In this master thesis, I consider the issues of the labour law status of professional football players in Slovenia. In doing so, I review the intersection between law and sports. I focus on the scope of legal protection of workers. The Employment Relationship Act (ZDR-1) defines an employment relationship as a relationship between the worker and the employer, whereby the worker is voluntarily included in the employer's organised working process, in which he in return for remuneration continuously carries out work in person according to the instructions and under the control of the employer. Through these traditional defining elements, I analyse the existence of an employment relationship between a professional football player and a sports organization. In this thesis, I note that all elements of the employment relationship are established in the relationship between a sportsman and a sports organization. Therefore, professional football players should enjoy the minimal scope of rights pertaining to ordinary workers. In spite of that, the work of a professional football player is undoubtedly different from ordinary work. In practice, most football players still carry out work on the basis of a civil-law contract or as a self-employed person due to the specifics of sport. In May 2017 a new Sports Act (ZŠpo-1) was adopted which also disrupted the field of athlete employment. The ZŠpo-1 determines more flexible regulation of some essential institutes of legal protection of workers. However, it does not set restrictions as are determined in the ZDR-1.
In the conclusion, I critically evaluate new regulation and present the endeavours of the Football Association of Slovenia in connection with the employment of the football players.
|