Play- Bargaining : legal implications on the employment status of student-athletes / Mark Jeej Jamin.
Material type:
TextPublisher: Cebu City : University of Cebu, 2018Description: ix, 202 leaves : illustrationsContent type: text Media type: unmediated Carrier type: volumeSummary: Summary: The Philippine legislature saw the problem of commercialization of student-athletes in the country, and so Republic Act 10676 was enacted into law to remedy the problem. However, despite such enactment, issues of commercialization of student- athletes still persists. With that being the case, it is imperative that the efforts of student-athletes be reciprocated with more protection in law. The determination of the employment status of student-athletes under the law is, thus, essential.
The researcher utilized a qualitative- case study method in analyzing the employment status of student athletes. The study was conducted in selected Cebu City schools and universities. Key informant interviews were conducted with the stakeholders and the legal experts to determine the employment status of student-athletes. A resort to existing laws and other available legal sources was also done in order to determine the legal implications of granting an employment status to student-athletes.
The results of the study showed that, theoretically and fundamentally student- athletes are to be considered as employees of the school to which they are associated to considering that, based on the study, the four-fold test has duly been complied with. But, considering all the factors and the legal implications attached therewith, it would be just and beneficial to consider student-athletes as special type of employees or sui generis employees. They are special employees since only certain benefits shall be afforded to them considering their current status and the legal implications attached to such status. The grant of a special status in law to student-athletes is also consistent with the Human Rights Theory and John Rawl's Theory of Justice. Hence, it is recommended that a law shall be enacted determining the employment status of student-athletes as a special type of employees or sui generis employees enjoying certain rights appurtenant t an employee and the grant of exception in some laws.
| Item type | Current location | Call number | Status | Date due | Barcode |
|---|---|---|---|---|---|
Thesis
|
Reserved (Law) | T J24pl 2018 (Browse shelf) | Not for loan | 3UCBLL00008560 |
Thesis (Degree in Juris Doctor)-- University of Cebu- Banilad, 2018.
Includes references (leaves 106-166)
Summary: The Philippine legislature saw the problem of commercialization of student-athletes in the country, and so Republic Act 10676 was enacted into law to remedy the problem. However, despite such enactment, issues of commercialization of student- athletes still persists. With that being the case, it is imperative that the efforts of student-athletes be reciprocated with more protection in law. The determination of the employment status of student-athletes under the law is, thus, essential.
The researcher utilized a qualitative- case study method in analyzing the employment status of student athletes. The study was conducted in selected Cebu City schools and universities. Key informant interviews were conducted with the stakeholders and the legal experts to determine the employment status of student-athletes. A resort to existing laws and other available legal sources was also done in order to determine the legal implications of granting an employment status to student-athletes.
The results of the study showed that, theoretically and fundamentally student- athletes are to be considered as employees of the school to which they are associated to considering that, based on the study, the four-fold test has duly been complied with. But, considering all the factors and the legal implications attached therewith, it would be just and beneficial to consider student-athletes as special type of employees or sui generis employees. They are special employees since only certain benefits shall be afforded to them considering their current status and the legal implications attached to such status. The grant of a special status in law to student-athletes is also consistent with the Human Rights Theory and John Rawl's Theory of Justice. Hence, it is recommended that a law shall be enacted determining the employment status of student-athletes as a special type of employees or sui generis employees enjoying certain rights appurtenant t an employee and the grant of exception in some laws.
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