If the anchor has a company, it may be paid. If it is a personal anchor, there is generally no five insurances and one gold. Five insurances and one gold refer to several kinds of security benefits provided to workers by employers, including endowment insurance, medical insurance, unemployment insurance, work injury insurance, maternity insurance and housing accumulation fund. "On-the-job employees should pay the housing accumulation fund in accordance with the regulations." Housing accumulation fund is a "payable" project, which is legally necessary, and paying it also means an obligation.
Legal basis: Five insurances and one gold refer to several kinds of security benefits provided by employers, including pension insurance, medical insurance, unemployment insurance, work injury insurance, maternity insurance and housing accumulation fund. "On-the-job employees should pay the housing accumulation fund in accordance with the regulations." Housing accumulation fund is a "payable" item, which is legally necessary, and paying it also means an obligation.
Can the anchor contract stipulate non-competition restrictions?
Of course. At present, the anchor contract basically stipulates the non-competition clause (that is, the anchor shall not broadcast live on this platform for a period of time when he is in office or leaves office, otherwise he will bear liquidated damages).
The anchor contract is generally an ordinary commercial contract, generally not a labor contract, and the labor contract law is not applicable. Webcast is a new special industry that has emerged in recent years. After the network anchor signs a contract with the partner, in addition to the anchor's own efforts, the partner will also train, package, provide resources, attract traffic and broadcast publicity for the network anchor, so that more viewers can see the anchor's live broadcast room, enhance the anchor's own popularity and the number of fans, so as to bring more considerable benefits to the partner. The audience pays attention to an anchor not to the partners behind it, but to the anchor himself. Therefore, after the cooperation contract with the partner is fulfilled, the anchor will continue to broadcast the same type of live broadcast as the partner anchor. The audience will continue to give gifts or other benefits in the live broadcast room of the anchor because of the recognition of the anchor, but the original partner no longer has any benefits, and the audience group cultivated by the original partner will follow the anchor.
The live broadcast of the anchor has also become a competitive relationship with the original partner, which is bound to cause certain losses to the original partner. It has also become a kind of knowledge in the live broadcast industry to stipulate the non-competition clause in the live broadcast cooperation contract. Therefore, as a special non-competition clause in a special industry, considering the general law and ecology of the industry, the non-competition clause in the contract involved should be effective.
Therefore, when the anchor signs the contract, the most important thing is to negotiate the non-competition clause, so as to make the negotiation cycle shorter and the liquidated damages lower. Secondly, if the anchor violates the non-competition clause, what responsibility should he bear. The anchor needs to pay liquidated damages according to the agreement. Of course, if the liquidated damages are too high, the anchor can also apply to the court for adjustment and reduction. The penalty for non-competition stipulated in the anchor contract is a one-time compensation for the loss of interests of partners during the whole non-competition period. After the anchor pays the liquidated damages, the partner has been compensated for the corresponding losses, and the anchor has fulfilled the obligations stipulated in the non-competition clause of the contract, and the anchor can continue to broadcast live on the original platform.
Legal basis:
Article 72 of the Labor Law of People's Republic of China (PRC)
The social insurance fund shall determine the source of funds according to the types of insurance and gradually implement social pooling. Employers and workers must participate in social insurance and pay social insurance premiums according to law.
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