Training rights in soccer
Click on the flag of interest to read the right to training in that country
Written by
Pablo Bruera
lawyer
Updated with the FIFA reforms of February 27, 2020
Introduction
The present work analyzes the training rights in soccer. When it is due and when it is not, pay the compensation; responsible for payment, costs, calculations and your requirements.
Mention is also made of jurisprudence cases and it is established where the Training compensation is claimed.
Likewise, the grounds for exemption from payment are listed, who are entitled to collection and those obliged to pay it.
FIFA circulars, provisions for the European Union, special bulletin No. 3886 and No. 5551 of the AFA are analyzed.
The chapter culminates with the Argentine law N ° 27211, with the training rights in soccer in Spain, Mexico, Peru, Brazil, Venezuela, those of women's soccer and the adequacy of the MLS (Major League Soccer) to the rules of " FIFA regime ".
We have updated the work to the new regulation on the status and transfer of players (RETJ) published by FIFA in 2020 and which has some reforms that we will explain.
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FIFA provisions
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According to article 20 of the RETJ -regulation on the Statute and Transfer of Players-, the Training compensation will be paid to the club or clubs that train a player for the following reasons: 1) when the player first registers as a professional ( reform FIFA 2020) and 2) for each of his transfers until the end of the season in which he turns twenty-three.
The obligation to pay compensation for Training arises even if the transfer is made during or at the end of your contract. The provisions on it are established in Annex 4 of these regulations. It states that the training is carried out between the ages of twelve and twenty-three, instead of that carried out until the age of twenty-one, unless the training has been completed before.
The obligation to pay compensation for Training exists, without prejudice to any other obligation to pay for breach of contract.
With the reform of the RETJ 2020 the dichotomy between its article 20 and 2.1 of annex 4 is eliminated.
In such a way that what generates the right to receive training compensation is for the player to REGISTER for the first time as a professional.
In the previous version, the accrual occurred with the signing of the first professional contract, not with its registration.
It should be noted that this reform will be applied as of July 1, 2020.
This Reform extends FIFA's competence on training compensation between clubs from the same association, provided that the transfer of the player has occurred between clubs that are from different associations (previously limited only to solidarity).
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FIFA powers expanded
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The reform, which will take effect from July 1, 2020, extends FIFA's competence to intervene in training rights disputes, between clubs from the same association, provided that the transfer of the player has occurred between clubs that belong to different associations. (previously limited to solidarity mechanisms)
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"Article 22 subsection and RETJ 2020
Without prejudice to the right of any player or club to raise a case before an ordinary tribunal for labor disputes, FIFA has the competence to deal with:
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e) disputes related to training compensation (article 20) and the solidarity mechanism (art. 21) between clubs that belong to the same association, provided that the transfer of the player causing the dispute has occurred between clubs that belong to different associations.
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The new FIFA reforms of February 27, 2020
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The FIFA Football Stakeholders Commission, which includes representatives of clubs, leagues and players, as well as federations and confederations and the FIFA administration has created a fund to partially cover compensation for training
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The fund will be financed by an additional 1% rate that will be applied to the amounts paid for the transfers.
The new system tries to streamline and effectively reward the work of the training clubs; since the characteristic of the new reform is that payment will be made automatically, through the new FIFA clearinghouse.
An attempt is made to guarantee the payment of this compensation since at present this, for one reason or another, does not occur.
From this approval comes a round of consultations with interest groups to agree on a new parameter for the recategorization of clubs and training expenses, in order to send the proposal to the FIFA council, with the aim of entering into effective in 2022.
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This new reform gives the impression that the discussion in which FIFA was going to get the right to training and automatically raise the solidarity mechanism is settled. For what arises from here, the right to training is maintained and deepened and new fees are being discussed. The idea of the reform is that with this fund the necessary money exists so that the training clubs can collect the same day the player is sold.
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The clearing house that is the one who will make the payment indicates that FIFA is fully involved in making these effective, instantly.
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However, we have consulted FIFA sources that have indicated that these changes will be in force only in 2021 since implementation will take this entire period.
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When is the Training indemnity due?
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A <when the player first signs up as a professional player.
B <when an international transfer is made, during the contract or at its end, before the end of the season of his 23rd birthday.
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When the Training Compensation is not due
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A <If the previous club terminates without just cause.
B <If transferred to a club in the fourth category.
C <If the player goes from professional to amateur.
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Payment responsibility
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In case of being the first registration of a player, the club that registers it pays the compensation, having thirty days from the date of registration.
The payment obligation is for all the clubs listed in the player's passport, pro rata from twelve years of age.
In the case of a subsequent transfer, compensation shall be paid only to the player's previous club for the period he played there.
If any of the clubs no longer exists, the compensation is charged by the association and said amount must go to the training of players.
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Training compensation costs
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To calculate the Training compensation, the clubs are classified into a maximum of four categories, according to their investments.
Each category has a corresponding value according to the sum required to train a player for a year, multiplied by "player factor", which represents the number of players that must be trained to produce a professional one.
Training prices established by confederation for each category of a club, as well as the categorization of clubs, are published on the official FIFA site.
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Calculation of compensation for Training. General rule
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The expenses that the current club would have had to make due to the formation of the player are considered in the following cases:
The first time a player signs up as a professional.
At this point, for the training compensation, the costs of the new club category are calculated multiplied by the years of training from its twelve to twenty-one years of age.
2. In subsequent transfers, compensation is paid to the previous club for the years the player was there.
Training between twelve and fifteen years is estimated based on the clubs in the fourth category, so that the cost is not so high.
In the European Union, if a player goes from a lower category to a higher one, an average between both categories is calculated to calculate the compensation. But if a player goes from a higher category to a lower one, the compensation is estimated from the lower one.
If the previous club does not offer a contract to the player, it does not receive the Training compensation. Said club must grant you a contract similar to the previous one within sixty days of the end of the other contract. The above clubs have the right to collect compensation.
When does the Training compensation accrue
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The TAS –Sport Court of Arbitration-, on December 2, 2016, issued an award in the case “Calcio Catania vs. Montevideo Wanders FC ”.
The problem arose when Catania enrolled the player Juan Manuel Ramos in July while he was in the second division, for which this club intended to pay 60,000 euros per year as Training compensation. However, the player signed his first professional contract on 31
January 2014, when Catania was in series A, in this way it would correspond to the amount of 90,000 euros per year.
The dilemma was that the contract was signed in January when Catania was in series A but it was registered in July, at the time that the club was demoted.
The TAS held that the birth of the compensation corresponds to the signing of the professional contract.
Basis of the ruling
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Analyze a new hybrid category of players not provided for in art. 20 of the RETJ.
Establish the person responsible for paying the Training indemnity if the club for which the player signs never registers it and transfers it to another club that registers it.
Evaluate the consequences of whether it is registered after two years, prescribing the action of the training club.
The door is opened to abuse, as in this case.
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Where compensation for Training is claimed
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Through the TMS -Transportation Management System-, FIFA established a specific sub-commission appointed by the Dispute Resolution Chamber to resolve the Training compensation as soon as possible.
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Bosman, the end of the lien
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In 1990, the Belgian club -Real Fútbol Club- in Liège agreed with the French club - Unión Deportiva Dunkerque - the transfer of Belgian Jean Marc Bosman.
Both clubs signed a contract and agreed on the amount of compensation. But the transfer was not completed and Bosman remained at the Belgian club. The player initiates legal actions to have the freedom to be hired.
On December 15, 1995, the Court of Justice of the European Union ruled against the right of retention as it violates the right of free movement of Community workers within the European community. From
change, the federal law ceased to have value and the labor law, the validity of the employment contract, became valuable.
To compensate the training clubs, FIFA creates two institutes: the Training Right and the Solidarity Mechanism.
Requirements for player compensation
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You have to be a professional player.
It must be transferred between different associations since, if the player transfers between clubs of the same association, FIFA rules do not apply but rather those of labor law.
The transfer can be during the contract or at its end, that is, it is paid when the player acquires free status.
Training compensation is canceled when the season ends when the player turns twenty-three.
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Final transfers and loans
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According to FIFA regulations, both for final transfers and loans, the Training compensation is paid.
However, the jurisprudence –the Dispute Chamber-, in 2008, provided that in cases of loans it did not correspond because the contract with the previous club is in force, beyond suspending its effects for the period of the loan to another club .
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Grounds for exemption from payment
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Annex 4 of the TRTJ includes three grounds for exemption from payment of Training compensation:
Termination of contract without just cause, the previous clubs must pay the payment.
When the transfer is made to a club in the fourth category. Each association categorizes its clubs into up to four categories, according to the investments they make in training. In general, the clubs in the fourth category are very humble amateurs or professionals who cannot afford the Training compensation.
If the player becomes amateur again.
Who are entitled to collection:
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All the clubs that formed the player from the moment he signs his first contract. They charge from twelve to twenty-one years of age. In order to receive Training compensation, clubs must be affiliated with associations that are members of FIFA. Therefore, clubs that are not, cannot request it.
If the training clubs no longer exist, it is the association to which they belonged who is entitled to collection, and this amount must be invested in the training of players.
In the case of a transfer of the player before the end of the twenty-three year season, the previous club will charge it exclusively, whether it is club to club or if the player is free (except for termination without just cause).
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Who is obliged to pay compensation
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The person liable for payment is the new club, and compensation must be paid thirty days after the player's registration. As we said, to calculate it, the expenses that the new club would have had in the formation of the player and the category of the new club given by its own association are considered.
To lower the costs of compensation, the formation of the seasons from twelve to fifteen years is computed with the value given to the clubs in the fourth category.
The waivability in the Right of Formation
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Although compensation is inalienable for one sector of the doctrine, for another sector it is waivable, provided that the requirements that the jurisprudence of the FIFA dispute resolution chamber (CRD) has ruled are met.
For the CRD the waiver applies if the training club unequivocally demonstrated the intention to waive to claim said rights.
This resignation according to the CRD must be specific. In the CAS / A / 811 case between Galatasaray VS MSV Duisburg, the former stated that he did not have to pay said compensation since the latter signed a document in which he stated that “the contract expired on June 30, 2002 and that it did not there are more transfer payment quotas ”.
Both the CRD and the CAS confirmed that as the intention to resign or even to submit any claim was not specific in this case, it could not be understood that the Galatasaray was exempt from payment. The training club only certified that the document referred to the transfer payment fees, but not explicitly about the payment of training fees.
In decision 105377 of the CRD the club was arguing that it should not pay this compensation since a leader of the training club gave the player's representative a letter saying that the player will be free and out of any contract, in this case the CRD decided to order the training compensation to be paid as the letter was unclear to determine a waiver of training rights.
In decision 25528a, a club managed to avoid paying this compensation because the training club, in a letter, stated that "the club will not have any claim against the player or the new club."
For the CRD, when saying “no claim” includes the training compensation, the training club cannot exercise the claim.
In case 106574 the CRD ruled in a similar way since the training club would have delivered a document stating that "no financial compensation is required by the player."
The CRD understood that this phrase also referred to the right to training and could not receive any compensation for the rights to training.
However, it should be clarified that the CRD uses the principle of "case by case" taking into account the arguments of the parties and the documents they present.
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FIFA circulars for categorization
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Each member association must categorize its clubs according to the investments they make in training young players. Said categorization should be reviewed at the end of each year. The attached table shows the categories in which the associations of each confederation must order their clubs, as well as the Training compensation corresponding to their category, in each of the confederations.
In our opinion, an urgent change is needed in the categorization of clubs in training compensation.
As we can see, CONMEBOL and UEFA are the only ones that have category 1 clubs, however, it is surprising that countries with notable roots in soccer have low categories in training law.
We could mention the Asian countries that have development and heavy investments in the training of footballers, with notable progress in this sport but which are not recognized by the FIFA circular.
Particularly the clubs in Saudi Arabia have made spectacular outlays, to the point that there are already players from this country in Europe.
However, for FIFA they are still category 3.
Another example is the Chinese Super League that pays significant wages, has generated a formidable structure for the development of soccer, with renowned players and the clubs do not go beyond a category 3 either.
Provisions for the European Union when there is a transfer from one association to another
In the event that a player is transferred from a lower category club to a higher one, the Training compensation is equal to the average training costs of the two clubs (unless the previous club does not offer the player a contract in writing, before sixty days of your transfer). If a player moves from a higher category club to a lower one, the compensation is calculated by the lower category club.
The competent legal body in the claim for compensation for Training is the Dispute Resolution Commission, to which the procedural costs must be advanced. If the claim is less than 50,000 Swiss francs, there are no costs. If it exceeds this figure, the amounts range from 2,000 to 5,000 Swiss francs.
When the transfer contract between two clubs does not say anything about the Training compensation, it is understood that it is included in the transfer so the previous club cannot claim it, unless it is proved that both clubs did not want to put it in the price of said transfer.
Reality theory
Regardless of what the contract says, jurisprudence sees the facts in relation to whether a contract is professional or amateur.
The loan assignment does not give rights to the Training compensation. In turn, the club that yielded to the player must discount the time he was yielded when he claimed compensation, since during that time he did not form it.
Bridge Club. Simulations.
To pay a lower cost of the Training indemnity, a figurative sale is made to a lower category club and then the player is sold to a higher category club. However, jurisprudence says that who pays is the club that makes the first professional contract, so it has no tools to avoid this simulation.
Categorization by confederations
As we saw in the FIFA table, the ASIAN, AFRICAN, CONCACAF, OCEANIA confederations do not have countries in category number 1. In CONMEBOL, in category 1, there are only two countries: Brazil and Argentina. In category 2, in addition to the two previous countries, are Chile and Uruguay; all other countries in this confederation are category 3 and 4.
In UEFA, in the number 1 category, are England, France, Spain, Italy and the Netherlands.
AFA SPECIAL BULLETIN, No. 3886
This regulation of the AFA remains as a legal antecedent because it is in disuse. The AFA issued a new one through bulletin No. 5551, which is found later in this paper.
The AFA creates the Training compensation department. The compensation corresponds when the player becomes a professional.
The party liable for payment is the club with which the player signs his first contract and that club to which he subsequently signed up by transfer or to a new club.
The benefited clubs are those affiliated with the AFA, directly or indirectly, who formed the player between twelve and twenty-one years of age.
The compensation must be deposited with the AFA, who charges two percent of the operation. The calculation is derived by multiplying the cost of training
a player by the average of a player factor. This is determined by the percentage of players that the club needs to train to obtain a professional player.
The criterion of the calculation is through the subsidies paid to the players (pensions, health insurance), social charges, educational expenses and their trips, training fields, trips for training sessions, gyms, expenses for changing rooms, etc., equipment ( T-shirts, balls), personnel expenses (technicians, doctors, administrative personnel, props, etc.), medications.
The clubs are divided into categories according to the investment in Training: Category 1: first division clubs.
Category2: clubs of the national B. Category 3: clubs of the first B.
Category 4: First C, D, and affiliated league clubs.
The category of the club is taken when the player signs the contract.
You pay up to 23 years of age for training up to 21 years, unless it ends earlier with a professional contract.
The training periods are distributed as follows: Of the 12, 13 and 14 years, corresponds to 5 percent.
Of the 15, 16, 17, 10 percent.
Of the 18, 19, 20 and 21, it is 15 percent.
Training compensation, in the first contract, is paid pro rata to all training clubs.
In the case of subsequent transfers, a percentage must be paid to the training clubs on the transfer value (prorated).
The AFA keeps the Training compensation if no one claims it for a period of two years or if the relationship between the club and the player is not established. Said money must be destined to the training of players.
The AFA can retain the rights to TV or tickets as a sanction to those who do not pay the compensation. If in 6 months it is not canceled, the player is disabled and the club cannot hire players from its lower divisions or third parties.
The disabled player can calculate the freedom of contract.
The AFA Training Compensation Department must meet the following requirements:
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determine the calculation of compensation by category and update it annually;
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inform the beneficiary clubs and the person responsible for payment;
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receive compensation;
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report breaches;
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submit to the executive committee the change of category of a club and the player factor of each category.
If there is discussion about the amounts, the department gives ten calendar days to resolve it. The term extends to one day for every 100 kilometers of the AFA's domicile.
This department is appointed by the executive committee, lasts two years and has three members (at least one of them must be an accountant). The AFA keeps a record of the player's first contract and final transfer, as well as his details and the clubs where he was formed.
AMOUNTS OF COMPENSATION FOR TRAINING
Category 1: Major League Players, $ 80,000
Category 2: First National B players, $ 40,000
Category 3: 1st B players, $ 20,000
Category 4: Players from categories C, D and leagues do not charge for being amateurs.
National Law No. 27211
The law recognizes non-profit civil associations and simple associations that exercise sports training and receive compensation for their activity in money or in kind.
The period recognized for compensation is between the calendar year of the player's ninth birthday and the calendar year of the eighteenth, both inclusive.
Compensation corresponds when the athlete is an amateur and celebrates his first professional contract or in the case that, being a professional, a transfer to another sports entity occurs while retaining the same status, or each time he enters into a new contract.
The party liable for payment must do so within thirty days of the legal act that generated the benefit. This right is inalienable and cannot be transferred to third parties; any act to the contrary, renders it null.
The limitation period of the action is two years from the registration of the athlete. If the contract is not registered, it is counted from the conclusion of the contract.
If this right is not claimed by the sports entity, it can be done by their respective association and they have an additional six months of extension for their claim. The income obtained from this action must be used to promote youth amateur sports.
In case of conflict between the law and the regulations of the association, the one that is most favorable to the holder of the sports training right applies.
The association's regulations must contemplate an effective enforcement procedure that includes sports sanctions for non-compliance.
The filing of the claim with the respective association interrupts the limitation period.
The federal regulations cannot establish a compensatory amount less than the parameters of this law.
The amount to be compensated is the result of applying a five percent on the gross value of the total payment and for all concepts, including bonuses, prizes and other remunerations that the athlete receives for his activity, during the entire period contemplated in the contract.
For the sole purpose of the settlement of the compensation, a minimum of a three-year contract is taken.
Every time there is a transfer of federative rights to another entity keeping the same status, or every time a new contract is signed, the destination sports entity must pay the training entities the sum resulting from applying a five percent on the gross value of the transfer. If the value of the transfer is not known, it must be determined by the gross value of the contract. In the event that both are unknown, thirty-six vital and mobile minimum wages are taken.
When there is an onerous transfer of percentages of future transfer to third parties, the transferor must retain five percent of the gross amount received by the transfer and must pay the Training right to the
training entities.
If there is more than one training entity, the compensation is distributed pro rata as follows: ten percent for each year from the athlete's ninth birthday to their eighteenth birthday, inclusive.
Fines for inaccuracy range from twenty-five percent to one hundred percent of the total amount of compensation. The provisions do not exempt the debtor from completing the entire compensation.
Associations must record the professional contracts that have been concluded.
The holder of the action can exercise the rights before the ordinary justice or before an autonomous arbitration court, outside the federal sphere and specialized in sports matters.
SPECIAL BULLETIN N ° 5551
COMPENSATION REGULATION FOR THE TRAINING OF YOUNG PLAYERS IN THE FIELD OF ARGENTINE FOOTBALL
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Approved by the executive committee, on October 18, 2018, in Bulletin No. 5550.
CHAPTER I: SCOPE OF APPLICATION
Article 1: This regulation regulates the compensation regime for Training young players and that of the Solidarity Mechanism, in the field of Argentine football. It is applicable to all clubs affiliated directly and indirectly to the Argentine Football Association.
CHAPTER II: DEFINITIONS AND PRINCIPLES
Article 2: The compensation for training young players - hereinafter, Training compensation - will be paid to the club or training clubs of a player, when he signs his first professional contract before the end of the season in which he turns twenty-three years of age.
Article 3: The compensation for the Solidarity Mechanism will be paid when a professional player is transferred onerously between two clubs directly or indirectly affiliated with the Argentine Football Association, during the term of their contract.
Article 4: Compensation for Training or application of the Solidarity Mechanism are not subject to transfer to third parties, regardless of whether or not they are clubs. Their perception can only be claimed by the club or clubs that are the holders of the corresponding rights, in accordance with the guidelines established in these regulations. Any transfer that is signed will be considered void.
CHAPTER III: COMPENSATION FOR TRAINING
Article 5: The clubs directly or indirectly affiliated with the AFA who have effectively participated in the education and training of a player, between the season in which they turned twelve and twenty-one years of age, will be beneficiaries of the Training compensation. Training compensation will be paid provided that the first professional contract is signed before the end of the season in which the player turns twenty-three, for the training carried out until the end of the season in which he turns twenty-one years of age, unless a player has completed his training process before the end of the season in which he turns twenty-one. In the latter case, the calculation of the Training compensation will be carried out taking into account the years between twelve years of age and that in which it is effectively shown that the player completed his training. For the purposes of the provisions of these regulations, a professional contract shall be understood as one that is registered as such before the Argentine Football Association.
Article 6: Only Clubs directly or indirectly affiliated with the AFA may claim compensation for Training when, at the time the player signs his first professional contract, they are playing official competitions in a lower category than the required club. In the event that any portion of the corresponding amount for Training rights cannot be claimed by application of the foregoing, it will be in favor of the new club.
Article 7: The club in which the player is registered with his first contract as a professional is obliged to pay compensation for Training. The amount to be paid will be calculated pro rata, based on the training time of the player in each club. Payment to beneficiaries must be made within thirty calendar days following compliance with the conditions.
to which it is subject, in accordance with the provisions of this same article.
Article 8: If the training club, within the framework of the autonomy of the will, has agreed with the new club a compensation for the signing of the player's first professional contract, said amount will be deducted from the amount to be paid until the concurrence of both. In the event that the amount voluntarily agreed is greater than the amount of the Training indemnity, the training club will not have the right to claim any additional amount and the party liable for payment shall pay the agreed upon voluntarily, in accordance with the conditions established in the signed document. timely by the parties.
Article 9: Training compensation must be calculated according to the training costs of the club with which the first professional contract is signed, taking into account that the clubs are divided into four categories, namely:
CATEGORY I: First Division Clubs, participants in the Super League. CATEGORY II: Clubs of First National B or second category.
CATEGORY III: Clubs of First Metropolitan B and Federal Tournament "A" or
third category.
CATEGORY IV: Clubs of First "C", First "D" and affiliated Leagues.
Article 10: The costs corresponding to each category for each year of training will be the following:
CATEGORY I: an amount equivalent to the value of one and a half percent of the minimum contract of a professional player of the First Division A or Super League (first category) for each year of training.
CATEGORY II: an amount equivalent to the value of one and a half percent of the minimum contract of a professional First National B player (second category) for each year of training.
CATEGORY III: an amount equivalent to the value of one and a half percent of the minimum contract of a professional First Metropolitan or Federal A player (third category) for each year of training.
CATEGORY IV: the clubs in this category do not pay Training fees.
Article 11: No Training compensation will be owed if the player signs his first professional contract with a category IV club.
CHAPTER IV: THE SOLIDARITY MECHANISM
Article 12: If a professional player is transferred permanently or temporarily between clubs affiliated directly or indirectly to the Argentine Football Association, onerously, during the term of a contract, five percent of the net price of any amount paid to the previous club, it will be deducted from the total amount and will be distributed by the new club as a Solidarity Mechanism between the club or the clubs affiliated with the Argentine Football Association that, over the years, have trained and educated the player. Any sum paid by the new club to the previous club as compensation for Training and / or expenses or taxes inherent in the transfer will be excluded from the Solidarity Mechanism.
Article 13: This Solidarity contribution will be made proportionally, depending on the number of years that the player has been enrolled in each club during the seasons between their twelve and twenty-three years of age, as follows:
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Season of the 12th birthday: 10% (that is, 0.50% of the total compensation).
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Season of 13th birthday: 10% (that is, 0.50% of the total compensation).
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Season of the 14th birthday: 10% (that is, 0.50% of the total compensation).
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Season of the 15th birthday: 10% (that is, 0.50% of the total compensation).
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16th birthday season: 10% (that is, 0.50% of the total compensation).
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Season of 17th birthday: 10% (that is, 0.50% of the total compensation).
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Season of 18th birthday: 10% (that is, 0.50% of the total compensation).
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Season of 19th birthday: 10% (that is, 0.50% of the total compensation).
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Season of 20th birthday: 5% (that is, 0.25% of the total compensation).
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Season of 21st birthday: 5% (that is, 0.25% of the total compensation).
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22nd birthday season: 5% (that is, 0.25% of the total compensation).
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23rd birthday season: 5% (that is, 0.25% of the total compensation).
Only clubs directly or indirectly affiliated with the AFA may claim the Solidarity contribution if, at the time the player is transferred, they are playing official competitions in a lower category than the obligated club. In the event that any portion of five percent (5%) cannot be claimed by application of the provisions set forth above, it will be in favor of the new club.
Article 14: If the training club, within the framework of the autonomy of the will, has agreed with the club that transfers to the player a recognition of a
percentage of the economic benefits derived from a future transfer of the soccer player higher than the percentage that corresponds to him as a Solidarity Mechanism, will not have the right to claim any additional amount, the transferring club having to pay the agreed upon voluntarily, in accordance with the established conditions in the document duly signed by the parties. If the percentage agreed voluntarily between the originating club and the training club is less than the percentage that corresponds to the formator as a Solidarity Mechanism, it must be taken by the obligor to pay the compensation amount on account.
Article 15: The new club must pay the club or the forming clubs the Solidarity Mechanism in accordance with the preceding provisions, no later than thirty calendar days after the player's registration with the new club in the Argentine Football Association or , in the case of partial payments, within thirty calendar days after the date of effective collection of said payments. It is the responsibility of the new club to calculate the amount of the Solidarity Mechanism and distribute it according to the history of the player's career as it appears in his passport, and the Argentine Football Association must provide the clubs, at no cost, the player's passport to those effects, through the Comet system. If necessary, the player will assist the new club to fulfill this obligation. It is the responsibility of the club of origin to inform the new club if there is an agreement / s where it is agreed with the club / trainers / is the recognition of a percentage of the economic benefits derived from a future transfer of the footballer.
Article 16: In the event that a footballer unilaterally terminates the contract without cause attributable to the club, the termination clause being provided or there is some type of compensatory compensation provided in the contract in favor of the club, the amount of the compensation is considered as value transfer for the purpose of paying the Solidarity Mechanism, as long as the player signs a new contract with another club affiliated directly or indirectly to the Argentine Football Association, in which case the latter will be responsible for the payment of the Solidarity Mechanism.
Article 17: When the termination of the link between a club and a footballer occurs by mutual agreement of the parties and debts are compensated between them or there is some type of compensatory compensation in favor of the club of origin, the net amount of compensation or compensation , as the case may be, is the one
it is considered as transfer value for the purposes of the payment of the Solidarity Mechanism, as long as the player signs a new contract with another club affiliated directly or indirectly to the Argentine Football Association, in which case the latter will be responsible for the payment of the Mechanism of Solidarity.
CHAPTER V: COMMON PROVISIONS
Article 18: The prescription of the right to request compensation for Training and / or the Solidarity Mechanism is two years from the date of the event that gives rise, in accordance with the provisions of these regulations.
Article 19: Processing. Dispute resolution. The processing of claims for compensation for Training and Solidarity Mechanism will be carried out by the clubs and / or leagues through the AFET COMET system. To this end, the executive committee of the AFA will issue a code of procedure, which will be an integral part of these regulations.
The Dispute Resolution Body (ORL) will resolve any questions that may arise regarding the dissatisfaction of the beneficiary clubs or those obliged to pay regarding compensation calculations, amounts, payment proportions or any other issue of dispute. The ENT must settle the matter within fifteen calendar days from the COMET system submitting the complete history of the case. The ORL resolutions will be subject to appeal before the Court of Appeals of the AFA, until five calendar days of notification thereof.
Article 20: Retention of Funds. If payment is not made in the terms and conditions indicated -and with prior notice from the AFA and / or Super League for compliance within ten calendar days- the AFA or the Super League (which corresponds according to the category of the club) they will be empowered to withhold from the defaulting club the sums due that correspond to them for distribution of audiovisual rights or for any other concept, for their immediate transfer to the training club.
Article 21 °: Disciplinary Measures. In the event that, for any reason, the AFA or the Super League cannot withhold from the distribution of audiovisual rights or any other concept the amount owed by the defaulter to the formator, the record will be forwarded to the AFA Disciplinary Tribunal, who may impose disciplinary sanctions on clubs that do not comply with the obligations set forth herein.
Article 22: Entry into force. These regulations will come into effect from their publication in the AFA Bulletin and will supersede the one duly approved in Bulletin N ° 3886, dated May 23, 2006, which is repealed.
AFA Official Gazette No. 5597
The procedures for compensation for the training of young players will be carried out by the management of the COMET system, which will also issue the sports passport through the use of its system (article 3 of this bulletin).
COMET is a software authorized by FIFA that was created in 2003 and arrived in South America in 2014, "as a process towards modernization," as CONMEBOL expressed on its official site. COMET enables the registration and administration processes of all soccer players, organizations and facilities, the most important being soccer players.
First judicial ruling in favor of Bochofilo Bochazo
Dr. Juan Carlos Marchese, Judge of Judicial Circuit No. 29 of San Vicente, decided to apply, for the first time in the Argentine Republic, National Law No.
27,211 of Sports Training Rights, for which a large Super League club —Students of La Plata— must pay the club Bochadofilo Bochazo of the Rafaelina League, a significant sum of pesos for the beginnings of the player Facundo Sánchez. Although the "Pincharrata" will appeal the measure, the ruling is unprecedented for Creole football.
Facundo Sánchez, the first case
This first claim of Bochófilo Bochazo arises from having Facundo Sánchez, now a professional player at Estudiantes de La Plata, in his school.
Unión Fútbol Club (Totora) C / Club Atlético River Plate S / collection of money for Training rights
In 2006, the AFA published bulletin No. 3886 -which is discussed in this work- where it is established that the claims must be made through the Training compensation department (articles 14 and 15 of the decree) that should be created, but This institution was never formed and there was never any claim for Training rights, internally.
In turn, the AFA prohibits asking for these rights through the ordinary judicial channel. River appears and makes a general and particular refusal of the facts: it raises the exception of incompetence and legal defect. River believes that the AFA regulations should apply and not Law No. 27211.
River's Arguments
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River does not know the certificate issued by the regional soccer league in Totoro, since it cannot be established that the player has been authentically and federatively registered in the League.
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They did not present a good faith copy of the list or party templates that certify that formation.
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The actual signing of the player in the Unión Fútbol Club was not proven by any means.
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The plaintiff did not initiate the petition in the AFA.
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River raises the unconstitutionality of articles 6, 7, 18, 23 and 29 of law No. 27211.
Result of the court ruling
The judge rejects the proposal of constitutionality of the law exercised by River, declares himself competent and rejects the exception of legal defect.
Justice assumes that the player was registered in the Totorense regional league from the age of eight and the calculation of compensation must be made from the age of nine.
The contract for the transfer of the federative right of the player Nicolás Domingo was made for a transfer value of $ 4,900,000 in favor of the Banfield club and the total gross value was $ 6,257,300.
The basis of the calculation should have been from the player's nine years of age until February 25, 2000, taking the total gross sum of the contract plus the default interest.
The payment was made within thirty days, that is, from February 7, 2016.
The costs corresponded to be paid by the defendant.
THE FAILURE OF TAS IN FAVOR OF WORKSHOPS IN CÓRDOBA BY THE PLAYER PASTORE. January 19, 2015
The award confirms Talleres against Palermo. Pastore, today at PSG, came to Palermo as a free player. He signed the first contract with Talleres on July 8, 1999 until June 30, 2009, but from November 3, 2007 to June 30, 2009, he went on loan to the Huracán club. That is, as Pastore was twenty years old when he arrived at Palermo and it was not his first registration as a professional player, the player's previous club only receives compensation for the time he trained at that club. But, what is the previous club if the expiration date of the contract between Talleres and Huracán is the same?
Palermo states that when a club lends to a player, it loses the Training compensation rights, and can only claim them when the player returns. The TAS considers that the Training fees must be paid for all the years in which the player was in the club, discounting the time in which he went on loan. The Panionios case does not apply because in said matter the transfer was final, then returning to the club of origin.
According to the TAS, the Dundee case (CAS2013-A-3119) applies. Both FIFA and TAS contend that the loan of a player from his home club to another club does not interrupt the training period and is therefore entitled to Training.
FIFA Circular No. 1689 - Art. 13 of the Rules of Procedure of the Player Statute Commission and of the FIFA Dispute Resolution Chamber
Article 13 of the Rules of Procedure of the Commission on the Status of the player and the Chamber of Dispute Resolution FIFA. Proposals for the administration of Ia FIFA in the context of claims relating to training compensation and solidarity mechanism .
Ladies and Gentlemen:
The art. 13 of the Rules of Procedure of the Player Statute Commission and of the FIFA Dispute Resolution Chamber ("Rules of Procedure") give the Department of FIFA Player Statute (DEJ) the power to submit written proposals to the parties involved in a lawsuit related to training compensation and the solidarity mechanism in what refers to the calculation of the amounts owed.
Taking into account the principle of procedural economy, art. 13 of the Procedural Regulations was introduced to speed up decision-making in cases related to training compensation and the solidarity mechanism whose factual or legal situation is not complex. The article in question empowers the DEJ to present a written proposal to the parties. Said proposal will be firm and binding 15 days after its notification in case it is accepted by the parties or they do not respond within the term.
In particular, art. 13 of the Rules of Procedure establishes that:
Art. 13 Proposals of the administration 7. In disputes related to training compensation and the solidarity mechanism, whose factual or legal situation is not complex, or in which there is clear jurisprudence of the CRD, the FIFA administration (through the Player's Statute Department) may submit written proposals to the parties, regarding the amounts owed and their calculation, without this constituting a precedent in a specific case. At the same time, the parties who may request a formal decision from the competent union will be notified within fifteen days after receiving the notification, otherwise the proposal will be considered 'accepted and binding.
2. If a party requests an official decision, the procedure will be carried out in accordance with the provisions of these regulations.
The art. 13 of the Rules of Procedure has the potential to resolve quickly and efficiently a considerable number of disputes over training compensation and the solidarity mechanism.
Taking into account the above, with immediate effect, the DEJ will begin to apply art. 13 of the Rules of Procedure to all claims related to training compensation and the solidarity mechanism lacking, prima facie , of complex fictitious or legal elements.
In particular, the procedure in relation to the aforementioned claims will be as follows:
to. Receipt of claims
The parties will have to present claims related to training compensation and the solidarity mechanism through the Transfer Correlation System (TMS), in accordance with art. 1, sec. 1 of Annex 6 of the Regulations on the Statute and Transfer of Players (RETJ). The claim must be accompanied by all the required documentation and the information stipulated in art. 5, sec. 2 and art. 6, sec. 2 of annex 6 of the RETJ, as well as in art. 9, sec. 1 of the Rules of Procedure.
Once e! DEJ is in possession of a complete claim, will proceed to an analysis of the claim in order to determine that: i) does not involve fictitious or complex legal elements; and ii) prima facie , all the regulatory requirements have been met to be entitled to receive the training compensation or solidarity contribution.
b. DEJ proposal in accordance with art. 13 of the Rules of Procedure and / or position of the defendant club before the claim
If the two conditions described are met, the DEJ will send the claim to the defendant and, at the same time, will send the parties a written proposal through the TMS which will include, specifically, the following information, depending on the nature of The claim (compensation for training or solidarity contribution):
- The date and the clubs involved in the transfer on which the claim is based;
- The pertinent amounts paid in the context of the transfer of the player;
- The dates of registration of the player in the club of the plaintiff that appear in the official sports passport of the player provided with the claim;
- The dates of the corresponding sports seasons;
- The percentage to which the claimant is entitled;
- The date of registration of the player with the defendant;
- The category of the plaintiff and / or defendant;
- The amounts owed as compensation for training or solidarity contribution, according to arts. 20 and 21 of the RETJ.
Once the DEJ proposal has been notified to the parties through the TMS, the parties will have a period of 15 days to accept or reject the proposal and, if applicable, explain the reasons that may justify its rejection. If one of the parties rejects the proposal, the procedure will continue in accordance with the relevant provisions stipulated in the Rules of Procedure. In the event that the defendant club rejects the proposal, it will provide its position on the claim within the stipulated period.
We want to point out that the proposal in question is without prejudice to any formal decision that the competent decision-making body may adopt, in the event that the proposal is rejected by one of the parties.
In the event that neither party rejects the DEJ proposal within 15 days of its notification through the TMS, the proposal will be binding on the parties.
Finally, we remind you that, in accordance with art. 2, sec. 1 of annex 6 of the RETJ. All clubs and member federations should check the 'Claims' tab in the TMS periodically, at least every three days.
FÉDÉRATION INTERNATIONALE DE FOOTBALL ASSOCIATION
FIFA implements a system to pay training fees: the clearinghouse (CC)
It is an independent body that will act as an intermediary for payments of training fees. This chamber will be responsible for calculating the amount of compensation and will automatically distribute them to the training clubs. You will act as an intermediary in the payments, receiving the amount of the destination club and distributing it to the training clubs and you will not obtain benefits from the assets and the controlled transactions. This body must ensure that all financial and national and international money laundering regulations are complied with.
For all this, FIFA launches what is known as "the player's preliminary passport". When an international transfer or the first registration of a player as a professional occurs and is entered in the TMS, this passport will be created with the information that FIFA has obtained from the different registration systems of the national associations, and the payments and the amounts due to the different training clubs. This passport must be reviewed and validated by the national associations.
Once the passport is approved, FIFA will inform the clearing house and give it instructions on how to execute the different payments, this body will issue an invoice to the debtor club as indicated by FIFA. The CC must have a control task both in the distribution of the amounts and in the subsequent monitoring, this information will be available to FIFA to monitor compliance with all obligations and impose sanctions in the event that they are not fulfilled.
Training rights in Spain
Article 14.1 of Royal Decree No. 1006-1985 says: "In the event that after the expiration of the contract due to the expiration of the agreed time, the athlete stipulates a new contract with another club, a collective agreement may agree on the existence of compensation for preparation or training, the new club corresponding its subscription to the one of origin ”.
In other words, it is left to the discretion of the parties signing the collective agreement. If the club of origin does not say anything, it cannot be rewarded.
Article 18 of the footballer's collective agreement establishes that the club of origin can only claim training rights against the destination club if the player has terminated the contract.
This article forgets the clubs that have formed the player since only the club of origin is entitled.
Article 118 of the RFEF regulations says that all training clubs will be rewarded for Training rights, but the sums are minimal and laughable considering the amounts that move in the Spanish market and the expenses caused by the training of players. .
AMOUNTS TO PAY
The amount of the Training rights is determined by the destination club, according to the following scale:
First Division: 52,620.26 Euros
Second Division: 23,002.80 Euros
Second Division "B": 3,005.06 Euros
Feminine and other Divisions: 500.00 Euros
First Division Futsal: 1,000.00 Euros
Second Division Futsal: 200.00 Euros
Training rights in Mexican soccer
1- Those who have the right to receive training rights
The clubs of promotion (first A, second and third professional divisions) that contributed to the formation of the footballer between 12 and until the end of the season in which the player turns 21 years of age.
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2- Requirements
A- Document issued by the Mexican Football Federation in which it is stated that the player was registered with his club as a professional.
B- Registered contract between the club and the player.
C- Certification of the Mexican Football Federation that proves that the player has participated in a minimum of 765 minutes with a professional first division club in official matches.
Payment will be made to the club or clubs where the player has performed at least in a professional tournament of the promotion divisions.
We recall that temporary transfers are also taken into account.
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3- Those who do not have the right to receive the training rights
A- If a club unilaterally terminates the contract without just cause.
B- The club that has permanently transferred a professional player to another club in any division.
C- Between first division clubs, except their subsidiaries.
If a player under the age of 21 is participating in the first division, the club or clubs that formed him or her before having played in the first division are entitled to training.
If the player leaves his club during the term of his contract without just cause and without having reached the age of 21, the training fee must be paid to that club.
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4- Amounts
The amounts to be distributed proportionally are as follows:
[First division A] -100,000 pesos (approx $ 5200 USD)
[Second division] -75,000 pesos (approx $ 4,000 USD)
[Third division] - 50,000 pesos (approx $ 2,600 USD)
Participation for training rights will be paid once in the following terms:
A- The player must play a minimum of 765 minutes in a first division club in an official tournament.
B-The person liable for payment is the club where the player accumulates that number of minutes proportionally to the clubs or club that formed them in the amounts mentioned above.
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5- Procedure
The claim is submitted to the General Sports Directorate of the Mexican Football Federation.
The DGD then notifies the club of the payment request that must be made within 30 days in full.
The amounts must be deposited with the Mexican Football Federation and it will distribute it among the training club or clubs.
This legislation only applies to Mexican players.
The body to resolve complaints about the Right to Training is the Conciliation and Dispute Resolution Commission.
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6- Prescription
It is given 6 months after the player completes 765 minutes played in a professional first division club.
Training rights in Peruvian soccer
The new regulation
Resolution number 006/2009 is repealed and resolution number 22/2017 of the Peruvian Football Federation is approved.
This right is recognized for clubs that train players between the 12th and 21st birthday seasons inclusive.
The clubs that receive this right are members of the FPF, the professional football sports association (first and second division) and the leagues.
How the right to training is accredited
The training is credited with the card and / or the sports passport of the player who issues the registration of the FPF transfer and transfer office.
The payment comes when the player signs his first professional contract and all the clubs that formed the player are paid.
In case the previous club does not register the player in official competitions or does not comply with the minimum participation, then, for this club, the training right arises only after the player signs his professional contract and also plays 5 games with the team. main of the new club.
If he does not play all 5 matches in this club (in which he signs his first professional contract), the club will lose the right to future compensation.
When the professional player is transferred to another club or signs a contract with a new club after his previous contract ends, the training fee should only be paid to the immediately previous club.
It corresponds to pay training fees as long as the professional contract or the subsequent ones are concluded until before the end of the season in which the player turns 23 years old.
Season start and end dates
In Peruvian soccer, the sports season begins on January 1 and ends on December 31 of each year.
It must be paid within 30 days after signing the contract or after participating in the fifth match.
Remember that contracts must be registered with the Peruvian Football Federation.
When the training fee should not be paid
If the requesting club terminated the contract without just cause, or the player was released for lack of payment, or the player resumes the quality of fan or did not play the 5 games in the main team (except injury or just cause), nor should pay training compensation.
Costs