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主播与经纪公司签经纪合同 法院认定不构成劳动关系
Xin Lang Cai Jing· 2026-01-28 12:34
Core Viewpoint - The court ruled that the relationship between the streamer Wu and the agency is a civil cooperation relationship rather than a labor relationship, rejecting Wu's request to confirm a labor relationship [1][2]. Group 1: Contractual Details - The contract between the agency and Wu was signed in August 2022, with a duration of three years, stipulating that Wu must live stream for at least 135 hours per month and 25 days per month, with a revenue split of 50% for both parties [1]. - The agency provided Wu with a guaranteed minimum income of 11,500 yuan per month for five months, while the live streaming account remained under Wu's personal ownership [1]. Group 2: Court's Reasoning - The court found that the relationship did not meet the criteria for a labor relationship, as the contract lacked necessary labor contract terms, and the agency's services aligned with civil cooperation characteristics [2]. - Wu had autonomy over the live streaming schedule and location, and the agency's guidance did not constitute labor management, with revenue distribution and guarantees executed as per the contract [2]. - The court emphasized that a labor relationship requires three attributes: personal subordination, economic subordination, and organizational subordination, which were not present in this case [2].