关键词: 职业篮球运动员, 聘用合同, 法律性质, 劳动关系, 劳动合同

Abstract:

CBA’s Domestic Player Employment Contract has been playing a positive role in clarifying the clubs’ and players’ rights and obligations, and in regulating the competition between clubs. However, there are also many problems such unclear legal nature and legal application, causing many disputes in practice. Through international comparative analysis, legal case study, and normative analysis, the paper discusses the legal nature of the contract from three aspects: the judgment standard of labor relationship, the content of labor contract, and the relationship between players and third-party institutions. It suggests that the employment relationship between clubs and players is labor relations rather than labor service relationships, and their contracts are labor contracts rather than labor service contracts. Therefore, the contracts should be regulated using labor law rather than civil law. Furthermore, the paper examines the problems when applying labor law to the contract by analyzing the exclusive signing right clause, salary cap system and the contract buyout. It puts forward suggestions on regulating the contract to promote the healthy and sustainable development of professional basketball.

Key words: professional basketball player, employment contract, legal nature, labor relationship, labor contract