工作8小时按6小时给工资？网络主播工时咋算 Work 8 hours and get paid 6 hours? How to calculate the working hours of network anchors
湖南日报 Hunan Daily2024-01-11 20:47
工作8小时，按直播时长6小时给工资；1天直播时长不足，扣全月工资——
If you work 8 hours, you will be paid according to the 6 hours of live broadcast time; if the live broadcast time is insufficient for 1 day, the entire month's salary will be deducted——
If you work 8 hours, you will be paid according to the 6 hours of live broadcast time; if the live broadcast time is insufficient for 1 day, the entire month's salary will be deducted——
网络主播工时计算遭遇“缺斤短两” Network anchors' working hours calculation encounters "shortage"
沈阳一家电商平台企业与主播签订协议约定实行标准工时制，却以直播时长计算工时；某电商平台与主播约定，1天直播时长不足6小时，便不予支付全月保底收益……主播工时该如何计算才合理合法？专家建议，应针对主播用工设计出相应的工时规范制度和劳动定额标准。
An e-commerce platform company in Shenyang signed an agreement with the anchor to implement a standard working hour system, but calculated working hours based on the duration of the live broadcast; an e-commerce platform and the anchor agreed that if the live broadcast lasted less than 6 hours a day, the anchor would not be paid the full monthly guaranteed income... How should working hours be calculated to be reasonable and legal? Experts suggest that a corresponding working hour standard system and labor quota standards should be designed for the employment of anchors.
An e-commerce platform company in Shenyang signed an agreement with the anchor to implement a standard working hour system, but calculated working hours based on the duration of the live broadcast; an e-commerce platform and the anchor agreed that if the live broadcast lasted less than 6 hours a day, the anchor would not be paid the full monthly guaranteed income... How should working hours be calculated to be reasonable and legal? Experts suggest that a corresponding working hour standard system and labor quota standards should be designed for the employment of anchors.
“平均每天工作8小时，工资按直播时长6小时计算，这怎么能算合理？”沈阳电商主播满满说。2023年12月18日，经沈阳市皇姑区劳动争议多元调处中心调解，沈阳电商主播满满拿到了辽宁某食品公司补发的工资2000元。这让她明晰了主播工时该如何计算才合理合法。
"The average working day is 8 hours, and the salary is calculated based on the live broadcast duration of 6 hours. How can this be considered reasonable?" Shenyang e-commerce anchor Manman said. On December 18, 2023, after mediation by the Shenyang Huanggu District Labor Dispute Diversified Mediation Center, the Shenyang e-commerce anchor received a full salary of 2,000 yuan from a food company in Liaoning. This made it clear to her how the anchor’s working hours should be calculated reasonably and legally.
"The average working day is 8 hours, and the salary is calculated based on the live broadcast duration of 6 hours. How can this be considered reasonable?" Shenyang e-commerce anchor Manman said. On December 18, 2023, after mediation by the Shenyang Huanggu District Labor Dispute Diversified Mediation Center, the Shenyang e-commerce anchor received a full salary of 2,000 yuan from a food company in Liaoning. This made it clear to her how the anchor’s working hours should be calculated reasonably and legally.
网络主播工时计算如何合理合法？《工人日报》记者对此采访了有关专家。
How to calculate the working hours of network anchors reasonably and legally? "Worker Daily" reporter interviewed relevant experts.
How to calculate the working hours of network anchors reasonably and legally? "Worker Daily" reporter interviewed relevant experts.
直播时长与工作时长不同，工资咋发 The length of live streaming is different from the length of work, how will wages be paid?
2023年7月，满满到辽宁某食品公司从事网络主播、运营岗位工作。双方签订协议，约定每天工作8小时，直播每小时工资50元。工作4个月下来，满满每天在平台上直播平均6小时，每个月平均直播22天。后因公司对直播项目进行调整，满满申请离职，双方对于离职前未结清的工资存在争议。
In July 2023, Manman went to a food company in Liaoning to work as a network anchor and operator. The two parties signed an agreement, agreeing to work 8 hours a day and pay 50 yuan per hour for live broadcast. After working for 4 months, Manman has been live broadcasting on the platform for an average of 6 hours a day and an average of 22 days a month. Later, due to the company's adjustments to the live broadcast project, Manman applied for resignation. The two parties had a dispute over the unsettled salary before leaving.
In July 2023, Manman went to a food company in Liaoning to work as a network anchor and operator. The two parties signed an agreement, agreeing to work 8 hours a day and pay 50 yuan per hour for live broadcast. After working for 4 months, Manman has been live broadcasting on the platform for an average of 6 hours a day and an average of 22 days a month. Later, due to the company's adjustments to the live broadcast project, Manman applied for resignation. The two parties had a dispute over the unsettled salary before leaving.
满满认为，除了每天直播6小时在线的时间外，她还需要准备商品发货、更新物流信息、拍摄剪辑和发布视频以及回复用户咨询。实际上，平均算下来每天工作时长8小时。
Manman believes that in addition to the 6 hours of online live broadcast every day, she also needs to prepare product shipments, update logistics information, shoot, edit and publish videos, and respond to user inquiries. In fact, the average working day is 8 hours.
Manman believes that in addition to the 6 hours of online live broadcast every day, she also needs to prepare product shipments, update logistics information, shoot, edit and publish videos, and respond to user inquiries. In fact, the average working day is 8 hours.
双方私下协商无果，2023年11月，满满到沈阳市皇姑区劳动争议多元调处中心寻求帮助，要求企业补发工资。调解员石慧认为，双方约定了工作时长，用人单位在确定实行标准工时制的情况下，就应严格按照该制度安排职工的工作和休息时间，不应偷换概念，以小时计算工资。
Private negotiations between the two parties yielded no results. In November 2023, Manman went to the Shenyang Huanggu District Labor Dispute Diversified Mediation Center to seek help and asked the company to pay back wages. Mediator Shi Hui believes that the two parties have agreed on the working hours. When the employer determines to implement the standard working hour system, it should arrange employees' work and rest time strictly in accordance with this system, and should not change the concept and calculate wages by hours.
Private negotiations between the two parties yielded no results. In November 2023, Manman went to the Shenyang Huanggu District Labor Dispute Diversified Mediation Center to seek help and asked the company to pay back wages. Mediator Shi Hui believes that the two parties have agreed on the working hours. When the employer determines to implement the standard working hour system, it should arrange employees' work and rest time strictly in accordance with this system, and should not change the concept and calculate wages by hours.
网络主播的工时应当按标准工时制计算吗？“不尽然如此，一要看主播的身份，二要看双方的约定合不合理。”沈阳“骊山行”网红供货直播基地总经理任丽春介绍说，网络主播分为明星签约和培养签约，明星主播通常是商务合作关系。培养签约的主播通常和公司或平台是劳动关系，公司或平台通过培训、包装等多种形式提高主播流量，主播同时给公司或平台带来收益。
Should the working hours of network anchors be calculated according to the standard working hour system? "This is not necessarily the case. 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 "Lishanxing" Internet celebrity supply and live broadcast base, said that online anchors are divided into star signings and training signings. Stars Anchors are usually business partners. The anchors who are trained to sign a contract usually have a labor relationship with the company or platform. The company or platform increases the anchor's traffic through training, packaging and other forms. The anchor also brings benefits to the company or platform.
Should the working hours of network anchors be calculated according to the standard working hour system? "This is not necessarily the case. 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 "Lishanxing" Internet celebrity supply and live broadcast base, said that online anchors are divided into star signings and training signings. Stars Anchors are usually business partners. The anchors who are trained to sign a contract usually have a labor relationship with the company or platform. The company or platform increases the anchor's traffic through training, packaging and other forms. The anchor also brings benefits to the company or platform.
由于培养签约和非签约网络主播的收入计算方式涉及工时且多种多样，易引发劳动争议。任丽春表示，实际中，传统的工时计算方法并不适用于主播这一特殊职业。传统的工时计算方法一般是以工作时长为基准，将工作时间分为工作时间和休息时间两个部分，并不能准确地反映主播的工作量和工作成果。
Since the income calculation methods for training contracted and non-contracted network anchors involve working hours and are diverse, labor disputes can easily arise. Ren Lichun said that in practice, the traditional working hours calculation method is not suitable for the special profession of anchor. The traditional calculation method of working hours is generally based on working hours and divides working time into two parts: working time and rest time, which cannot accurately reflect the workload and work results of the anchor.
Since the income calculation methods for training contracted and non-contracted network anchors involve working hours and are diverse, labor disputes can easily arise. Ren Lichun said that in practice, the traditional working hours calculation method is not suitable for the special profession of anchor. The traditional calculation method of working hours is generally based on working hours and divides working time into two parts: working time and rest time, which cannot accurately reflect the workload and work results of the anchor.
网络主播追索报酬争议多发 Controversies abound over online anchors’ demands for remuneration
“劳动合意模糊，是导致满满与企业或平台纠纷的症结所在。”石慧说。网络主播与公司或平台签订的合同法律性质不明确，以“合作协议”“战略合同”“发展计划”等字样命名，导致双方劳动合意难以认定。
“The ambiguous labor agreement is the crux of the dispute between Manman and the company or platform,” Shi Hui said. The legal nature of the contracts signed between network anchors and companies or platforms is unclear, and they are named with words such as "cooperation agreement," "strategic contract," and "development plan," making it difficult to identify the labor agreement between the two parties.
“The ambiguous labor agreement is the crux of the dispute between Manman and the company or platform,” Shi Hui said. The legal nature of the contracts signed between network anchors and companies or platforms is unclear, and they are named with words such as "cooperation agreement," "strategic contract," and "development plan," making it difficult to identify the labor agreement between the two parties.
满满工作的地点、时间、内容和形式均需听从食品公司的安排和管理，受食品公司规章制度约束，且满满的工作内容属于食品公司主营业务。由此，双方存在事实劳动关系。“很多网络主播和企业搞不明白双方到底是劳动关系、劳务关系还是合作关系。”石慧说。
The location, time, content and form of Manman's work must be subject to the arrangements and management of the food company, and are subject to the rules and regulations of the food company, and Manman's work content belongs to the main business of the food company. Therefore, there is a de facto labor relationship between the two parties. "Many online anchors and companies can't figure out whether the relationship between the two parties is a labor relationship, a labor relationship or a cooperative relationship," Shi Hui said.
The location, time, content and form of Manman's work must be subject to the arrangements and management of the food company, and are subject to the rules and regulations of the food company, and Manman's work content belongs to the main business of the food company. Therefore, there is a de facto labor relationship between the two parties. "Many online anchors and companies can't figure out whether the relationship between the two parties is a labor relationship, a labor relationship or a cooperative relationship," Shi Hui said.
辽宁省劳动人事争议研究会法律专家孟宇平调研发现，网络主播追索劳动报酬纠纷案件争议焦点不仅有工资计算方式，还有是否可以扣减保底工资、提成是按小时还是按收益计算等。
Meng Yuping, a legal expert from the Liaoning Provincial Labor and Personnel Dispute Research Association, discovered through research that the disputes in cases involving online anchors pursuing labor remuneration disputes include not only the wage calculation method, but also whether the minimum wage can be deducted, and whether commissions are calculated on an hourly basis or on an income basis.
Meng Yuping, a legal expert from the Liaoning Provincial Labor and Personnel Dispute Research Association, discovered through research that the disputes in cases involving online anchors pursuing labor remuneration disputes include not only the wage calculation method, but also whether the minimum wage can be deducted, and whether commissions are calculated on an hourly basis or on an income basis.
2023年5月1日，王晓霞到一家电商直播平台从事直播带货工作。当月王晓霞直播26天，23天直播达6小时，总时长达158个小时。然而，企业根据协议约定仅发放分成收益324.53元。
On May 1, 2023, Wang Xiaoxia went to an e-commerce live broadcast platform to engage in live broadcast delivery work. Wang Xiaoxia live broadcasted for 26 days that month, with 6 hours of live broadcasting on 23 days, for a total of 158 hours. However, according to the agreement, the company only distributed 324.53 yuan of profit sharing.
On May 1, 2023, Wang Xiaoxia went to an e-commerce live broadcast platform to engage in live broadcast delivery work. Wang Xiaoxia live broadcasted for 26 days that month, with 6 hours of live broadcasting on 23 days, for a total of 158 hours. However, according to the agreement, the company only distributed 324.53 yuan of profit sharing.
王晓霞将电商直播平台告上法庭，法院经审理后认为，电商平台的条款解释为主播即便全月直播天数、总时长均符合约定，仅1天直播时长不足6小时，便不予支付全月保底收益明显不合理，加重了王晓霞的责任，酌情支持了王晓霞70%的收益款。
Wang Xiaoxia took the e-commerce live broadcast platform to court. After trial, the court held that the e-commerce platform’s terms and conditions meant that even if the live broadcast days and total duration of the entire month were in compliance with the agreement, the host would not be entitled to full payment if the live broadcast duration was less than 6 hours in one day. The monthly guaranteed income was obviously unreasonable, which increased Wang Xiaoxia's responsibility, and 70% of Wang Xiaoxia's income was supported as appropriate.
Wang Xiaoxia took the e-commerce live broadcast platform to court. After trial, the court held that the e-commerce platform’s terms and conditions meant that even if the live broadcast days and total duration of the entire month were in compliance with the agreement, the host would not be entitled to full payment if the live broadcast duration was less than 6 hours in one day. The monthly guaranteed income was obviously unreasonable, which increased Wang Xiaoxia's responsibility, and 70% of Wang Xiaoxia's income was supported as appropriate.
“之所以会有这些纠纷与企业的用工形式灵活，管理相对薄弱有关。”任丽春解释说。部分直播企业或平台用工形式松散，没有设立专门的主播工时工作制管理部门，没有制定明确的工时和工资计算标准，更没有对主播工时和工资的监测和评估。
"The reason why these disputes exist is related to the company's flexible employment methods and relatively weak management." Ren Lichun explained. Some live streaming companies or platforms have loose employment practices and have not set up a dedicated anchor working hours management department. They have not formulated clear working hours and salary calculation standards, and there is no monitoring and evaluation of anchor working hours and wages.
"The reason why these disputes exist is related to the company's flexible employment methods and relatively weak management." Ren Lichun explained. Some live streaming companies or platforms have loose employment practices and have not set up a dedicated anchor working hours management department. They have not formulated clear working hours and salary calculation standards, and there is no monitoring and evaluation of anchor working hours and wages.
寻求当下解决良方 Looking for immediate solutions
“我们基地采取的是综合计时法，目前主播流失率很低，不记名的调查问卷统计数据显示，大家对薪资满意度也高。”任丽春经营的直播基地根据主播的粉丝量和能力确定不同的保底工资，根据主播每天的直播时长和直播任务完成情况来确定工作时间。
"Our base adopts a comprehensive timing method. The current anchor turnover rate is very low. Anonymous questionnaire statistics show that everyone is also highly satisfied with salary." The live broadcast base run by Ren Lichun determines different salary levels based on the number of fans and abilities of the anchors. The minimum salary is guaranteed, and working hours are determined based on the anchor's daily live broadcast duration and the completion of live broadcast tasks.
"Our base adopts a comprehensive timing method. The current anchor turnover rate is very low. Anonymous questionnaire statistics show that everyone is also highly satisfied with salary." The live broadcast base run by Ren Lichun determines different salary levels based on the number of fans and abilities of the anchors. The minimum salary is guaranteed, and working hours are determined based on the anchor's daily live broadcast duration and the completion of live broadcast tasks.
“如果主播每天直播时长达到要求，并且完成了直播任务，则认定为全天工作。如果不满足则认定为半天工作。直播时长越长、直播任务完成情况越好、直播收入越高，相对折算的工时越多，工资也就越高。”任丽春说。
"If the anchor's daily live broadcast time meets the requirements and completes the live broadcast tasks, it will be considered a full-day work. If it does not meet the requirements, it will be considered a half-day work. The longer the live broadcast time, the better the live broadcast task completion, and the higher the live broadcast income, the relative conversion The more working hours there are, the higher the wages will be," Ren Lichun said.
"If the anchor's daily live broadcast time meets the requirements and completes the live broadcast tasks, it will be considered a full-day work. If it does not meet the requirements, it will be considered a half-day work. The longer the live broadcast time, the better the live broadcast task completion, and the higher the live broadcast income, the relative conversion The more working hours there are, the higher the wages will be," Ren Lichun said.
这种计算方法综合考虑了主播的工作时间、直播时长、直播任务完成情况以及直播收入等因素，更加公平合理地计算工时和工资，还能激励主播提高工作质量和工作效率。
This calculation method takes into account factors such as the anchor's working hours, live broadcast duration, completion of live broadcast tasks, and live broadcast income to calculate working hours and wages more fairly and reasonably, and can also encourage anchors to improve work quality and efficiency.
This calculation method takes into account factors such as the anchor's working hours, live broadcast duration, completion of live broadcast tasks, and live broadcast income to calculate working hours and wages more fairly and reasonably, and can also encourage anchors to improve work quality and efficiency.
2021年7月16日，人社部等八部门出台《关于维护新就业形态劳动者劳动保障权益的指导意见》，各省级政府于2022年1月前后分别出台维护新就业形态劳动者劳动保障权益的实施方案，其目的是从法律、法规、政策角度完善新就业形态劳动者权益保障工作机制。“鉴于立法滞后性，可以先行对网络直播行业用工问题调研，通过行政规范先行探索，及时回应网络直播行业的用工问题，同时为司法、立法层面的规范奠定基础。”孟宇平说。
On July 16, 2021, eight departments including the Ministry of Human Resources and Social Security issued the "Guiding Opinions on Safeguarding the Labor Security Rights and Interests of Workers in New Employment Forms". Each provincial government will issue separate guidelines on safeguarding the labor security rights of workers in new employment forms around January 2022. The purpose of the implementation plan of rights and interests is to improve the working mechanism for protecting the rights and interests of workers in new employment forms from the perspective of laws, regulations, and policies. "In view of the lag in legislation, we can first investigate the employment issues in the online live broadcast industry, explore through administrative regulations first, respond to the employment issues in the online live broadcast industry in a timely manner, and at the same time lay the foundation for judicial and legislative standards." Meng Yuping said.
On July 16, 2021, eight departments including the Ministry of Human Resources and Social Security issued the "Guiding Opinions on Safeguarding the Labor Security Rights and Interests of Workers in New Employment Forms". Each provincial government will issue separate guidelines on safeguarding the labor security rights of workers in new employment forms around January 2022. The purpose of the implementation plan of rights and interests is to improve the working mechanism for protecting the rights and interests of workers in new employment forms from the perspective of laws, regulations, and policies. "In view of the lag in legislation, we can first investigate the employment issues in the online live broadcast industry, explore through administrative regulations first, respond to the employment issues in the online live broadcast industry in a timely manner, and at the same time lay the foundation for judicial and legislative standards." Meng Yuping said.
孟宇平认为，还要通过完善立法指导和督促公司规范用工，推动网络主播合法权益落实落地，坚决兜住法治保障底线。
Meng Yuping believes that it is also necessary to promote the implementation of the legitimate rights and interests of network anchors by improving legislative guidance and urging companies to standardize employment, and resolutely maintain the bottom line of legal protection.
Meng Yuping believes that it is also necessary to promote the implementation of the legitimate rights and interests of network anchors by improving legislative guidance and urging companies to standardize employment, and resolutely maintain the bottom line of legal protection.
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直播满时长给底薪主播一天工作几个小时直播6小时底薪4000主播工资怎么算直播员工怎么算工资直播按小时计算给钱
A basic salary will be paid after the live broadcast is completed. How many hours does the anchor work in a day? The basic salary is 4,000 for 6 hours of live broadcast. How to calculate the salary of the anchor? How to calculate the salary of live broadcast employees? The live broadcast will be paid by the hour.
A basic salary will be paid after the live broadcast is completed. How many hours does the anchor work in a day? The basic salary is 4,000 for 6 hours of live broadcast. How to calculate the salary of the anchor? How to calculate the salary of live broadcast employees? The live broadcast will be paid by the hour.
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