The master's thesis examines the employment status of athletes in team sports. Stemming from the hypothesis that the relation between athletes and sports clubs in team sports corresponds to all the elements of the employment relationship as defined by Employment Relationships Act (ERA-1), the author focuses on the Slovenian labour legislation. In view of the disorderly situation in practice, the author first analyses and presents key elements that guarantee labour protection for workers, in particular, determining the meaning and content of the employment relationship and its determinative elements, and assessing the regulatory capacity to combat disguised employment relationships. The author finds that ERA-1 is adequately equipped for this and also reinforced by the case law, which, at least in recent decisions, explicitly highlights the principle of primacy of facts. Deriving from this context, the author concludes that the relationship between the athlete and the club fulfils all the elements of an employment relationship, with a particular emphasis on the intense subordination of a professional athlete. The special employment regulation of athletes in the new Sports Act (SA-1) is therefore inappropriate, since it allows the contracting parties to derogate some of the key elements of labour protection. Notwithstanding some of SA-1’s reasonable new provisions that take into account the specificity of sport and allow for the lawful conclusion of employment contracts in such relationships, the author is critical of the new employment regulation of athletes, as he believes that it is unreasonably and excessively deviating from the content of the general employment relationship to the extent of being substantially practically exhausted. At the same time, he expresses hope that the explicit recognition of the employment status of athletes will lead to an appropriate social dialogue that would result in obtaining mandatory employment standards for athletes.
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