Author: Zhang Yadong, Consultant, Beijing Puran Law Firm.
Author: Peng Ranqing, LL.M., Beijing Puran Law Firm, lawyer.
With the booming sports industry, more and more underage athletes are participating in various sporting events. However, due to the special status of minors and the provisions of relevant laws and regulations, how to determine the employment relationship between minor athletes and recruiting units has become an issue of great concern. This article examines this issue in accordance with the third typical civil case of sports-related disputes issued by the Supreme People's Court: the determination of the labor relationship of underage athletes - the contract dispute between Xiaolei and Dadi Sports Company[1].
1. Introduction to the case
The father of Xiao Lei (under the age of 16) signed the "Contract" with Dadi Sports Company on his behalf, stipulating that Xiao Lei became a billiards contract player of Dadi Sports Company, and Dadi Sports Company would bear Xiao Lei's education and training, competition transportation and other expenses and sports equipment in the training base; Xiaolei shall not sign similar contracts with other companies and groups, and all events and activities must be arranged by Dadi Sports Company, and wear the designated product logo, use cues and other products provided by Dadi Sports Company, and both sides will account for 50% of the prizes, and all fees will be refunded if they are in default. Later, Dadi Sports Company terminated the investment cooperation agreement with the outsider of the training base, and Xiaolei did not participate in any training and competition activities arranged by the company. Xiaolei sued for an order to terminate the contract and for Dadi Sports to pay liquidated damages on the grounds that he could not enjoy the training and that Dadi Sports could not continue to perform its contractual obligations. On the grounds that Xiao Lei left without consent and breached the contract first, Dadi Sports Company counterclaimed that Xiao Lei should be ordered to return the tuition, accommodation fees and other expenses, and equally distribute the prize money won by Xiao Lei for participating in the competition.
2. The Court's View
Xiao Lei was a minor under the age of 16 when he signed the contract, and he was qualified to be recruited by a sports unit. As a recruiting unit, Dadi Sports Company shall abide by relevant national regulations and protect Xiaolei's right to receive compulsory education. The nature and performance of the contract signed between Xiaolei and Dadi Sports Company are in line with the organizational, subordinate and compensatory conditions for the establishment of labor relations, and the two parties have established labor relations. This case is not a contract dispute, but a labor dispute, and labor laws and regulations should be applied to determine the rights and obligations of both parties.
3. Lawyer's review
The determination of the employment relationship between a minor athlete and the recruiting entity needs to fully consider its particularity and legal provisions. In China, the laws and regulations related to the labor relations of minors mainly include the Labor Law, the Labor Contract Law and the Protection of Minors. These laws and regulations clearly stipulate and provide a legal basis for the protection of the labor rights and interests of minors.
The specific determination of the employment relationship of juvenile athletes in judicial practice requires consideration of a number of factors. The legal relationship between the employing entity and the minor under the age of 16 must have the characteristics of the labor relationship such as personal and economic subordination. The criteria for determining a de facto labor relationship can be referred to: the employer and the employee meet the subject qualifications stipulated by laws and regulations; The labor rules and regulations formulated by the employer in accordance with the law are applicable to the workers, and the workers are subject to the labor management of the employer and engage in paid labor arranged by the employer; The labor provided by the worker is an integral part of the employer's business. In practice, the people's courts conduct a substantive review of whether there are labor management facts and subordinate characteristics between the minor athletes and the recruiting entity, which is conducive to fully protecting the legitimate rights of the minor athletes and promoting the healthy development of the sports industry.