Research On The Identification Of Labor Relationship Between Professional Athletes And Clubs In China

In recent years,disputes between professional athletes and sports clubs have increased.Clubs often default on athletes’ wages or make unreasonable penalties.This has worsened labor-management relations.The disputes between the two have been resolved peacefully to protect professional athletes and sports clubs.Legitimate rights are extremely important.In the specific judicial practice,the definition of the nature of the relationship between professional athletes and sports clubs has become the focus of disputes.The main reason for the controversy is the unclear identity of professional athletes and clubs.Compared with ordinary workers,professional athletes,as a product of the market economy,have the characteristics of high professional risk,weak substitution,and short career duration.These characteristics make the identification of professional athletes divergent.Some labor law scholars believe that the personality subordination between professional athletes participating in professional sports leagues and their clubs is low,which does not satisfy the subject qualification of ordinary workers in the "Labor Law",so they believe that the relationship between professional athletes and clubs does not constitute labor relationship.In specific judicial practice,most of these cases are related to the definition of the identity of professional athletes and the identification of the legal relationship between professional athletes and clubs;some courts consider the disputes between professional athletes and clubs to be labor relations disputes.In the adjustment of the "Labor Law" and "Labor Contract Law," some courts also believe that this type of dispute is an internal dispute in the professional sports industry.The people’s court has no jurisdiction and should accept the adjustment of industry regulations and does not constitute a labor relationship.This article takes the confirmation system of the labor relationship between professional athletes and clubs as the main research object,starting from the characteristics of professional athletes and clubs,combining with domestic judicial practice,studying the personality attachment and economic dependence of 、organizational dependency professional athletes and clubs,and clarifying the occupation Athletes’ special worker status and club’s employer attributes,clarify that the social legal relationship between professional athletes and clubs satisfies the constituent requirements of labor relations under China’s legal system;add "Sports Law","Labor Law",and "Labor Contract Law" The system connection provides theoretical support for the confirmation research of the labor relationship between professional athletes and clubs.The development of the professional sports industry is in the ascendant in China,and the public’s attention is increasing.Based on the coordinated adjustment of the "Sports Law","Labor Law",and "Labor Contract Law",the definition of the legal nature of professional athletes is clearly defined,and the relationship between professional athletes and clubs is balanced.Interest relationship,considering the particularity of professional sports,to achieve a perfect governance system for the sports industry.Improve the top-level design and actively follow the international regulations,based on the "Labor Law",correctly identify the identity of professional athletes,avoid disputes,and provide a legal basis for effectively realizing the protection of professional sports athletes’ labor rights and social relief.