" Bottom Line " Synopsis
On September 17th, the TV series "Bottom Line" starring Jin Dong , Cheng Yi , Cai Wenjing , directed by Liu Guotong, scripted by Fei Huijun and Li Xiaoliang, was held and released in Beijing. meeting.
"Bottom Line" is my country's first legal drama with a panoramic view of the judicial reform of the people's courts. It focuses on the story of three generations of court personnel who continue to develop on the judicial road under the background of the new era, and the people's judges take on the mission. The drama started to be conceived in 2019. It began to collect styles in October 2020 and started in February 2022. It was completed on May 30 of the same year. The project lasted 3 years, and the AB double team was filmed for 94 days. In the preparatory stage of the filming, the "Bottom Line" project team systematically organized the wind-collecting team to go to more than 60 courts and mediation organizations, including Changsha, Hengyang, Beijing, Shanghai, Hangzhou, Shenzhen, Guangzhou, etc. Organizational structure and operation mechanism. Interviewed more than 200 front-line court workers and established character prototype files: grassroots judges transformed from lawyers, 59-year-old civil judges still handling cases in the front-line, China's first batch of intellectual property judges, post-90s post judges and other typical figures.
"Bottom Line" in collects various complex cases that can show the various states of the world, such as the " sudden death case of internet celebrity anchor in the live broadcast room" that Fang Yuan is responsible for, and a "milk tea shop franchise" that Ye Xin is responsible for mediating "The Case", "The Case of Helping You Die by Jumping the Body" in charge of Song Yufei, "The Case of Mu Ziqi's Husband v. Ge Qingqing" undertaken by Fang Yuan and Chen Kang, etc. Behind every dossier, there are joys and sorrows.
Luo Youyou's sudden death in the live broadcast room
The first episode of "The Bottom Line" is aimed at the current hot live broadcast delivery industry. Internet celebrity anchor Luo Youyou died suddenly during the live broadcast of Kaba Kaba company. Kaba Kaba is an MCN organization that is an Internet celebrity incubation company. It has signed a "brokerage contract" with Luo Youyou. Is a labor contract or a labor relationship? decides whether the internet celebrity incubator needs to be liable for compensation. The sudden death of the
internet celebrity female anchor has aroused the attention of the whole network. Under the hype of the internet celebrity company, the popularity of personal microblogs and live broadcast rooms has skyrocketed. But the family members of the deceased are also using public opinion to force the Internet celebrity company to give higher compensation. It can be seen that the greed of human nature and the profit-seeking of capital!
Xingcheng District Court filing court
Fang Yuan asked Luo Youyou's parents to mediate again
The anchor's parents insisted on one million
Kaba Kaba company did not want to give
the third episode of the hit drama "The Bottom Line", Xingcheng District People's Court The mediation between the two parties has been unsuccessfully organized many times. At the first instance stage, the People's Court generally applies the summary procedure to hear labor dispute cases. In the play, the Xingcheng District People's Court consists of three judges to hear the case. It can be seen that the Xingcheng District Court attaches great importance to the complex and typical cases with very large disputes. Gao, and conducted a public live broadcast of the entire trial of the case.
Court trial live
Luo Youyou's family attorney read out four claims: 1. There is a labor relationship between Luo Youyou and Kaba Kaba Company; One-time work-related death subsidy totals 1 million yuan; 3. Stop using the Weibo account involved in the case (i.e., Luo Youyou's millions of fans account); 4. The defendant shall bear the litigation costs of the case.
Kaba Kaba Company argued that: 1. Luo Youyou and Kaba Kaba Company signed a "brokerage contract", which is a civil and commercial contract between equal subjects, and there is no labor relationship; 2. From the perspective of income sources, Luo Youyou's income is mainly derived from the rewards or rewards obtained by attracting fans through third-party online live broadcast platforms.It is dividends, etc., not directly from the Kaba Kaba company. The source of income of the anchor does not have the characteristics of wages under labor relations; 3. From the perspective of personal affiliation, the anchor has the right to freely determine the content, format, and duration of the live broadcast. And places, etc., Kaba Kaba company only provides brokerage and intermediary services, and there is no corresponding live broadcast business itself. Therefore, the court is requested to dismiss all claims in accordance with the law.
's defense is over, and the case has entered the stage of proof and cross-examination. First of all, the plaintiff, the anchor's family, provides evidence: 1. Luo Youyou's online transfer record before his birth, the payer is Kaba Kaba Company, and every month, the transfer is made to the anchor, which can be regarded as Kaba Kaba Company's regular monthly payment. salary. 2. Luo Youyou used an access control card at Kaba Kaba Company before his birth. Luo Youyou converted the access control card into an analog access control card through the online purchase service for convenience. The defendant Kaba Kaba company cross-examined the plaintiff's evidence: 1. The Alipay transfer records are the commissions and bonuses issued by the company, not fixed wages. 2. The access card issued to the anchor is to facilitate the anchor to enter and exit the company, and that's all, it does not mean that the anchor is a company employee.
Next, the defendant provided evidence: 1. The WeChat chat records of Peng Peng and Luo Youyou; 2. The Brokerage Contract between Kaba Kaba Company and Luo Youyou. The plaintiff's cross-examination opinion : The brokerage contract is only a contract name, and in terms of its substance, we believe that there is still a labor relationship between the two parties.
The defendant applied for a witness Peng Peng to appear in court to prove that Luo Youyou was forced by his parents to earn money and that Luo Youyou committed suicide. The plaintiff asked witnesses to prove that Peng Peng worked at a fixed time, and Luo Youyou had a free live broadcast time. The court asked the witness: "Is Luo Youyou's live broadcast time free? Luo Youyou's live broadcast time is from 7:00 pm to 2:00 am, and there are obvious rules, especially during special online shopping periods such as "Double Eleven" and "6.18". Is it freedom to work all night? Witness: "That is voluntary by the anchor, whether it is free, I can't say! "
......(The "court debate" and "final statement" are omitted in the play) The
collegial panel withdrew from the court and conducted a comprehensive review, thinking: According to the evidence of both parties, combined with factors such as workplace and salary payment, it can be seen that Luo Youyou Working in the workplace provided by Kaba Kaba company, the company pays labor remuneration, and is bound by the company's internal management system. The two parties are not independent and equal subjects, but have a relationship of management subordination, which is in line with labor The legal feature of the relationship is that there is a labor relationship between the two parties. In the end, the Xingcheng District People's Court ruled in court: 1. There is a labor relationship between Luo Youyou and Kaba Kaba Company; 2. Kaba Kaba Company should compensate Luo Youyou's family within 10 years funeral subsidy, pension for dependents and one-time work-related death subsidy totaling 1 million yuan; 3. Kaba Kaba company immediately stopped using Luo Youyou Weibo account; 4. The plaintiff's other claims were dismissed. Reflection: 1, people are not machines, people have limits, and the company's system design is completely in the direction of maximizing profits, this will be the stifling of human and human nature! This stifle, it uses struggle, realizes self-worth, and various The success theory rhetoric is used as a rhetoric to allow workers to engage in spontaneous self-exploitation. 2. What is more distressing is that Kaba Kaba company did not reflect on its own work rules, but used it to hype and attract public attention. Pay attention and make profits for the company! This kind of practice goes against the public order and good customs of the company, so we should be vigilant! 3. The passing of young lives is regrettable, and we should place our condolences on the deceased in the correct way! Letting the deceased rest in peace is for the deceased The most important respect! After
pronounced the verdict, the attorney representing the defendant (dual-certificate lawyer who returned from studying in the United States) talked to the official chief judge of the trial court: "Before, all the contracts of Internet celebrity incubators and Internet celebrities were identified as compound contracts; But the results now appear to challenge existing judicial practice. "President Fang: "The United States is case law , and China is statute law, and specific cases are analyzed in detail. "
lawyers commented
1, the play basically presents the real court trial process, court investigation, evidence and cross-examination, court inquiries, collegial panel review, judgment in court and other court trialsThe links are displayed one by one, and the whole process is in French. This is one of the most authentic legal dramas so far.
2, the judgment result of labor disputes in the play is indeed related to judicial practice (4 major misunderstandings: there is a contract, a basic salary, a job license, but it does not necessarily constitute a labor relationship!) The legal relationship between the Internet celebrity incubator and the anchor is identified differently. Although the two parties signed the "brokerage contract", according to the analysis of the actual performance of the contract, according to the trial of the case in the play and the evidence of both parties, the monthly fixed salary payment, the credit card swiping at work, the location and time of the live broadcast are subject to the company's management constraints. The relationship between Luo Youyou and Kaba Kaba Company complies with all the conditions for establishing labor relations in the Notice on Matters Concerning the Establishment of Labor Relations [Labor and Social Security Department (2005) No. 12] issued by the former Ministry of Labor and Social Security of my country . First, Luo Youyou and Kaba Kaba Company meet the legal qualifications; second, Kaba Kaba Company's management system constrains Luo Youyou, and there are access cards, face-swiping attendance systems, etc., which are applicable to Luo Youyou. , the witnesses proved that the working hours are fixed and the anchors have attendance; third, the company Alipay transfers to Luo Youyou every month and pays labor remuneration.
3, the work-related death benefit in the play is obviously lower than the standard stipulated by the current law: the work-related death benefit includes three items: funeral subsidy, pension for dependents and one-time work-related death subsidy. Among them, the one-time work-related death subsidy in 2022 Gold standard: 948,240 yuan｜The national unified, and the funeral subsidy is 44,437 yuan, and the total of the two has been 992,677 yuan; Grandchildren, grandchildren, brothers and sisters, etc. Therefore, if counts the pension for dependent relatives, it will definitely be higher than 1 million yuan.
Extended reading
《Labor Contract Law》
Article 7 An employer shall establish a labor relationship with an employee from the date of employment. The employing unit shall establish an employee roster for reference.
" Notice on Matters Concerning the Establishment of Labor Relations" [Labor Social Affairs Bureau (2005) No. 12]
1. If the employing unit recruits laborers without entering into a written labor contract, but meets the following conditions at the same time, the labor relationship is established.
(1) Employers and workers meet the subject qualifications stipulated by laws and regulations;
(2) Various labor rules and regulations formulated by employers in accordance with the law are applicable to workers, and workers are subject to the labor management of the employer, and are engaged in the arrangement of the employer. paid labor;
(3) The labor provided by the laborer is an integral part of the employer's business.
2. The employer has not signed a labor contract with the employee, and the following documents may be referred to when determining that the two parties have a labor relationship: Records;
(2) "Work Permit", "Service Permit" and other documents that can prove identity issued by the employer to the laborer; Recruitment records;
(4) attendance records;
(5) testimonies of other workers, etc.
Among them, the relevant vouchers of items (1), (3) and (4) shall be the burden of proof on the employer.
《 Regulations on Industrial Injury Insurance》
Article 39 If an employee dies due to work, his close relatives shall receive funeral allowances, pensions for dependent relatives and one-off allowances for work-related deaths from the Industrial Injury Insurance Fund in accordance with the following regulations:
( 1) The funeral subsidy is 6 months for the last year in the co-ordinating areaAverage monthly salary;
(2) The pension for dependent relatives shall be distributed to relatives who are incapable of working and provide the main source of living before the death of the employee according to a certain percentage of the employee's own salary. The standard is: 40% per month for spouses, 30% per month for other relatives, and 10% per month for the elderly or orphans. The sum of the approved pensions for all dependent relatives shall not be higher than the wages of the employee who died due to work. The specific scope of supporting relatives shall be stipulated by the social insurance administrative department of the State Council; if a worker dies on the job, how should the payment scope and amount of the pension for supporting relatives be determined?丨Encore Labor Law Practice
(3) The one-time work death subsidy standard is 20 times the per capita disposable income of urban residents nationwide in the previous year.
" Regulations on the Scope of Dependent Relatives of Employees Who Died Due to Work"
Article 2The term "dependent relatives of employees who died due to work" as used in these Regulations refers to the employee's spouse, children, parents, grandparents, maternal grandparents, grandchildren, and grandchildren ,brothers and sisters.
The term "children" as used in these Regulations includes legitimate children, illegitimate children , adopted children and stepchildren with a foster relationship, among which, legitimate children and illegitimate children include posthumous children;
"parents" as mentioned in these Regulations, Including biological parents, adoptive parents and step-parents who have a relationship of support;
The term "brothers and sisters" in these regulations includes brothers and sisters of the same parent, half-brothers or half-brothers, adoptive brothers and sisters, and those with a parental relationship. step-siblings.
