Chicken cutlet manager, outdoor manager, script manager... In recent years, various types of "manager" positions have emerged. As "manager" is not a legal concept, it has sparked controversy - they are all "managers", who are the partners and who are the new employees? In recent years, the concept of "host" has rapidly broken through boundaries and its applicable contexts have become more diverse. Experts say that the concept of "principal" is not a legal concept, and the key to defining its identity depends on the actual rights and obligations relationship. Creating exclusive trendy parties, operating healing community spaces, planning fun and pet friendly social events... Opening recruitment apps, some "host" positions with artistic and personality tags attract many young people. The title of "manager", which carries the aura of "freedom" and "creativity", has quickly "broken through" in the wave of new formats in the past two years, and has become synonymous with trendy professions. However, they are all called "managers", some hold brand ownership and are entrepreneurial bosses; Some people actually do the basic work of sales and operations; Some people are recruited by companies under the name of "managers", but face situations where their labor rights are compromised. This has caused identity confusion for many practitioners. The applicable context of "host" is diverse. "Selling chicken cutlets is called a chicken cutlet host, leading an outdoor hiking group is called an outdoor host, and even when going out to play murder mystery, the DM (host) has to say they are the script host. ”When it comes to the term 'manager', netizen Xiaoye expressed his doubts to reporters: what exactly is a manager? It is understood that the term "manager" originally referred specifically to creators who deeply bind personal traits with brand characteristics. In recent years, with the spread of social media and the prosperity of new consumer content, the concept of host has been constantly breaking through boundaries, and the applicable contexts have become increasingly diverse. The reporter found that there is no clear and unified definition of "manager" in the current context, which usually covers several types of situations. The first type is the brand founder, who independently invests and bears business risks. Because in my daily life, I need to perform and interact with the audience. If I were called 'founder' or 'boss', I would feel a sense of distance from the audience, and the title' manager 'would be more appropriate. ”The host of Hu Lai's improvisational drama, A Dang, told reporters. The founder of a certain education and training institution stated that the company's initial stage is relatively small, and the title of "manager" can reflect both ownership and summarize their daily work content. The second type is the "entrepreneurial partner", which refers to investors who share profits and risks with other partners. Mr. Wang, a partner at a massage parlor in Beijing, refers to himself as the "manager". He told reporters, "Partner with friends to open a shop, jointly responsible for daily business operations, share profits with everyone, and take on problems together." The third type refers to employees hired by the enterprise under the name of "manager" to help the enterprise handle specific affairs. These types of managers mostly appear in some newer business formats, such as "pet travel managers" and "small courtyard managers". The principal is not strictly a professional form, so the determination of the nature of the work is relatively complex. ”Nie Shixia, a practicing lawyer at Beijing Lunfa Law Firm, said that using too many concepts not only easily leads to cognitive biases among the public towards this identity, but also may lay hidden dangers in defining legal relationships. The key to defining identity depends on the relationship between rights and obligations. According to a professor from the School of Labor Economics at Capital University of Economics and Business, since "principal" is not a legal concept, the definition of identity cannot be based solely on titles, but rather on the actual relationship between rights and obligations. Founders and partnership type managers are more similar to individual business owners or company shareholders in China, who independently invest, operate, and bear their own profits and losses, using their personal skills to operate related brands, "he said. The core of determining the identity of an employer is whether they are under the management of the enterprise. If the labor relationship between the two parties is relatively loose and the workers do not accept the management of the enterprise, it belongs to a labor relationship; if the enterprise has a clear attendance and assessment system for the manager, they must accept the labor management of the enterprise and engage in paid labor arranged by the enterprise, which meets the recognition standards of labor relations, "said Nie Shixia. It is worth noting that some companies, in order to reduce labor costs, sign civil contracts such as contract agreements with employees under the name of "managers" instead of labor contracts, and replace fixed wages with performance sharing. Workers often mistakenly believe that they are "entrepreneurial partners", but in reality, they neither enjoy shareholder rights nor have the ability to claim labor rights such as overtime pay. A case heard by the Third Intermediate People's Court of Beijing shows that Li signed a labor contract with the company when he joined, and later signed a "manager agreement", which stipulated performance and company share. After the expiration of the labor contract, the company requires Li to renew the "principal agreement" simultaneously when renewing the labor contract. The court ultimately determined that the "principal agreement" is only a business agreement within the labor relationship, cannot replace the labor contract, and cannot be used as an additional condition for signing the labor contract, clarifying the boundary of the employee identity of the hired principal. This operation is essentially a way for companies to evade their employment responsibilities. ”Nie Shixia analyzed that signing a labor contract means that the enterprise has to bear legal obligations such as paying social security and overtime pay, while civil contracting agreements transfer employment risks to workers. Once disputes such as work-related injuries and wage arrears arise, the difficulty of workers' rights protection will significantly increase. Be wary of employment risks and cultivate a habit of leaving traces of work. After searching for the keyword "manager" on a certain recruitment platform, reporters found that many job postings had problems such as vague job descriptions and unclear job responsibilities. Under the guise of "manager", basic job positions were packaged as trendy "brand co creators". For example, in a position called "Love Manager", the job responsibilities are described as "joining the core offline growth department, working with a group of dynamic and innovative operators", "entering and exiting various sports fields, interest salons, and boutique communities, expanding social circles in work", and the specific job content and assessment standards are briefly mentioned. After inquiring with the recruitment manager of the position, the reporter received a response: "This position is not a management position, but a software offline user development job, which belongs to sales work." After carefully reading the job description of "New Space Manager" and consulting with the recruitment manager of the position, the reporter found that the so-called "accompanying brand growth" and "personalized space operation" in the job description are actually "one-stop jobs" that take into account new media marketing, online customer service, and offline butler, which is far from the "artistic positioning" in the job description. In addition, as a new form of work, the job responsibilities of managers are often flexible and creative, which can lead to problems such as vague assessment criteria and difficulty in recognizing labor results. A labor dispute case released by the Xuhui District People's Court in Shanghai shows that in 2022, Zhang joined a company and served as a "party organizer", recording cycling fitness videos as a course. In 2023, the company terminated the labor contract on the grounds that Zhang was unable to meet the assessment standards. The court ruled that the company did not clearly inform Zhang of the performance and task goals, therefore the basis for terminating the labor contract was insufficient. Common risk points when signing labor contracts include discrepancies between job titles and actual job responsibilities, unclear labor compensation agreements, vague working hours and assessment standards, and unreasonable agreements on non compete and confidentiality obligations. ”Nie Shixia suggested that when signing a labor contract, workers should negotiate with the employer to clarify the specific nature of the position, job content, scope of responsibilities, assessment standards, and other specific matters. During the work process, workers should also develop the habit of leaving work marks. For example, retaining key evidence such as labor contracts, work permits, attendance records, work results, and labor compensation to safeguard one's legitimate rights and interests at critical moments. The rise of new business formats has given birth to numerous new forms of professions. The labor supervision department should strengthen the supervision of labor employment under new business formats, issue relevant guidelines, and regulate the recruitment and employment behavior of employers. ”Nie Shixia said. (New Society)