Теоретические аспекты временного перевода футболиста к другому работодателю

Abstract

The article is devoted to the study of theoretical issues of temporary transfer of a football player to another employer, which is considered by the author through the prism of three interrelated relationships: between a football player and an employer at the place of main work, between a football player and an employer at the place of temporary work, between an employer at the place of main work and an employer at the place of temporary work. The analysis of the correlation of the terms «temporary transfer to another «employer» and «transfer on the terms of «lease» was carried out, according to the results of which it was revealed that temporary transfer in its legal content is one of the varieties of sports «lease». Special attention is paid to the norm fixed in paragraph 1 of Article 348.4 of the Labor Code of the Russian Federation, linking the temporary transfer to another employer with the employee's lack of opportunity to participate in competitions. The author believes that this provision contradicts the normative legal meaning of temporary transfer and the established practice of football labor relations and is therefore subject to exclusion from the legislation.