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  • Essay / Are footballers employees of clubs? - 1754

    INTRODUCTIONThe definition of "employment" and an "employer-employee relationship" is one that has puzzled most commentators to the extent that there have been growing calls for any the distinction between an “employee” and an “Independent Contractor” in the broad sense of the term “Employment”. Whether a footballer can be considered an employee of the club for which he plays is a tricky one, tangled in a number of technical intricacies, such as the distinction in the nature of a "contract of service" and a "contract of service". service contract”. Given that a certain obscurity surrounds the understanding of the 'normal' constitution of an 'employment' relationship, even greater uncertainty is expected when considering an abnormal relationship such as that between a footballer and his club. In this article, the author intends to arrive at a considerably clearer position regarding the exclusive relationship between these two entities. In doing so, the author draws on Guy Davidov's understanding of what kind of definition truly fits the conundrum that is the "employment relationship", and how a footballer's activities fall within a “service contract” rather than an employment contract. “service contract”. To this end, the author will also analyze the understanding of the employment relationship in various complementary branches of law and attempt to arrive at an appropriate definition that adequately addresses the major concerns of all these branches. Employment" is addressed, the author would seek to make reference to certain case law and legal reflections which have emerged in the field of sport in general and football...... middle of article...... 6 EATGardiner, op. p. 491-493; op. cit., p. 90.FIFA, Commentary on the Regulations on the status of transfers and players, available on.Id. and Anonymous, “Club versus country dispute in football; players on international duty”, accessed February 20, 2011, < http://www.law.ed.ac.uk/courses/blogs/sportandthelaw/blogentry.aspx?blogentryref=8430#_ftn2> J Palmer, “FA to. compensation Liverpool for Gerrard injury”, modified November 19, 2010, accessed February 18, 2011, < http://uk.reuters.com/article/2010/11/19/uk-soccer-angleterre-gerrard-idUKTRE6AI25N20101119>.