La relación laboral especial del deportista profesional en el siglo XXIaspectos contractuales, novedades y tendencias. La respuesta del derecho ante los cambios sociales en el deporte

Abstract

After more than thirty years of the entry into force of Royal Decree 1006/1985 of June 26th, which regulates the employment relationship of professional athletes, the opportunity arises, and that is the objective of this work, to analyze the future of what is regulated in that text as regards the employment relations it covers and its adaptation to the social reality of the historical moment that we live. The professional relationships tangential to the labour relation of each professional athlete are required to be studied (o shall be studied), but the aforementioned regulations do not expressly include this which shall be specified in their regulation, as they advocate scientific and judicial doctrine. All this seen from the prism of nowadays and the new and rising careers that have been generated around sport. This objective will be achieved by studying what these possible new professions are, giving a brief review of the characteristic notes of the employment relationship of professional athletes, and also those others which are not so new since they were born in the very genesis of the sport itself, but which have always been relegated to the background within the legal field and through case-law claims their inclusion. These jobs, whose qualification is the subject of an unfinished debate, will be studied using a classical method. That is, on the basis of Royal Decree 1006/1985, of June 26th, which regulates the employment relationship of professional athletes, to seek in judicial case and in the jurisprudential and doctrinal criteria not only a full understanding of it, but also an opinion founded on its current and opportunity to improve. As a definitive conclusion, it is worth highlighting the inoperability of the current sports work model, which requires a reform on the field of the special job performance of the professional athlete in order to exponentially expand its subjective scope of application, with the introduction of all the figures that have been analyzed in this study. Minors, women, gamers, and all those realities that have appeared on relatively recent dates in the sporting landscape of society must have their place in the legal system that will be accomplished through the repeal of LD and RD 1006/1985 as well as the dictation of new regulations.