Font Size: a A A

Discussion On Labor Law Protection Of Transfer Right Of Football Professional Athletes In China

Posted on:2020-11-19Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y LiuFull Text:PDF
GTID:2416330602461641Subject:Science of Law
Abstract/Summary:PDF Full Text Request
The dispute of transfer right of professional football players in China usually comes from two aspects,involving the three-party subject.First,the FA,in accordance with its internal regulations and other internal normative documents on athletes to prohibit transfers and other restrictions on their transfer rights,such as athletes and the FA.s transfer right dispute.Second,the transfer dispute between athletes and clubs during the transfer process.Because the transfer right dispute between professional football players and the FA has more administrative law problems,it is not discussed in this paper.This article will discuss the protection of athletes transfer rights in the event of transfer rights disputes between athletes and clubs from the angle of labor law.At present,there are two viewpoints of labor relations and employment relationship in academic circles about the legal relationship between players and clubs.The legal relationship between professional footballers and clubs can be determined in order to clarify the nature of transfer rights.According to article ? of the Labor law,and the third article of the Employment Promotion law,the right to free choice of jobs is the basic labor right of laborers,and the labor law does not exclude the application of such subjects as professional athletes,but because of the particularity of professional sports,the transfer right of athletes has to be limited to a certain extent,While the transfer right is adjusted by labor law and related laws,it will inevitably conflict with the mandatory provisions of labor law in the aspects of the legislative spirit of independent career selection,the dissolution of labor contract and the way of relief in the event of labor dispute,but it should not exclude the application of labor law in the field of professional sports.The purpose of this paper is to analyze and summarize the provisions of the FA's internal documents,such as the FA's constitution,players transfer regulations,and to clarify the legal relationship between professional footballers and clubs,so as to determine the nature of the transfer rights of professional footballers by invoking the legal provisions of labor law and sports law.At present,when professional footballers and clubs have a transfer rights dispute,players can only turn to the Chinese Football Association or FA subordinate to the individual sports arbitration institutions,which is far from satisfying the protection of athletes' transfer rights.Have the right to have relief,players as laborers,should be subject to consultation,mediation,arbitration,litigation four types of labor dispute resolution mechanism protection,in order to achieve to maximize the protection for professional football players transfer rights,promote the development of professional football industry.This article will also draw lessons from the foreign mature professional player transfer right protection system,analyze the malpractice and reason of the protection of the transfer right of professional football players in China,and put forward their own suggestions for thinking and building the system.
Keywords/Search Tags:chinese football association, professional footballer, transfer right, labor relations, arbitration, litigation
PDF Full Text Request
Related items