体育转会的分类

V. A. Betekhtina
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引用次数: 0

摘要

运动员和教练员转会到其他雇主时出现的冲突情况越来越多,其中一个原因是对这一概念的定义缺乏统一的理论方法,因此也就无法将体育转会与相关现象区分开来。目前,专门研究体育转会分类的科学著作相对较少,这似乎是体育转会理论认识上的一个重大空白,亟待填补。本文根据体育转会主体所属的管辖类型(国内和国际)、实施期限(永久和临时)、主体 (运动员和教练员的转会),提出了体育转会的分类方法。从体育转会的劳动法规形式角度可以区分出以下几种类型:a) 根据《俄罗斯劳动法典》第 77 条第 3 款和第 4 款规定的方式终止与前雇主签订的劳动合同的过渡(转会)。a) 根据《俄罗斯联邦劳动法典》第 77 条第 3、4 款、《俄罗斯联邦劳动法典》第 80 条规定的方式与 前雇主终止劳动合同并与新雇主签订新劳动合同的过渡(调动); b) 根据双方协议(《俄罗斯联邦劳动法典》第 77 条第 1 款)终止劳动合同并随后与另一雇主签订 劳动合同的过渡(调动);c) 按照将雇员调往另一雇主处工作的顺序进行的过渡(调动)(《俄罗斯联邦劳动法典》第 77 条第 5 款); d) 按照第 348.4 条规定的方式将运动员临时调往另一雇主处工作的过渡(调动)。d) 根据《俄罗斯联邦劳动法典》第 348.4 条规定的方式将运动员临时调往其他雇主的过渡(转会)。没有理由证明体育转会与体育国籍变更之间存在关联。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Classification of Transfers in Sports
The increase in the number of conflict situations that arise when athletes and coaches are transfered to other employers is due, among other things, to the lack of a unified theoretical approach to the definition of this concept and, therefore, the delimitation of sports transfers from related phenomena. At present, a relatively small number of scientific works are devoted to the classification of sports transfer, which seems to be a significant gap in the theoretical understanding of sports transfers that needs to be filled. The paper proposes a classification of sports transfers depending on the type of jurisdiction to which the subjects of the sports transfer belong (national and international); the period of its implementation (permanent and temporary; its subjects (transfers of athletes and coaches). Some types can be distinguished between from the point of view of forms of labor regulation sports transfer: a) transitions (transfers) based on termination of the employment contract concluded with the previous employer in the manner established by paragraphs 3, 4 of Art. 77 of the Labor Code of the Russian Federation, Article 80 of the Labor Code of the Russian Federation, and on concluding a new employment contract with a new employer; b) transitions (transfers) involving the termination of an employment contract by agreement of the parties (clause 1 of Article 77 of the Labor Code of the Russian Federation) with the subsequent conclusion of an employment contract with another employer; c) transitions (transfers) in the order of transferring an employee to work for another employer (clause 5 of Article 77 of the Labor Code of the Russian Federation); d) transitions (transfers) in the order of temporary transfer of an athlete to another employer in the manner established by Article 348.4 of the Labor Code of the Russian Federation. The absence of reasons for identifying a sports transfer with a change of sports citizenship is substantiated.
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