| （首都体育学院 体育管理与传播学院，北京 100191） 摘 要：对四大联盟劳资协议及其特点、标准球员合同的内容进行研究，结果认为球员和俱乐部是合同主体；球员合同的内容包括合同期限、工作内容、球员薪资、球员福利、球员保障、球员身体状况、推广活动、禁止活动、球员商事人格权使用、球员不当行为与纪律处罚、纠纷解决、责任放弃等；球员合同中收入分享、最低工资、福利等条款的规定，为球员权利提供了保障，与普通劳动合同不同，合同中大量条款对球员权利进行限制，如人格权商用、禁止参加危险活动、身体状况、兴奋剂检测、良好行为与纪律处罚约束、选秀制度、合同解除约束、责任放弃等。这些约束涉及对球员隐私权、形象权、择业权的限制，从法律角度看，通过劳资谈判达成的这些限制性协议可根据非法定劳动豁免免除反垄断审查，同时这也是球员远超一般劳动者的高薪、完善的福利之下的代价。 |
HAN Yong
| （School of Mangement and Communication of Sports，Capital University of Physical Education and Sports，Beijing 100191，China) Abstract: The author studied the characteristics of labor agreements offered by four major leagues as well as the con-tents of labor agreements and standard player contracts offered by four major leagues, believed that players and clubs are contract subjects. The contents of player contracts include stipulations on such clauses as contract term, job content, player salary, player welfare, player assurance, physical condition, promotion activity, prohibited activity, usage of player’s commercial personality right, player’s misconduct and disciplinary punishment, dispute settlement, responsi-bility waiver etc. In player contracts, stipulations on such clauses as income sharing, minimum wage and welfare have provided assurance for player rights; different from ordinary labor contracts, a lot of clauses are used in the contracts to restrict player rights, such as the commercial use of personality rights, prohibition of dangerous activity participation, physical condition, doping test, good behaviors and disciplinary punishment restraint, drafting system, contract dissolu-tion restraint and responsibility waiver etc. These restraints involve with the restriction of player privacy right, image right, occupation choosing right, from the perspective of law, these restrictive agreements reached through labor nego-tiation can be exempted from antitrust scrutiny according to non-statutory labor exemption, which is also the price for the players’ high salaries which are much higher than ordinary workers’ salaries and their perfected welfare. |
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