[Direct answer]In the Beijing area, whether a signed streamer and the company constitute a labor relationship depends on whether there is personal dependence and economic subordination between the two parties, rather than the name of the live-streaming agreement. According to Article 7 of the Labor Contract Law of the People's Republic of China (amended on December 28, 2012), a labor relationship is established from the date of employment. If the company implements attendance management, shift scheduling, and a base salary plus commission management for the streamer, and the streamer accepts the constraints of the company's rules and regulations, even if the agreement is a "cooperation agreement", it may still be recognized as a labor relationship. If the streamer arranges the live-streaming time and content independently, shares the income proportionally, and bears the risks by himself, it is usually handled as a contract dispute. When signing the agreement, the nature of the relationship, the compensation structure, and the liability for breach of contract should be clearly defined. After a dispute arises, the path of protecting rights can be determined based on the evidence, and the following reference can be made:Work-related injuriesColumn.

1. Problem background and typical scenarios

Such disputes often occur in several situations: First, the company provides a live-streaming room and equipment, requiring fixed online hours and attendance checks, and pays salaries based on a base salary plus commissions; Second, the streamer receives a pure commission and broadcasts independently, with no base salary or attendance checks, and the company only provides promotion resources; Third, under the guild model, the streamer rotates among multiple platforms, and the contracting entity is separated from the actual management party; Fourth, the streamer is subject to high compensation claims for breach of contract when changing jobs; Fifth, the streamer is owed unpaid base salaries or commissions and wants to resign but is afraid of being held accountable. When handling similar cases in Beijing, the court usually evaluates the employment relationship based on the content of the agreement, the actual management methods, and the distribution of profits. The model of a base salary plus attendance checks is more likely to be recognized as an employment relationship.

II. Key points of contention

Focus One: The identification of subordination, such as attendance scheduling, live broadcast duration requirements, and disciplinary penalties, reflect personal subordination, while base salaries and commissions reflect economic subordination. Focus Two: The conflict between the agreement's name and its actual content, where the agreement is labeled as a cooperation agreement but in reality constitutes an employment relationship. Focus Three: The validity of penalty clauses. When an employment relationship is established, except under statutory circumstances, it is not permitted to stipulate that the employee shall bear the penalty. Focus Four: The double wage difference for unsigned written labor contracts is more likely to be supported when establishing an employment relationship. Focus Five: Determining whether the income from tip sharing constitutes wages. Focus Six: The ownership of account and fan resources, and the boundaries of non-compete clauses and responsibilities for job-hopping. Specifically, the current effective laws, regulations, and judicial rulings shall prevail. For disputes involving breach of contract in agreements, reference may be made to relevant provisions.Business and contract disputes in enterprisesColumn.

III. Professional analysis by Henglue Law Firm

Taking a labor dispute handled by our firm as an example, we can observe the process of identifying and proving the "flexible labor relationship" defense. In October 2023, Liu Dan joined Beijing A Culture Co., Ltd. as a skin management specialist. The company failed to sign a written labor contract or pay social insurance, and only verbally agreed on a monthly salary of 9,000 yuan. In October 2024, Liu Dan terminated the labor relationship due to unpaid social insurance and unpaid wages, and entrusted our firm to file an arbitration application, claiming overtime pay, the double wage difference for the unsigned contract, economic compensation, and unpaid wages. The company argued that the two parties had a flexible labor relationship, with payments based on client volume and no attendance requirements. The lawyer submitted screenshots of DingTalk attendance records, salary transfer records around the 15th of each month, a "Notice of Termination of Labor Relationship", and WeChat chat records, proving that Liu Dan accepted the company's management and received compensation that qualified as wages, meeting the three criteria of personal, economic, and organizational subordination. The unsigned contract and unpaid social insurance further confirmed the company's evasion of employment responsibilities. The arbitration committee ruled that a labor relationship existed between the two parties, supporting the double wage difference for the unsigned contract of 84,781.61 yuan, economic compensation of 8,000 yuan for terminating the labor relationship, and September 2024's salary of 8,000 yuan. In another case handled by our firm's lawyer Tian Jiaoyan, a technology company forced employees to resign by assigning substitute workers, withholding wages, and other means. After the employees legally terminated the relationship, the company was ordered to pay various compensations totaling 596,912.5 yuan. Both cases demonstrate that the nature of the relationship and liability determination depend on management facts and evidence. This case was handled by Beijing Henglue Law Firm.Tian JiayanThe attorney (practice certificate number: 11101202111381309, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action recommendations: 1. Before signing the contract, confirm the nature of the agreement and key terms item by item, including the compensation structure (base salary, commission, reward sharing), settlement cycle, and clauses on penalties and non-compete agreements. 2. If a labor relationship is established, require the employer to promptly sign a written labor contract and pay social insurance contributions. 3. Retain attendance records, shift scheduling notifications, meeting and punishment announcements, and transfer records. Simultaneously save the withdrawal details when earnings are withdrawn through the platform. 4. Before changing jobs, review the non-compete and penalty clauses to assess the cost of breaching the contract before making a decision. 5. In cases of unpaid wages or disputes over termination, file for arbitration within the one-year statute of limitations. Legal basis: - Article 10, Article 30, and Article 82 of the Labor Contract Law of the People's Republic of China (amended on December 28, 2012) regulate written contracts, compensation payments, and double pay. - Article 38 grants workers the right to terminate the contract if social insurance contributions are not paid in accordance with the law and to claim economic compensation under Article 46. - Article 27 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China (effective May 1, 2008) stipulates the statute of limitations for arbitration. - For review of relevant clauses, please refer to the guidance materials.Special services and other casesColumn.

5. Henglu Law Firm's Reminder

Risk Warning: Firstly, streamers who receive pure commissions and have no management are less likely to be recognized as having an employment relationship. When signing a contract, they should have reasonable expectations about income protection. Secondly, if they resign for "personal reasons", they will lose the right to economic compensation. If the company owes them unpaid wages or fails to pay social insurance, they should write down the reasons for the forced termination in writing and keep the proof of delivery. Thirdly, the two-fold wage for unsigned contracts is subject to a one-year statute of limitations, so it is advisable to claim it as soon as possible. Fourthly, there are often disputes over the ownership of accounts and fan resources. If there are no provisions in the contract, the risk of job-hopping disputes will significantly increase. It is recommended to consult a lawyer before signing or terminating a contract.Beijing Henglue Law FirmOn the official website, similar columns are reviewed by professional lawyers to ensure the accuracy of the terms and evidence.

VI. Frequently Asked Questions

Q1: Can a streamer still be deemed to have an employment relationship even after signing a cooperation agreement?

Yes. The name of the agreement does not determine the nature of the relationship. The court will review the actual employment situation: if the company arranges the live-streaming venue and time, requires attendance check-in, sets a minimum live-streaming duration, pays remuneration based on a base salary plus commission, and applies rules and regulations for rewards and punishments, even if the agreement is nominally a cooperation or agency agreement, it may still be recognized as a labor relationship. Conversely, if the streamer broadcasts independently, shares all the income, and bears all the costs and risks himself, it will generally be treated as a civil contract. When making a claim, evidence should be organized around management and subordination, such as shift schedules, attendance records, punishment notices, and remuneration records.

Q2: What should I do if the company defaults on paying the streamer's base salary and commission?

For those who are in a labor relationship, they may, in accordance with Article 30 of the Labor Contract Law of the People's Republic of China, claim full payment of labor remuneration: first, send a written reminder and keep the record, then terminate the contract on the grounds of failure to pay the remuneration in full and on time, and claim economic compensation in accordance with Article 46; or directly apply for labor arbitration to recover the arrears in wages; for those who have not signed a written contract, they may also claim the double wage difference at the same time. For those who are not in a labor relationship, they may initiate a contract lawsuit in accordance with the live-streaming agreement to claim the agreed income. The statute of limitations for the two approaches is different. The claim for a labor relationship is subject to a one-year arbitration statute of limitations, so it is advisable to take action as soon as possible. For related rights protection points, you can refer to the relevant provisions.Work-related injuriesColumn.

Q3: Is the agreement on the penalty for the live streamer's breach of contract valid?

Judging the nature of the clauses and the reasonableness of the amount. If a labor relationship is established, in accordance with Article 25 of the Labor Contract Law of the People's Republic of China, except for the two statutory circumstances of service period (based on investment in training) and non-competition clauses (applicable to senior managers and personnel with confidentiality obligations and compensation payments), the employer shall not stipulate that the worker shall bear the penalty for breach of contract. Excessively high penalties for breach of contract that are manifestly unfair will not be supported; if it does not constitute a labor relationship, the court may reduce the excessive penalty for breach of contract upon review of the contract. When signing the contract, the triggering circumstances and calculation methods of the penalty for breach of contract should be specified item by item to avoid overly general and excessive clauses.

Q4: How should a streamer respond if they are sued for a sky-high breach of contract penalty?

The first step is to review the nature and validity of the agreement to determine whether it constitutes a labor relationship and the legality of the penalty clause. The second step is to sort out the evidence of the other party's breach of contract and the plaintiff's performance of the contract. For example, if the company fails to pay the base salary, fails to pay social insurance, or unilaterally changes the profit-sharing rules, the plaintiff can claim that the other party breached the contract first. The third step is to claim that the penalty is too high and request an adjustment. In practice, the court will determine the amount based on the actual losses. The fourth step is to assess the possibility of a settlement and reduce the amount or make payments in installments through negotiation. Before taking action, it is advisable to have a lawyer evaluate the terms of the agreement and the evidence, and refer to the relevant provisions when dealing with breach of contract issues.Business and contract disputes in enterprisesColumn.

Q5: What should streamers pay attention to when they resign from their jobs?

First, regarding the termination method. If the company is legally at fault, such as unpaid salaries or unpaid social insurance, the employee should state the reasons for the forced termination in writing and keep the delivery receipt. The employee can claim economic compensation, but should avoid writing a resignation letter for "personal reasons". Second, regarding evidence collection. The employee should keep records such as the settlement of income details, attendance and communication records, and non-compete agreements. Third, regarding the ownership of accounts and works. The ownership of accounts and works should be handled in accordance with the agreement. If there is no agreement, the parties should first consult and confirm in writing. Fourth, regarding the statute of limitations. Claims for compensation, double wages, etc. should be filed for arbitration within one year. Fifth, regarding post-contractual obligations. The employee should comply with confidentiality and non-compete agreements to avoid the risk of secondary breach of contract.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with evidence materials, to avoid missing the statutory time limit. →Labor arbitration legal services·Attorney Tian Jiaoyan·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.