论职业运动员的劳动者地位——以转会权为中心

Analysis of the Status of Professional Athletes Workers——Focus on Transferring Right

职业运动员与俱乐部之间虽具有劳动关系的本质,但其劳动者地位却没有明确规定,现行职业体育的一些行业规定限制甚至剥夺了职业运动员作为劳动者应享有的基本权利,对职业运动员这一劳动群体来说显失公平,也制约了体育职业化的进一步发展。研究从劳动法的基本原理出发,提出职业运动员应纳入劳动法的保护范围;鉴于职业运动员的特殊性,还应对其劳动自由权、健康权做出专门规定。

Although there is the working relationship between professional athletes and the club, the status of its workers is not clear , some existing professional sports restrictions even deprived of the basic right as workers from the professional athletes, that is obviously unfair to labor groups and also restricts the further development of professional sports. Based on the basic principle of labor law, this paper analyses the worker status of professional athletes, discusses the right of professional athletes, and hand puts forward that professional athletes should be included in the scope of protection of labor law. According to the special nature of professional athletes, soecial provisions aleut their right of freedom labor and health, should be made.