精英运动员与劳动者身份

Elite Athletes and Worker Status

Industrial Law Journal · 2024
被引 10 · 同刊同年前 7%
ABS 3

中文导读

研究了欧盟、挪威和英国奥运项目中精英运动员的工作条件,发现多数运动员因国家法律或合同条款不被视为雇员或工人,从而无法享受养老金、生育津贴等福利。文章认为无论法律如何规定,精英运动员本质上就是劳动者。

Abstract

Abstract Recent research regarding the working conditions of elite athletes in Olympic sports in the European Union, Norway and the UK shows that most athletes are not in an employment relationship with a sports stakeholder such as a National Olympic Committee, sports governing body or club because legislation at a national level or the terms of a contract preclude their status as employees or workers. Elite athletes who are excluded from employee or worker status do not have access to valuable social and employment benefits and protections, for example, a pension entitlement or maternity benefits. This article highlights the complex contractual situation of elite athletes who are integrated into a national elite sports programme and the regulatory and legal frameworks in which they provide services during an athletic career and posits that elite athletes are workers irrespective of an athlete’s legal status designated under national law or contract.

体育经济学劳动法体育政策运动员权益