| With the advancement of science and technology and the strengthening of network technology,the e-sports industry has gradually risen and flourished in China.In recent years,with the introduction of regulatory documents that regulate the development of the e-sports industry in various cities,the e-sports industry is moving towards a career in China.Progress towards standardization and standardization.E-sports professional players are the main practitioners in the industry,and professional athletes are mainly engaged in e-sports competitions.However,due to the lack of labor security rights and related systems of e-sports professional players,the employment model between e-sports professional players and e-sports clubs appears more chaotic.Some clubs have signed labor contracts with their e-sports professional players.Sign comprehensive civil contracts.Compared with traditional laborers,e-sports professional players have five characteristics.The employeesare younger;the salary of the same position in the industry is greatly different;the working time is longer;the right to free movement is limited;and the penalty for breach of contract is high.Compared with traditional professional athletes,It has a short development history and weak administrative control.In order to protect the labor rights of professional e-sports players,we must first analyze and clarify their legal nature.The method of identifying labor relations in China is mainly to determine whether there is a written labor contract between the two parties.If there is no labor contract,it is based on the combination of subjective qualification analysis and subordinate attribute analysis.As the subordinate attribute analysis is a scientific analysis,the criteria for determining the subordinate attribute are controversial.Through specific analysis,it is considered that the “tripartite” personality subordination,economic subordination and organization subordination are used to identify the labor relationship mode more in line with social development Related regulations in China.Combining the contract signed between the e-sports club and the e-sports professional player,comparing the judgment criteria,it can be concluded that there is a labor relationship between the e-sports professional player and the e-sports club.Through consulting the case,it is found that the current labor law disputes of professional e-sports players are mainly concentrated on four aspects: the nature of the contract,the protection of wages,the right to health,and the free movement of professional players.E-sports professional players,as professional athletes,can learn from traditional professional athletes' solutions to related problems,take the best of them and remove their dross,and formulate a more suitable system for e-sports professional players.Regarding the nature of professional contracts for e-sports players,official industry associations or relevant government departments can issue documents to clarify them;for wage protection,industry unions can be established to protect them;for health and rights issues,the club must first be forced to e-sports Professional players purchase social insurance.Secondly,they can consider formulating occupational disease identification standards specifically for professional athletes.For the free movement of professional players,the transfer system can be replaced by a combination of the service period system stipulated in the current law and the competition prohibition system.The law balances the interests between professional esports players and esports clubs. |
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