Video of Godfrey Gao 2 hours before incident exposed, was the crew's all-night shoot illegal?
In the early morning of November 27, Gao Yixiang fainted while recording Zhejiang Satellite TV's variety show "Chase Me," and was sent to the hospital for further treatment. According to confirmation from Gao Yixiang's agency, he died despite rescue efforts.
According to audience members present at the scene,Two hours before the incident, they saw Gao Yixiang less than a meter away, "He was chatting with the staff and seemed in good spirits."
According to reports, Godfrey Gao had a packed schedule in recent days and worked while ill, even recording a high-intensity variety show, highlighting the demanding nature of his workload.
While many industries discuss the difficulty of strictly enforcing labor laws, workers in numerous fields find it hard to invoke these laws, and celebrities are among them.
When celebrities film a drama or record a variety show, such work is temporary in nature. For jobs that require gathering many people for a short period, production crews typically sign service contracts with the stars or extras involved. Common examples of service relationships in daily life include hourly workers and repairmen.
The image below shows recruitment information posted online by a production crew, which states:Actors sign service contracts with the production crew, not labor contracts. This is essentially the current norm in the industry.
If a celebrity suffers personal injury during filming, does it qualify as a work-related injury?
A lawyer from Guangdong Zhiming Law Firm stated,It is generally believed thatthere is no work-related injury issue in labor service relationships.If a worker is injured during work, compensation can be sought based on the standard of personal injury compensation for ordinary torts. Procedurally, the cause of action for such cases is a dispute over employee injury compensation, and the worker may directly file a lawsuit in the people's court without going through labor arbitration.
In labor service relationships, the principle of no-fault liability applies to disputes over worker injury compensation, meaning that liability does not require the employer to have subjective fault. Although worker injury compensation liability is no-fault liability, it does not mean that the employer bears full responsibility for any harm suffered by the worker while performing assigned tasks. If the worker is grossly negligent, the compensation obligor's liability may be reduced.
In summary, what we commonly refer to as work-related injuries does not actually apply to injuries in labor service relationships, and therefore compensation is not calculated according to work-related injury standards. Labor service relationships differ from labor relationships; in labor service relationships, personal injury suffered by the worker is calculated based on personal tort law.
Is it illegal for a film crew to require a celebrity to shoot all night?
According to China's Labor Law, workers must not work more than 8 hours per day or 44 hours per week. However, labor service relationships are not regulated by the Labor Law; they are generally governed by the Contract Law, the General Principles of Civil Law, and other civil laws.
In labor service relationships, working hours are determined by the contract and are not subject to the 8-hour or 44-hour limits of the Labor Law.
It must be admitted that the elimination mechanism in the entertainment industry is harsh, and most celebrities rely on their "youth" to make a living. To avoid being forgotten by the audience, they desperately compete for various work opportunities. Overnight shoots are common in the industry, and it is hoped that the recent misfortunes in the entertainment circle will draw attention to this issue.
