The Issue and Development Approach of Labor Mobility for Professional Athletes in Thailand within the Context of ASEAN

Abstract

            This research examines (1) the problem of determining the definition of professional athlete labor in ASEAN with different characteristics; (2) the legal issue related to the mobility of professional athletes in Thailand, which is not conducive to the work of foreign professional athletes; (3) the absence of collaboration in the mobility of professional athletes in ASEAN; and (4) the approach for establishing an organization for the development of the mobility of professional athletes in ASEAN. This research uses documentary research as the main method.

            The study found that there is no standardized definition of professional athletes in ASEAN. Therefore, domestic law applies to professional athletes in each member state with different standards. The mobility of professional athletes in ASEAN cannot occur freely. Regarding the law relating to the entry of foreign professional athletes into Thailand, it was found that contracts for the employment of foreign professional athletes are not protected by labor laws and are not supported by the foreign worker’s law because there is no framework for cooperation in sports related to professional athlete migration in ASEAN, and no regional organization to act on this matter.

            Thailand will bring the guidelines for improving the laws to present to the ASEAN Ministerial Meeting on Sports to jointly draw up a joint agreement on the mobility of professional athletes in ASEAN. It is also proposed to establish an organization for the development of the mobility of professional athletes in ASEAN in the form of an international non-governmental organization. The organization plays an important role in preparing instruments that are not legally binding but have the nature of guidelines or recommendations for member countries to use as a guideline for practice and lead to improvements in domestic laws.