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040 _aUniversity of Cebu- Banilad
_cUniversity of Cebu- Banilad
100 _aJamin, Mark Jeeg,
245 _aPlay- Bargaining:
_blegal implications on the employment status of student-athletes /
_cMark Jeej Jamin.
260 _aCebu City :
_bUniversity of Cebu,
_c2018.
300 _aix, 202 leaves :
_billustrations ;
336 _2rdacontent
_atext
337 _2rdamedia
_aunmediated
338 _2rdacarrier
_avolume
501 _aThesis (Degree in Juris Doctor)-- University of Cebu- Banilad, 2018.
504 _aIncludes references (leaves 106-166)
520 _aSummary: 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.
541 _xBaldomero Estenzo
_yLaw
_zLaw
942 _2ddc
_cTHE
998 _ccrislyn[new]
_d06/07/2019
999 _c10219
_d10219