A female anchor’s application to quit was rejected
Recently, a female college student posted on a social platform that she joined a live broadcast organization last year, thinking she could earn pocket money part-time, but she didn’t expect that after more than a month of live broadcasting, Not only was he unable to get a basic salary, but he was also troubled by the one-year contract he signed with the agency. Many netizens commented that they had similar experiences and that they were "trapped" in various ways. A reporter from Yangzi Evening News/Ziniu News contacted the girl who posted the post, Xiao Xiao (pseudonym). She said that she has not broadcast live since the broadcast was suspended in April last year, and has never received a basic salary of 4,000 yuan. However, she and the organization The agreement will last until March 2024, facing hidden worries about the contract.
Ziniu News reporter Xu Shaoda and Wan Chengyuan intern Gao Lei
Pictures and video materials/provided by interviewees
The "temptation" of the anchor position
Female college students "accidentally enter the live broadcast room" and insist on live broadcast in order to get a basic salary of 4,000 yuan
Xiao Xiao is A sophomore student, more than a month after joining the live streaming industry in March last year, she couldn't hold on anymore.
At first, Xiaoxiao just wanted to find a part-time job that could earn pocket money. On the recruitment software, she saw that a guild engaged in the live broadcast business (an organization that discovers and manages anchors) was recruiting anchors. “At the time, I thought this job was quite well-paid. And the requirements are not high, but I didn't expect that I would be 'trapped' because of it."
Before the broadcast, the guild manager and Xiao Xiao agreed to "broadcast four hours a day and 100 hours a month." At first, Xiaoxiao thought that by broadcasting occasionally in odd hours every day, he would definitely be able to fill up the duration. However, it was not until Xiaoxiao started broadcasting that he discovered that the agent meant that it must be broadcasted every day and broadcast for 4 consecutive hours. "They said live broadcasting like this Only when the traffic during the day is high can you make money." Xiaoxiao said that since she is still in her sophomore year, the course schedule is relatively tight, and she only has full time to broadcast live after the course is over. "Basically, I have to broadcast until the evening every day. It’s 11 or 12 o’clock, and I have to get up early to go to class the next day, so I’m very tired.”
Xiaoxiao is positioned as an entertainment anchor, and the content of her live broadcast is basically chatting and “pk” with other anchors. According to Xiaoxiao, "pk" refers to the connection between two anchors. The audience in the live broadcast room sends gifts to the anchor to increase the "pk" value. The duration of a continuous broadcast is usually 3-5 minutes, and the losing party must accept the agreement. Punishment, for example, Xiaoxiao did squats, made faces, etc. "Once I lost two times in a row in 'pk', and I did a total of 200 squats. People in the two live broadcast rooms were watching. I felt really embarrassed."
Xiaoxiao often suffered from some problems in the live broadcast room. Netizens were so inexplicably malicious that their psychological defenses collapsed. Xiao Xiao remembered that she cried on the first day of her live broadcast. During the broadcast, a male anchor scolded her for more than five minutes for being in a bad mood. Xiaoxiao said that she felt a little depressed during the live broadcast, and often collapsed to the point of banging her head against the wall. The motivation for her to continue broadcasting was the basic salary of 4,000 yuan per month. “I didn’t expect at that time that it would be so difficult to get this money.”
Being persuaded by her agent to sign a contract, but after more than a month of live broadcast, she couldn’t get the basic salary
When her agent persuaded Xiao Xiao to sign the contract, Xiao Xiao was hesitant. "I had concerns at the time, but my agent persuaded me with conditions such as 'no liquidated damages, gold medal operation to cultivate big anchors, and a minimum of 4,000'. I didn't think clearly for a while, so I signed an online contract with them."
According to Xiaoxiao introduced that the contract stipulates that her guaranteed income is 4,000 yuan per month. "The staff also told me that if the anchor's income does not reach 4,000 yuan per month, the guild will make up for it. This is also mentioned in the contract."
When Xiaoxiao had been broadcasting for more than a month, she once told the guild The operation asked about matters related to the payment of basic salary, "The operation said that the basic salary is only paid to anchors who have been broadcasting for more than two months, have potential, will continue to cooperate with the guild, and perform well. These requirements were never mentioned when I signed the contract and joined the guild. ." Ziniu News reporter noticed that the contract provided by Xiaoxiao mentioned that the conditions for the payment of guaranteed income of 4,000 yuan are 100 hours of effective live broadcast per month, 25 effective days per month, and uploading 25 short videos per month.
After Xiao Xiao realized that she might be cheated, she submitted a withdrawal application to the platform on the grounds that the guild violated the minimum salary agreement. The guild refused to withdraw from the membership on the grounds that Xiao Xiao had not completed the live broadcast task and cited photos of no one in her live broadcast room. It shows that Xiaoxiao is not serious about live broadcasting. In the end, the platform determined that membership withdrawal was not supported.
Xiao Xiao said that she has never broadcast live since the broadcast was suspended in April last year, and has never received a basic salary of 4,000 yuan. However, her agreement with the guild will continue until March 2024. During this period, if If Xiaoxiao wants to start a live broadcast, the profits must be distributed to the guild. At the same time, he also faces the worry of having a contract.
On January 31, a reporter from the Yangtze Evening News/Ziniu News called the live broadcast agency multiple times regarding this matter, but no one answered.
There are many routines in informal live broadcasting organizations, and many girls said they almost fell into the trap
Xiaoxiao compiled her own experiences into experience posts and posted them on social platforms, which became very popular. Many netizens in the comment area said that they had also experienced this. In similar incidents, some operators are recommending their own guilds, and there are also some "newbies" who send screenshots asking if this guild can be added.
Dudu is a female college student in Jiangsu. She was also attracted by the high income from live broadcast promotion, but she couldn’t continue broadcasting after one day. "The guild staff told me that I must say some 'sweet words' to coax netizens so that I can get rewards. This made me feel very ashamed. They also told me that when doing live broadcasts, I have to put down my body and maintain my relationship with my 'big brother'." If you can't download the broadcast, you won't be able to contact anyone, which is seriously inconsistent with my expectations." Dudu's withdrawal went smoothly because she had no reason to withdraw within 7 days.
Ms. Yao told the Yangzi Evening News/Ziniu News reporter that she received an invitation from a live broadcast organization on social media eight years ago. "At that time, it was live broadcast on an independent platform and required an additional app download." Ms. Yao said that at that time I did not sign any agreement with the platform, but only made a verbal agreement. The platform required me to broadcast for four hours a day, and my daily basic salary was dozens of yuan. "After I broadcast for a few days, I found that this platform was not formal, so I I quickly quit."
Ms. Yao said that there was no hindrance to her withdrawal at that time, and she also settled part of the live broadcast commission. "But when I joined, they asked me to take a photo of my ID card for them, and I did it. Looking back now, it's quite scary."
Ms. Wang also received an invitation from a live broadcast organization in 2020. "They directly proposed to sign a contract with me and asked to broadcast for 4 hours a day. At that time, I felt that they It was not very formal, so out of caution, I didn’t sign the contract immediately, but tried the live broadcast by myself first to experience it.” Ms. Wang said that after live broadcasting on the platform for a week, she felt it was not suitable and did not continue.
News extension
What are the problems and risks when college students sign up to be anchors?
In recent years, disputes have arisen frequently after school students signed up to become anchors. So, what exactly is the problem? Xiao Rong (pseudonym), who has been in the live broadcast industry for many years, told reporters that college students lack social experience and legal awareness. They often see the high income of successful anchors but fail to understand the specific content of the agreement. When the "guild" cannot provide a verbal commitment, It is difficult to claim rights, and because students do not have enough time and energy to complete the agreed live broadcast tasks, they face high liquidated damages.
Lawyer Xu Xudong from Jiangsu Yicheng Law Firm said that he himself has received consultation from several young anchors and found that there are some common problems in the current contracted live broadcasts. Taking the live broadcast agreement signed by Xiao Xiao as an example, he believes that ordinary students who are still in college and lack live broadcast experience, have no source of income and live broadcast space, first need to bear a start-up cost. However, after the anchor overcomes difficulties and starts broadcasting as agreed, if Party C, the "Guild", breaches the contract and fails to provide conditions, Party B's anchor's right is only to apply for withdrawal, and there is no restriction on the guild's liability for breach of contract, which is obviously unfair.
According to the agreement, when the "support value" reaches a certain amount, Party A's platform association has the right to require the anchor to sign an exclusive live broadcast agreement. If the anchor breaches the contract, he will need to bear liquidated damages that are 1 times the "support value". Xu Xudong believes that this clause violates the provisions of the "Guiding Opinions on Safeguarding the Labor Security Rights and Interests of Workers in New Employment Forms" issued by the Ministry of Human Resources and Social Security, the Supreme People's Court and other eight departments, that is, platforms must not illegally restrict workers from employment on multiple platforms.
Xu Xudong pointed out that it is worth noting that this agreement is a three-party civil contract. Once the anchor signs the agreement, he cannot terminate the agreement before it expires due to finding an ideal job unit before or after graduation. If you need to get out, you must bear various expenses such as liquidated damages and rights protection fees as stipulated in the breach of contract liability clause.
This case "supports" college students
Yangzi Evening News/Ziniu News reporter noticed that in judicial practice, some courts have fully considered that college students should give priority to their studies when hearing such cases.
In a case heard by the People's Court of Gaochun District, Nanjing City, college student Xiao Zhou signed a cooperation agreement with a cultural development company, stipulating that within one year of the cooperation period, both parties would not stop broadcasting without reason or passively broadcast. After signing the agreement, Xiao Zhou started live broadcasting and received a certain amount of revenue and commission share. Three months after Xiaozhou started broadcasting, the live broadcast was suspended due to the end of summer vacation and heavy schoolwork after returning to school, which could not meet the live broadcast duration. The contracting company believed that Xiao Zhou's unauthorized suspension of broadcasts constituted a breach of contract and required him to pay a liquidated damages of 100,000 yuan.
After trial, the court held that Xiao Zhou lacked consideration of study time when signing the cooperation agreement, and the obligations stipulated in the contract seriously affected his study progress during school. Xiao Zhou is a school student with insufficient social experience and insufficient understanding of signing contracts and contractual obligations. After the summer vacation, it is impossible to continue to perform the contract as agreed without ensuring that the studies are completed. Although it is contrary to the contract, it puts the importance of completing studies before earning live broadcast income, which is in line with the general values of society. When Xiao Zhou insisted on giving priority to her studies, the company insisted that she perform live broadcasts as agreed, which would inevitably affect her normal education, and no corresponding evidence was provided to prove the losses suffered by the breach of contract. Therefore, the company's claim for a breach of contract of 100,000 yuan was Kim did not support it.
(Yangtze Evening News)
