Research On The Unilateral Termination Of Work Contracts By Professional Athletes

With the acceleration of the process of the sports professionalization,the protection of the rights of professional athletes is gradually exposed,especially in the aspect of the work contract.Among of them,the unilateral rescission of the contract of professional athletes has become the focus of attention.In practice,because of the unclear nature of the working contract,the contradiction between the laws and regulations of the labor law and the rules of the sports industry,professional athletes can not successfully terminate the contract.thus violating their legitimate rights and interests.Therefore,by consulting the literature,the author analyzes the research status of professional athletes' work and redefines the scope of "professional athletes”and the nature of "work contract".so as to draw the following conclusions.The first professional athlete should meet the following three requirements: the approval of registration in the relevant departments;Being employed by a club and having a contract of employment with the club.The second professional athlete's work contract is defined as the labor contract,so as to better protecting the rights of the professional athlete.On this basis,this paper will focus on the analysis of the following three aspects of the problem: one is the early termination and immediate termination of the system in the sports industry are difficult to terminate the work contract;Second,the premise and way of undertaking the liability for breach of contract in the sports industry are not consistent with the provisions of the labor contract law,resulting in conflicts.Thirdly,the dispute resolution mechanism in the industry excludes judicial relief and lacks neutrality.In view of the above three aspects,this paper focuses on the limitation,high risk,high cost of training,difficulty in transformation and constraint by industry rules of professional athletes.The sports industry is deeply influenced by this system,with its unique contract cancellation system,transfers system and autonomy concept prevailing.In the labor contract law,the author analyzes the causes of the imperfection of the provisions to rescind.in advance,notice the right to rescindimmediately.In order to protect the legitimate rights and interests of professional athletes,the author puts forward the following suggestions: the sports industry needs to introduce the pre-notice cancellation system in the contract,according to the characteristics of the industry to be detailed;In the transfer rules,it is necessary to relax the transfer time,reduce the transfer fee and increase the punitive measures to the original club.In the rules of liability for breach of contract,the sports punishment of professional athletes should be lightened.we should introduce judicial supervision or accelerate the construction of sports arbitration system.In the labor contract law,the term of notice should be specified,and the degree and procedure of immediate termination right should be specified.Only by combining the above countermeasures can the smooth progress of sports professionalism is guaranteed.