live broadcast...... How to calculate the working hours of anchors to be reasonable and legal? Experts suggest that the corresponding working hours standard system and labor quota standards should be designed for anchor employment.
"How can it be reasonable to work an average of 8 hours a day, and the salary is calculated based on the duration of the live broadcast for 6 hours?" said Shenyang e-commerce anchor Manman. On December 18, 2023, after mediation by the Labor Dispute Mediation Center of Huanggu District, Shenyang City, Shenyang e-commerce anchor Man Man received a salary of 2,000 yuan from a food company in Liaoning. This made her clear how to calculate the anchor's working hours to be reasonable and legal.
How can the calculation of working hours of network anchors be reasonable and legal? A reporter from the "Workers' Daily" interviewed relevant experts on this.
The duration of the live broadcast is different from the working hours, and the salary is paid
In July 2023, Man Man went to a food company in Liaoning to work as an online anchor and operation position. The two parties signed an agreement to work 8 hours a day and earn 50 yuan per hour for live broadcasting. After 4 months of work, Man Man has been broadcasting live on the platform for an average of 6 hours a day, and live for an average of 22 days per month. Later, due to the company's adjustment of the live broadcast project, the company applied for resignation, and the two parties had a dispute over the unsettled wages before resignation.
Manman believes that in addition to the 6 hours of live streaming online every day, she also needs to prepare for product delivery, update logistics information, shoot clips and post videos, and respond to user inquiries. In fact, the average working day is 8 hours.
The two sides negotiated privately to no avail, and in November 2023, Man Man went to the Labor Dispute Mediation Center in Huanggu District, Shenyang City to seek help and ask the company to pay back wages. Mediator Shi Hui believes that the two parties have agreed on the working hours, and the employer should arrange the work and rest time of the employees in strict accordance with the system when the employer determines the implementation of the standard working hour system, and should not secretly change the concept and calculate wages by the hour.
Should the working hours of online anchors be calculated according to the standard working hours system?", not really, first, it depends on the identity of the anchor, and second, it depends on whether the agreement between the two parties is reasonable. Ren Lichun, general manager of Shenyang's "Lishan Xing" Internet celebrity supply live broadcast base, said that online anchors are divided into star signing and training contracting, and star anchors are usually business partnerships. The anchor who cultivates the contract is usually in a labor relationship with the company or platform, and the company or platform increases the anchor traffic through various forms such as training and packaging, and the anchor also brings benefits to the company or platform.
Since the income calculation methods for cultivating contracted and non-contracted online anchors involve working hours and are diverse, labor disputes are likely to arise. Ren Lichun said that in practice, the traditional method of calculating working hours is not suitable for the special profession of anchors. The traditional method of calculating working hours is generally based on working hours, and divides working hours into two parts: working hours and rest periods, which cannot accurately reflect the workload and work results of anchors.
There are many disputes over online anchors' recourse compensation
"The ambiguity of labor agreement is the crux of the dispute between Manman and enterprises or platforms. Shi Hui said. The legal nature of the contract signed between the online anchor and the company or platform is unclear, and it is named with words such as "cooperation agreement", "strategic contract" and "development plan", making it difficult to determine the labor agreement between the two parties.
The location, time, content and form of Manmanman's work are subject to the arrangement and management of the food company, subject to the rules and regulations of the food company, and the Manman's work content belongs to the main business of the food company. As a result, there is a de facto employment relationship between the parties. "Many online anchors and companies don't understand whether the two parties are in a labor relationship, a labor relationship or a cooperative relationship. Shi Hui said.
Meng Yuping, a legal expert from the Liaoning Provincial Labor and Personnel Dispute Research Association, found that the focus of disputes in the case of online anchors' recourse to labor remuneration disputes is not only the calculation method of wages, but also whether the guaranteed salary can be deducted, and whether the commission is calculated by the hour or by income.
On May 1, 2023, Wang Xiaoxia went to an e-commerce live broadcast platform to engage in live streaming. In that month, Wang Xiaoxia broadcast live for 26 days, and the live broadcast lasted for 6 hours in 23 days, with a total of 158 hours. However, according to the agreement, the company only paid a share of 324.53 yuan.
Wang Xiaoxia took the e-commerce live broadcast platform to court, and after the trial, the court held that the terms of the e-commerce platform were interpreted as saying that even if the anchor met the agreement on the number of live broadcast days and the total duration of the live broadcast in the whole month, and only one day of live broadcast was less than 6 hours, it was obviously unreasonable not to pay the guaranteed income for the whole month, which increased Wang Xiaoxia's responsibility and supported Wang Xiaoxia's 70% of the income as appropriate.
"The reason for these disputes is related to the flexible employment form of enterprises and the relatively weak management. Ren Lichun explained. Some live-streaming enterprises or platforms have a loose form of employment, have not set up a special management department for anchor working hours, have not formulated clear standards for calculating working hours and wages, and have not monitored and evaluated anchor working hours and wages.
Seek solutions in the present
"Our base adopts a comprehensive timing method, and the current anchor turnover rate is very low, and anonymous questionnaire statistics show that everyone is also highly satisfied with the salary. The live broadcast base operated by Ren Lichun determines different minimum wages according to the number of fans and abilities of the anchor, and determines the working hours according to the live broadcast duration of the anchor every day and the completion of the live broadcast task.
"If the anchor reaches the required number of live broadcast hours every day and completes the live broadcast task, it is considered to be working all day. If it is not satisfied, it will be considered as a half-day work. The longer the live broadcast duration, the better the completion of the live broadcast task, the higher the live broadcast income, and the more the relative converted working hours, the higher the salary. Ren Lichun said.
This calculation method comprehensively considers factors such as the anchor's working hours, live broadcast duration, completion of live broadcast tasks, and live broadcast income, which can calculate working hours and wages more fairly and reasonably, and can also motivate anchors to improve work quality and work efficiency.
On July 16, 2021, the Ministry of Human Resources and Social Security and other eight departments issued the Guiding Opinions on Safeguarding the Labor Security Rights and Interests of Workers in New Forms of Employment, and the provincial-level governments issued implementation plans for safeguarding the labor security rights and interests of workers in new forms of employment around January 2022, with the aim of improving the working mechanism for the protection of the rights and interests of workers in new forms of employment from the perspective of laws, regulations and policies. "In view of the lag of legislation, it is possible to investigate the employment issues of the online live broadcast industry first, explore them through administrative norms, respond to the employment problems of the online live broadcast industry in a timely manner, and lay the foundation for judicial and legislative norms. Meng Yuping said.
Meng Yuping believes that it is also necessary to improve legislative guidance and urge companies to standardize employment, promote the implementation of the legitimate rights and interests of online anchors, and resolutely adhere to the bottom line of legal protection. (The name of the person concerned has been changed).