Abstract
As a result of enhanced professionalism and commercialization in the field of sports, it has become an industry of its own. Professionalism and industrialization are correlated; therefore sports actors’ performance achieved as a result of their professionalism lead to the commercialization, and even to the industrialization of certain (branches of) sports. On the other hand, it is considered that industrialization which involves the commercial aspect is able to maintain, and even enhance sports actors’ professionalism/performance. In practice, such correlation is not always directly proportional, but inversely proportional. There have been cases of issues related to sports actors’ welfare not being properly fulfilled, in fact, being far below the general manpower standards applicable to people doing work (workers/laborers). In general such cases include late or non-payment of wages, reducing bonuses, implementation of contract not accordance with the initial agreement, unilateral termination of contract without compensation for damages and others. The frequently arising question is whether sports actors, particularly athletes, have the status of ‘nonemployee’ professionals, or the status of ‘employees’. The various existing opinions related to such issue of status raise certain legal implications, particularly from the manpower aspect which emphasizes the welfare and legal protection of ‘workers’, which are also often experienced by athletes. It is expected that this article will be able to provide to the readers a broader view regarding the status of athletes’ ‘manpower’ status.
Highlights
The rapid developments taking place in the field of sports have brought along many changes
The various existing opinions related to such issue of status raise certain legal implications, from the manpower aspect which emphasizes the welfare and legal protection of ‘workers’, which are often experienced by athletes
Year 2 Vol 3, September - December 2012 INDONESIA Law Review nization, sports actors, sportsmen, training methods, development, supervision, industry, performance, contract value and bonus system, and even the personal life of athletes which are subject to continuous public attention
Summary
The rapid developments taking place in the field of sports have brought along many changes. Nization, sports actors, sportsmen (better known under the term athletes), training methods, development, supervision, industry, performance, contract value and bonus system, and even the personal life of athletes which are subject to continuous public attention.. There has been frequent reporting about friction between athletes, clubs, leagues and national training centers. In a broader scope, there have been issues taking place at the level of sports organizations.. The essence of such frictions or issues has been the antinomy between the welfare, the welfare of sports actors namely athletes, on the one hand, and performance, which is the basic guarantee for the sustainability of the said sector as an ‘industry’.5. In a broader scope, there have been issues taking place at the level of sports organizations. In general, the essence of such frictions or issues has been the antinomy between the welfare, the welfare of sports actors namely athletes, on the one hand, and performance, which is the basic guarantee for the sustainability of the said sector as an ‘industry’.5 it is expected that a study of the manpower aspect may be helpful in providing another perspective for enriching the various existing discourses related to the endeavors for the settlement of the above mentioned issues
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