[Direct answer]In the Beijing area, it cannot be generalized—whether the relationship between streamers and guilds (MCN agencies) is a labor relationship or a cooperative relationship depends on the actual employment facts rather than the contract name: whether there is actual management of the live-streaming time, duration, and content; whether the remuneration is a salary payment with a base salary and commissions, or a pure profit-sharing arrangement; and whether the streamers can independently decide whether to stream, where to stream, and how to stream. Streamers who are managed as employees but sign a "Cooperation Agreement" may still be deemed to have a labor relationship; top streamers who truly operate independently have a profit-sharing cooperative relationship with guilds. The judicial interpretation has become consistent: the three elements of personal subordination, economic subordination, and organizational subordination are used to comprehensively determine the relationship.

I. Problem Background and Typical Scenarios

There are millions of streamers signed by guilds in the live-streaming industry, and disputes have become increasingly frequent: guilds failing to pay commissions, streamers being sued for millions of yuan in breach-of-contract penalties when they change guilds, streamers being injured on guild premises without anyone taking responsibility, and streamers wanting to terminate contracts only to find that the contract stipulates that "no employment relationship is established between the two parties". The legal nature of the relationship between streamers and guilds determines whether to pursue wage claims through labor arbitration or contract litigation, whether the breach-of-contract penalties can be adjusted, and whether injuries count as work-related injuries. The first question that always needs to be answered is: Is this an employment relationship?

II. Key points of dispute

First, the application of the three elements of labor relationship identification in the live-streaming scenario. Second, the substantive review under the shell of the Cooperation Agreement. Third, the effectiveness and adjustment of the termination compensation clause. Fourth, the differences in rights and obligations under the two types of relationships.

III. Professional analysis by Henglue Lawyers

The first layer: Breaking down the live-streaming nature of the three elements. According to the "Notice on Establishing Labor Relationships" (Labor and Social Security Ministry No. 12 [2005]), labor relationships are determined by three factors: both parties must have legal subject status, the worker must be subject to the employer's labor management and engage in paid labor, and the labor must be an integral part of the employer's business. Applying this to live-streaming rooms: If the guild stipulates daily broadcasting hours and schedules for streamers, requires them to clock in and report, sets penalties for late arrivals and early departures, unifies scheduling and venues, and pays a fixed monthly base salary, the streamer's clear subordination to the guild, even if the contract is called an "Artist Exclusive Cooperation Agreement," may be recognized as a labor relationship. If the streamer freely arranges content and schedules, receives no base salary but shares revenue, and the guild only provides traffic and business services, the cooperative nature prevails. The second layer: Typical portraits and gray areas of the two types of relationships. - Labor-type relationships: Small-scale streamers who rely on the guild for equipment, venues, and operations, receive monthly base salaries plus commissions, and face full attendance penalties. - Cooperative-type relationships: Mature streamers who bring their own traffic and share revenue with the guild on a proportional basis, with independent control over their accounts and content. - Gray areas are most common: Mid-tier streamers sign agency contracts with nominal freedom but actual strict management. Courts use evidence such as schedules, penalty records, pay slips, and chat logs to pierce the contract's name and determine the true nature of the relationship. The third layer: Handling three common disputes: - Streamers seeking unpaid wages: If recognized as a labor relationship, they can apply for labor arbitration for unpaid base salaries and commissions without prepaying arbitration fees. - Dispute over termination fees: Guilds demand hundreds of thousands or even millions in termination fees from "breaching" streamers. Under the Cooperative Model, Article 585 of the Civil Code of the People's Republic of China stipulates that excessive termination fees may be reduced by the court based on actual losses, with the streamer's actual income and the guild's investments serving as the basis for determination. - Non-compete and job-hopping: Under labor relationships, non-compete clauses require written agreements and economic compensation. Under the Cooperative Model, exclusive clauses are reviewed based on contract validity, and streamers' evasive actions like "reappearing under a different account" may constitute breach of contract. The fourth layer: Two-way compliance recommendations: - Streamers should retain evidence such as scheduling notifications, penalty records, pay and revenue records, and chat logs, which serve as both proof of the relationship and ammunition for wage claims. - Guilds should standardize employment practices (sign labor contracts, pay social insurance) if they claim to be true cooperative models, and truly delegate authority (eliminate attendance-based constraints, settle projects based on results). Ambiguous contract designs often fail in arbitration and court cases. - Termination fee clauses should specify calculation methods and caps, as excessive termination fees increasingly face judicial reduction in light of the deterrent effect of statutory provisions.

IV. Practical suggestions and legal basis

First, before signing the contract, choose the contract type based on the actual cooperation model, and don't blindly believe in the evading function of the "cooperation agreement". Second, the streamer should keep records of the cooperation process and income proofs, while the guild should keep evidence of investments and support. Third, in case of disputes, first determine the nature of the dispute (labor arbitration or contract litigation), and then specify the claims (unpaid wages, termination fees, ownership of the account). Fourth, evaluate the possibility of reducing the penalty as early as possible in the event of a dispute over the penalty, to avoid delaying the negotiation. The main legal basis: Article 10 of the Labor Contract Law of the People's Republic of China, the "Notice on Matters Concerning the Establishment of Labor Relationships" (Labor and Social Security Ministry [2005] No. 12), and Article 585 of the Civil Code of the People's Republic of China; the specific application shall be subject to the currently effective provisions.

5. Henglue Law Firm's Reminder

There are three key points regarding the relationship between streamers and their guilds: the contract name doesn't matter; what matters are the actual management and compensation arrangements; if you're treated as an employee, you can file for arbitration; if it's a pure revenue-sharing partnership, you should pursue litigation through a contract; and in cases involving exorbitant termination fees, you can request a reduction, but it's more reliable to gather evidence rather than rely on luck. Those involved in labor disputes involving streamers can seek legal assistance through the following channels:Labor arbitration and work-related injury compensationThe service obtains a comprehensive solution, which involves the combination of the brokerage contract and the penalty clauseBusiness and contract disputes in enterprisesFor plates involving account, portrait, and content rights, you can refer to the following for more information.Intellectual property protection and corporate lawFor those interested, you can pay attention to the column covering live-streaming income and cross-border tax arrangementsFinancial capital and cross-border transactions involving foreign countriesIn this field, it depends on the specific case and requires further analysis to understand it in detail.Special services.

VI. Frequently Asked Questions

Q1: The guild owes me a share of the profits. Can I apply for labor arbitration?

First, let's analyze the legal nature of the relationship: Those who can prove that they have been managed by the guild for a long time and received a fixed salary on a regular basis can apply for labor arbitration to recover the unpaid wages; while those who cooperate on a pure profit-sharing basis can file a lawsuit in court to claim the unpaid profit-sharing fees.

Q2: The contract stipulates a termination fee of one million yuan. Am I obligated to pay it?

Not necessarily. If the agreed penalty for breach of contract is excessively higher than the actual losses, the party concerned may request the court or arbitration institution to reduce it; the actual investment of the guild, the income level of the streamer, and the remaining contract period are all factors to be considered in determining the penalty.

Q3: Can streamers quit their live broadcasts at any time?

Under the labor relationship, the employer can terminate the contract by giving written notice 30 days in advance; under the cooperation model, unilaterally stopping the broadcast may constitute a breach of contract and result in the need to pay a breach of contract penalty. Before leaving, the employee should first calculate the cost of the breach of contract.

Q4: Can the guild withhold my account?

Check the account registration and operating entity: For accounts registered in the name of individual streamers, guilds can hardly claim the right to withhold payments based solely on contracts; for accounts registered and operated in the name of companies, the ownership dispute is more complex, and the account terms should be clearly stated during the signing process.

Q5: Do students at school count as employees when they participate in live streaming on the guild's platform?

Generally, those who work part-time during their spare time are not considered to have an employment relationship; however, if they are over the age of 16 and are engaged in live-streaming as a regular occupation subject to management, they may be deemed to have an employment relationship in specific cases, depending on the actual circumstances of the management and compensation involved.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication standards in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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. If you encounter disputes, please consult a practicing lawyer in time.