Google Cloud Speech-to-Text API (Chirp) + Gemini 2.5 Flash Non-Thinking. Treat it as a searchable index of what was broadcast, not a quotation record.
00:12:36During the live broadcast recruitment process, the moving rhetoric. Guaranteed
00:12:39basic salary, guaranteed performance, no live broadcast experience required, can be recorded
00:12:43. After proposing to terminate the contract, a sudden high penalty for breach of contract
00:12:47appeared. If you don't broadcast, if you don't go to work, you have to pay him 800,000 yuan. The streamer
00:12:51must pay the company a termination fee when leaving. I
00:13:55heard that Yu Yue and the others came to resign. The person in charge of the company, Xu, told
00:13:58them that unilaterally terminating the contract was a breach of contract and they would have to bear
00:14:02the responsibility for the breach
00:14:04.
00:14:09Hello everyone, welcome to "Legal View". A few years ago, Yu Yue and Wang Fang agreed
00:14:13to join a cultural media company and became online streamers.
00:14:17Later, for some reasons, both of them wanted to resign, but
00:14:21during the process of terminating their contracts with the company, they had an unpleasant experience with the company.
00:14:25The person in charge of the company, Xu, said that if the streamer unilaterally breaches the contract, they
00:14:29need to pay a high penalty for breach of contract. Not long after,
00:14:32both he and Wang Fang were sued by this company in court. So,
00:14:36where did the dispute between the two parties originate, and how will the court ultimately
00:14:40rule? On
00:14:43a day in February 2021, a recruitment advertisement on a certain
00:14:47recruitment website, with "monthly income of 7,000, dual cultivation, pure customer service" in the recruitment information,
00:14:50attracted the attention of Yu Yue and Wang Fang. Subsequently, online
00:15:25live streaming, mainly featuring talent performances, which means
00:15:28singing online and interacting with fans. Income consists of
00:15:32a basic salary and live streaming tips, as long as the company's work
00:15:36requirements are met.
00:15:56One is to broadcast live in the company's dedicated live broadcast room, where the company provides the live broadcast room and equipment. The other is to take
00:16:00multiple mobile phones and go back to one's own home to broadcast live. But
00:16:03no matter which work mode, it requires completing the agreed
00:16:07time, which is no less than eight hours a day. Xu Yue and Wang Fang
00:16:11both chose to work from home.
00:16:26The actual work was different from what the company's person in charge had promised before.
00:16:28However,
00:18:04during that period, the People's Court of Qiantang District, Hangzhou City, successively received multiple lawsuits from this cultural media company, requesting streamers to bear liquidated damages. During the litigation process, a cultural media company in Hangzhou
00:18:08submitted streamer signing agreements, live broadcast backend data, and loss
00:18:12lists and other materials to the court. The cultural media company believes that the relationship between the streamer and
00:18:16the company is a cooperative relationship. The company provided streamers with
00:18:20venues, training, and live broadcast tools, assigned personnel to them,
00:18:23and helped streamers attract traffic. Since six streamers
00:18:27stopped live broadcasting during the contract period, it constituted a fundamental breach of contract and
00:18:31they should bear the responsibility for the breach . It demanded that these streamers
00:18:35pay liquidated damages ranging from 50,000 to 300,000 yuan. In the eyes of Yu Yue and Wang Fang,
00:18:39the company did not have any actual investment in them, so
00:18:43the huge losses claimed by the company in court were inconsistent with the facts.
00:18:46Several other streamers who were sued also successively submitted
00:18:50defense statements to the court, stating their respective reasons for defense.
00:18:53First,
00:18:55the defendant believed that the contract signed with the company at that time
00:18:59was an employment contract, not a cooperation agreement. Second,
00:19:03these streamers believed that they did not violate
00:19:07this.
00:19:10During the handling of the case, when the judge reviewed the evidence, an unusual situation caught
00:19:14their attention. They found that the original document of this contract, the
00:19:18first and last pages, had consistent fonts,
00:19:22but for this middle page, that
00:19:25is, for the nature of this contract, and this
00:19:29penalty clause, then the crucial page, the
00:19:33font, including the layout, including this.
00:19:53The judge, during his review, found obvious abnormalities in the streamer cooperation agreement.
00:19:56So, whether these streamer cooperation agreements could represent
00:20:00the true agreement between both parties became a question the court had to
00:20:04investigate clearly. As the investigation progressed,
00:22:45The Economic Crime Investigation Detachment of the Qiantang District Branch of the Hangzhou Public Security Bureau accepted the case. After that,
00:22:49a special task force was immediately established to conduct a comprehensive investigation
00:22:53into the case. Through investigation, the police found that
00:22:56a certain cultural media limited company in Hangzhou was registered at the end of December 2020.
00:23:00The actual controller of this company is Xu, and Xu
00:23:04had previously been involved in fraud and had been dealt with by the public security organs.
00:23:07He had a criminal record of being dealt with by our public security organs. Moreover,
00:23:11at the time of the incident, he was on probation.
00:23:15Through a comprehensive investigation of the company's operational situation,
00:23:19the police found that this company not only sued
00:23:23multiple streamers in the local court, but also filed commercial arbitrations in many
00:23:27arbitration institutions. According to statistics, the company has successively sued
00:23:30or applied for arbitration for dozens of streamers,
00:23:34and the claims are basically the same, all based on streamers breaching contracts,
00:23:38demanding payment of liquidated damages. There was a big doubt,
00:23:42whether there was a problem with the company, or whether there was a problem with the streamers below.
00:23:46In order to fully understand the relevant situation, the police found several
00:23:50streamers who were sued, hoping to learn from them about the company's
00:23:54operating model, signing process, and breach of contract determination.
00:23:57When the advertisement was published, it was "guaranteed minimum wage,
00:24:01guaranteed performance, no live streaming experience required, can join immediately." During the
00:24:05investigation, streamer Yu Yue recalled to the police handling the case that
00:24:09during the interview process, the company's person in charge, Xu, praised his good image,
00:24:13temperament, and strong expressive ability, saying that he was exactly the person the company wanted to recruit,
00:24:17and urged him to sign the contract quickly.
00:24:50This cultural media company has also filed commercial arbitrations in multiple
00:24:53arbitration institutions, but most of the cases were closed with the company
00:24:57withdrawing its arbitration application. So, what situations
00:25:01were hidden behind these arbitration cases? The police then
00:25:05found a streamer, Meng Su, who had been sued for arbitration. arbitration, Meng Su.
00:25:08Then I accompanied him for two days.
00:25:11Looking
00:25:17back on this job-seeking experience, Meng Su said it felt like she had fallen
00:25:20into a trap set by others from the very beginning. So what did Meng Su
00:25:24experience? Meng Su, in her twenties, is from Liaoning and later
00:25:28came to Hangzhou to live. Meng Su said that she also saw
00:25:32an advertisement online for a media company recruiting game streamers. She decided
00:25:36to give it a try and signed a live streaming cooperation agreement
00:25:40with the company online. Meng Su had worked for another media company
00:25:44before and had quite a bit of equipment. She did not go to this company to work,
00:25:47but chose to stream live from her own home. Subsequently, the company sent
00:25:51her videos for Meng Su to study on her own and told her that the company
00:25:55would train her to become a popular streamer, but
00:25:59Meng Su felt that the actual situation was different from what the media company had said.
00:27:37However, when it came to our company, this company had no investment in streamers. It completely relied on sending streamers to arbitration to obtain profit.
00:27:49The police found that this cultural company was in charge of a person
00:27:54and had three other financial managers. The four of them divided the work.
00:27:58The police believe that the actions of the four people already constitute a crime.
00:28:02He is just a systematic harvester of our
00:28:06vast number of young people who are new to society,
00:28:10using recruitment as a guise and contracts as tools. On
00:28:14August 11, 2022, the Qiantang District Branch of the Hangzhou Public Security Bureau organized police
00:28:17forces to arrest the criminal suspects involved in the case. Four criminal
00:28:21suspects were all arrested. Subsequently, the police immediately
00:28:25launched an interrogation. Xu did not believe that his actions were a crime.
00:28:29In this interrogation record, Xu said this:
00:28:33"The contracts between me and the streamers are all real and valid, protected by law.
00:28:36The company negotiates and sues in accordance with laws and regulations. These
00:28:40are all protected by law." This is the interrogation video of suspect
00:28:43Luo. Luo was originally responsible for operations
00:28:47and managing streamers in the company. Facing the police's questioning,
00:28:51he said this: "I didn't participate. I just said I went
00:28:55to help him recruit people or something."
00:28:56After
00:29:01the criminal suspects were brought to justice, they did not believe that their actions were criminal, but
00:29:04the police believed that the criminal suspects, under the guise of recruiting streamers, used contracts
00:29:08as tools, arbitrarily determined breaches of contract, and then extorted
00:29:12money from streamers through litigation or arbitration.
00:29:16This has already constituted a crime. Subsequently, the public security organs
00:29:20transferred the case to the local procuratorate for review and prosecution.
00:29:23The defendants claimed that litigation and arbitration
00:29:26were all for employee management. No company would tolerate employees leaving the company
00:29:30without authorization.
00:29:33The judge comprehensively reviewed the evidence and saw through the appearance to the essence.
00:29:37Beware
00:29:42of recruitment and signing traps. Today's Legal Talk is currently
00:29:46broadcasting. Located
00:29:49in the eastern part of Hangzhou, on the south bank of the Qiantang River, it is an important urban area in the eastern expansion of Hangzhou,
00:29:53and an important part of the China (Zhejiang) Pilot Free Trade Zone.
00:29:57In recent years, live streaming e-commerce, live streaming
00:30:00rewards, etc., have become a new trend.
00:30:32But in less than a year, this company fell into operational difficulties. Later,
00:30:36Xu came up with an unusual way to make money. This is Xu's chat
00:30:40record. He clearly told employees, "Our current profit points
00:30:44are to recruit people and catch breaches of contract." One is
00:30:47to recruit people, and then one is to catch breaches of contract, and then propose a lawsuit
00:30:51to make them pay compensation. This is a model to
00:30:55achieve the goal of making money. Through the analysis of the evidence,
00:30:58the prosecutor found.