国际体育仲裁视野下的职业球员工作合同的约定解除

Disputes of Termination by Agreement of Professional Player Working Contracts from the Perspective of International Sports Arbitration

运用文献资料法和案例分析法对目前国际体育仲裁中职业球员工作合同的约定解除问题进行分析,旨在为我国职业球员工作合同中约定解除争议的解决提供帮助。研究表明职业球员工作合同的约定解除存在特殊性,因此存在允许当事人预先设置合同解除条件的可能。根据相关的国际体育仲裁实践,只要没有造成合同条件的严重失衡,能够实现当事人之间的公平合理,此类条款的效力在个案审理当中就会得到认可。此种法律适用理念上的差异极易与我国劳动立法规定的法定解除情形发生法律适用层面上的冲突,故有必要正视以《国际足联球员身份和转会规则》为代表的足球行业规则背后的特别需要,从实体法和程序法两方面应对我国职业球员工作合同中的约定解除争议。

By using the methods of literature and case analysis,this paper analyzes the termination of professional player working contracts in international sports arbitration,in order to provide help for the settlement of disputes in professional player working contracts in China.The study shows that the termination by agreement of professional player working contracts has its own characteristics,so it leaves a room to allow the parties to agree on the pre-arranged conditions for the termination of the contracts.According to the relevant practice of international sports arbitration,as long as the conditions of the contracts are not seriously unbalanced and reasonable fairness between the parties can be achieved,the validity of such clauses will be recognized in case trials.This difference in concept makes it extremely easy to conflict with statutory termination in Chinese labor legislation on the level of application of law.Therefore,it is necessary to face up to the special demands included in the rules of football industry,represented by FIFA RSTP,and to consider resolving the disputes in termination by agreement of professional player working contracts in China through both the ways of substantive law and procedural law.