Will it be supported by the "salary limit order" film refraction brokerage company required the full payment of full payment?

A drop of water can refract the sun.

A case can highlight the principle of rule of law.

The official WeChat official WeChat of the Supreme People's Court launched the "New Fashion of the Time of Tips and Great" to take you back to the shining "small cases", reflecting on those "truths" contained in it, and experience the promotion of every judicial case. Fairness and justice. This issue brings you a case of actor's salary payment dispute.

The actor signed a contract with the crew to shoot a TV series. During the performance of the contract, the "salary limit order" of the film and television industry was introduced. According to the requirements of the "salary limit order", the crew can only pay half of the contract agreed in the contract. The other party is required to pay the remaining remuneration in accordance with the contract. During the trial, after the Shanghai First Intermediate People's Court explained the spirit and determination of the relevant documents to the parties, the brokerage company finally volunteered to withdraw the prosecution, and the court allowed it.

The brokerage company of an actor signed a "Planning Service Contract" with a cultural company, which stipulated that the brokerage company provided the cultural company to provide a planning creative and performance service agreed in the cultural company. The payment contract price and related expenses shall be paid for liquidated damages for more than 5 days. The brokerage company completed the TV series shooting according to a contract.

During the period, the "salary limit order" of the film and television industry was promulgated. The cultural company believed that the agreed film remuneration violated the relevant requirements of the "actor salary limit order" and paid only half of the amount. As a result, the two parties had a controversy, and the brokerage company filed a lawsuit with the court, asking the cultural company to pay the remaining remuneration in accordance with the contract. As the third person in this case, the actor said that as a performer, he was only responsible for the performance and complied with national policies.

According to the trial of Shanghai No. 1 Central Hospital, the key to the actor's salary payment dispute is that the "salary limit order" has the effect of the "salary limit order" on the effectiveness of the contract.

The "salary limit order" is a general name of a series of documents issued by relevant regulatory departments and industry organizations, which specifies the proportion of actors' filing allocation in the form of standardized documents, and clarifies the relevant rules. Although the regulatory documents issued by relevant regulatory authorities and industry organizations are not laws and regulations, the "salary limit order" is intended to promote the healthy and orderly development of the film and television industry, and actively create a good industry ecology that prosper and develop socialist literature and art.

In this case, the signing and performance of the contract between the two parties coincided with the aforementioned normative documents, and the two parties should effectively implement the document requirements. During the trial, the Shanghai First Intermediate People's Court explained the spirit and intention of the relevant documents to the parties, and the brokerage company should consciously practice the core values ​​of socialism in the relevant industry employees, and finally volunteered to withdraw the prosecution. The Shanghai No. 1 Intermediate People's Court allows it.

Judge's mind

Wu Huiqiong, Chief of the Chamber of Commerce of the First Intermediate People's Court of Shanghai

1. The "salary limit order" aims to use creating excellent works as the central link, promote the healthy and healthy development of the film and television industry, and standardize market order.

The "salary limit order" of the film and television industry can adjust the unfairness of resource allocation and make the market return to reasonable and standardized. Practitioners in the film and television industry should effectively abide by the relevant requirements of the "salary limit order", fully respect and encourage originality, and jointly work together to establish and improve the scientific and reasonable TV drama investment and distribution mechanism to promote the healthy development of the industry.

2. The "salary limit order" aims to prevent the incorrect value concepts such as blind chaser, gold worship, and fame overnight, which will help help the whole society to establish a correct value orientation.

As an actor of public figures, it is an idol for worship of many young students. It assumes social responsibility that influences and even leads young people. It should pass on the values ​​of goodness and assume corresponding social responsibilities. It is also necessary to cultivate newcomers, cultivate culture, and exhibit images, including industry practitioners, including actors and film and television companies, should actively pass the correct values ​​through excellent performances and works.

Representative comment

Zhu Guoping National People's Congress Representative

Shanghai Mayor Ning Hongqiao Pingju Studio Party Branch Secretary, President of the Work Association of Shanghai (Resident) Village Committee

The "salary limit order" is mainly adjusted to some unreasonable and high income of some stars to promote social fairness and justice. At the same time, it also establishes the correct life orientation for the younger generation to prevent excessive entertainment and stars and stars.

The cultural industry is an important means to build a advanced socialist culture. It also promotes economic development and enhances comprehensive national strength. The release of normative documents such as "salary limit order" has promoted the quality of film and television works, promoted the return of film and television works to the essence of art, and returned to people's services.

The brokerage company voluntarily withdrew the prosecution under the explanation of the court, and effectively implemented the document requirements. The actor took the initiative to say that "observing national policies" reflects its attitude of returning to the correct occupational positioning. All parties in the public are in line with the public's public order and the core values ​​of socialism.

Source: Supreme People's Court News Bureau

Comic: Zhou Jing

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